Terms of service
In order to define terms and principles based on which users can use WatchOUT, the Company [WATCHOUTAI Sp. z o.o.] with its registered office in [Cracow]. Smoleńsk 23/2, 31-108 Cracow] street , publishes document that explains and informs about the terms of use of WatchOUT, app’s functionalities using WatchOUT and terms of providing services by Company
I. GENERAL PROVISIONS
1.
Whenever the following definitions are used in these Regulations, they mean:
1.1
Users account/ Account – means set of resources kept under a unique login assigned to each User, where the User's data and information about his activities under WatchOUT are collected ;
1.2
Privacy Policy - a document informing and explaining the method of processing, collecting and securing the data of WatchOUT Users;
1.3
Regulations – means this Regulations;
1.4
Registration – process of setting up an account;
1.5
Company– means company [WATCHOUTAI Sp. z o.o.] with registered office based in [Smoleńsk 23/2, 31-108 Cracow, Poland];
1.6
Content – means everything that the User sees using WatchOUT, including texts, photos, articles, graphic files, interactive content, meta tags;
1.7
Agreement - means an agreement about the provision of electronic services concluded between the User and the Company for the use of WatchOUT on the terms specified in the Terms of Use;
1.8
Mobile device - means smartphone or tablet;
1.9
User – means physical person who is at least 16 years old or legal personality who got a permission from the Company to complete a Registration and as a result gained access to the services provided by the Company within WatchOUT, within the terms specified in the Regulations;
1.10
WatchOUT/Application – means mobile application run by the Company and used to report road information, in particular inform about road accidents, traffic jams, road traffic, places where speed checks are carried out by police officers, license plate numbers of unmarked police cars and provide users with information about free parking places in the area where the User's vehicle is located.
2.
In order to access the content and services offered via WatchOUT, it is necessary to download the Application, User Registration, log in to WatchOUT, have access to the Internet and activate the GPS functionality.
3.
Using WatchOUT functionalities which are described in the Regulations such as registration and logging in to the Application remain free of charge. The only condition for using WatchOUT is having a Mobile Device which has Internet access, is equipped with the Application and the Bluetooth, Wifi (especially Wifi Direct), cameras and an active GPS function. It is necessary to have an email account which operates on any server (other than temporary or anonymous). .
4.
People who register on the app may be additionally asked to authenticate the User's Account by using the authentication mechanisms that is currently used in WatchOUT,, It can be done in the form of an email, SMS, TOTP message, containing a link or numeric code confirming the performance of a specific action in WatchOUT. In order to ensure the security of WatchOUT functioning, the Company may also introduce additional methods of account authentication.
5.
Company can also provide other services related to WatchOUT. However, the types and conditions of their provision will be specified in separate regulations .
II. WATCHOUT REGISTRATION RULES
1.
Users need to be physical persons who are 16 years of age or older. Registration by an entrepreneur, including a commercial law company, is possible only if the Company agrees to it upon request in electronic form .
2.
In order to register, the registration form needs to be completed in which you must provide :
2.2
Email address (other than temporary or anonymous)
2.6
Name and surname (optional);
3.
Once the form is completed, for security purposes, the Company may request additional for data or to perform certain actions to authenticate the data provided by the person registering, such as confirming the email address (sending the link), or telephone number (sending the code).
4.
After completing the registration form and accepting the Regulations, an Agreement for the provision of electronic services is concluded between the User and the Company on the terms specified in the Regulations, which results in the creation of a User Account.
5.
The User gains access to the User Account after entering the login and password (logging in). Logging in to the User Account is also possible via other external websites, including social networks. External websites may require fulfilment of additional conditions for logging into WatchOUT through them. The use of automated solutions, in particular the software that triggers the login, is at the risk of the User using such software .
III. WATCHOUT FUNCTIONALITIES AND TERMS OF USE
1.
After completing the Registrations, Users are able to:
1.1
raport information about road conditions, in particular information about road traffic, traffic jams, road accidents, speed control carried out by uniformed services, license plate numbers of unmarked Police vehicles, free parking spaces in the area where the vehicle is at a given moment ;
1.2
use information about road conditions, which can be found WatchOUT;
2.
While using the WatchOut, User:
2.1
is obliged to act in accordance with the law, in particular with regard to road traffic regulations, the Regulations, the principles of social coexistence and decency, without violating any rights of third parties and the legitimate interests of the Company;
2.2
is obliged to check the legality of using the Application functions in a given territory before using WATCH OUT, in particular, is obliged to read the content of the law that is in force in the country where the User uses the Application. Conscious or unconscious use of the Application in a given country, where it remains illegal, is at the sole responsibility and risk of the User, which the User recognises and agrees to by accepting these Regulations;
2.3
is obliged to provide true data, information and make truthful statements;
2.4
is obliged to refrain from using WatchOUT to publish and share with other Users advertisements, services or any information of a commercial nature;
2.5
is obliged to refrain from taking any action that could hinder or disrupt the functioning of WatchOUT or cause inconvenience to the use of WatchOUT by other Users, including, in particular, spamming, manipulating the content and notifications in WatchOUT;
2.6
takes full responsibility for own actions, including the Content he publishes on WatchOUT and takes full criminal liability for the use of the application in the territory of the States whose legislation prohibits the use of this type of application and provides for criminal liability
2.7
The User is obliged to not share the login and password to third parties, and if they are used by third parties, he is fully responsible for their actions ;
2.8
The User cannot copy, modify, adapt, translate, decompile or deconstruct any part of the Content that can be found in WatchOUT. User is also not allowed to publicly display, perform or distribute the Content;
2.9
Users are not allowed to interfere with or interrupt the operation of WatchOUT, the servers or networks hosting WatchOUT, and cannot violate any requirements, procedures, rules or regulations which relate to such servers or networks.;
2.10
User is not allowed to sell, license or commercially use WatchOUT or its source code;
2.11
Mirroring of any part of WatchOUT's source code is prohibited without the prior written consent of the Company ;
3.
During the use of WatchOUT, it is especially forbidden to post:
3.2
statements that violate the principles of etiquette and good manners
3.3
vulgar or offensive statements, including those violating any personal rights of third parties, especially other Users;
3.4
Content that promotes violence, drastic, extremist, terrorist, or other incites hatred, racism, xenophobia or conflicts between communities, environments, nations, minorities;
3.5
Content that infringes the copyrights of third parties,
4.
By posting his data, his image and all the inter things which can be included into his c content, the User agrees that the published Content can be used by the Company for the purposes of WatchOUT and by other Users for personal use for an indefinite period.
5.
The User is allowed to post photos on WatchOUT. However, he bears full responsibility for them. It is allowed to post photos for which the User has appropriate rights. By posting his photos, the User agrees to the dissemination and public sharing of his image. It is forbidden to post photos showing the image of another person, unless that person has consented to public dissemination and sharing the given image .
6.
In order to ensure the best, possible functioning of WatchOUT and in order to efficiently and quickly inform about road incidents (regardless of notifications made by Users), the Application (if the User agrees to use the camera) automatically takes pictures of the area on which the User is moving through using the shared recording from the route traveled by the User in order to take photos of road reports. These photos will not be available to other Users and public- they can only be used by the Company with the purpose of posting additional information about road incidents and unmarked vehicles, if they are detected in the photos taken. All elements that are visible in the taken photos and constitute personal data, including in particular images of people, or photographed private areas, will be blurred in a way that ensures they will not be identified. The above does not apply to license plates, both unmarked and marked Police vehicles, which are part of publicly available information.
7.
The WATCHOUT has a functionality that allows the User to make a recording of the traveled route (only image, no sound). The recording made by the User remains available only to him and the Company, without the possibility of being viewed by other Users and is saved only in the User's phone memory and, on the Company's server for the very short time period.
8.
The photos which are mentioned in paragraph 1. 6 of this paragraph will be kept by the Company for the period necessary to record and register a road report. It will be no longer than 7 days from the moment of their automatic execution by the Application.
IV. ROLE OF THE COMPANY
1.
Within the use of WatchOUT, the Company provides Users with appropriate IT tools that are supposed to enable the use of all WatchOUT functions, including:
1.1
creation and operation of User’s Account;
1.2
viewing Content published on WatchOUT;
1.3
reporting road information which are mentioned in §1 section 1 point i of the Regulations;
1.4
making a recording of the route traveled by the User (only image, no sound) with the use of the camera in the User's smartphone;
2.
The company is supposed to take all possible steps to ensure the proper and uninterrupted functioning of WatchOUT. However, the Company reserves the right to temporarily suspend the operation of WatchOUT, to the extent necessary and in justified cases, such as when for technical reasons or for reasons beyond the Company's control, including force majeure, and it is not possible to ensure the full functionality of WatchOUT. In such a case, the Company undertakes to make all possible efforts to limit the negative effects of a given situation .
V. THE RESPONSIBILITY OF COMPANY
1.
The Company does not take responsibility for the accuracy of any road information provided by Users, for any breach of road traffic regulations by them and for breach of any personal rights of third parties.
2.
The Company is not obliged to verify, filter or monitor any information entered by Users and does not interfere with the use of WatchOUT by Users, except from the cases provided in the Regulations.
3.
The internet connection required to use WatchOUT and all related fees (e.g. mobile data expenses) incurred in connection with the use of WatchOUT are made solely at the User's expense. Sending and receiving real-time updates to and from WatchOUT requires an online connection (e.g. Wi-Fi, 3G, 4G) between the Mobile Device and the Internet. The costs of such connection are set in accordance with the contract between the User and the communication service provider and the applicable payment terms .
4.
The Company does not take responsibility for false data provided by Users and indicated during Registration or when editing the data that was previously provided during Registration.
5.
The Company does not take responsibility for the data stored in WatchOUT, unless it receives an official notification or other reliable message about the unlawful nature of the stored data provided by the User to WatchOUT. In such a case, the Company will prevent access to these data by blocking access or removing it from WatchOUT, of which it will notify the User to whom the data relates.
6.
The Company, by transmitting data, ensures automatic and short-term indirect data storage in WatchOUT in order to speed up the re-access to them at the User's request, where:
6.1
it does not modify any data;
6.2
uses recognised and commonly used IT techniques in this type of activity, defining the technical parameters of data access and updating;
6.3
it does not interfere with the use of IT techniques recognized and usually applied in this type of activity in the field of collecting information or the use of collected data.
7.
The company, under the conditions set out in § 5 point 6, does not take responsibility for the stored data when it immediately deletes the data or prevents access to the stored data in the event of receiving a message that the data has been removed from the initial transmission source or access to them has been prevented, or when a court or other competent authority has ordered the deletion of data or the prevention of access to it.
8.
In justified cases, especially when the User's behaviour violate the law, ethics and decency or the provisions of the Regulations, the Company is allowed to :
8.1
admonish or give a warning to the User;
8.2
restrict the User's access to specific services;
8.3
suspend the User's Account for a specified period of time;
8.4
terminate the Agreement with the User immediately on the terms specified in § 8 of the Regulations and delete the User Account;
9.
The reason for the actions specified in § 5 sec. 5 of the Regulations may be any violation of the law, ethics and morality or the Regulations, which in particularly includes:
9.1
providing by the User incomplete or false User's data;
9.2
making the User Account available to other third parties;
9.3
completing multiple Registrations by the same User and setting up multiple Accounts;
9.4
violation of the User's terms of use specified in § 3 of the Regulations;
9.5
transmission of false information.
10.
The application of the sanctions specified in § 5 para. 5 of the Regulations depends on the decision of the Company, and the Company makes an assessment and selection based on the severity and scale of a given breach, with the proviso that the sanction referred to in § 5 sec. 5 pts may be used only under the conditions specified in § 8 of the Regulations.
11.
The Company also reserves the right to edit the content posted by the User, censor them, remove them if they violate the rules of the Regulations or the law.
12.
Failure of the User to comply with the principles set out in §3 of the Regulations may result in (at the Company's discretion) terminating User’s access to WatchOUT and may also expose the User to civil and / or criminal liability.
VI. PROTECTION OF PRIVACY
1.
The Company processes Users' data in accordance with applicable law and in accordance with the Privacy Policy, the content of which the User can read at [https://watchoutai.com/en/privacy-policy]. This document contains full information required by law which is related to the processing of personal data. Each User should read it in detail and accept it before using WatchOUT
2.
Users are allowed to gain access to personal data of other Users only in the cases provided for in the Regulations and only for the purposes related to the performance of WatchOUT. In other cases, the disclosure of data takes place with the prior consent of the data subject.
3.
The User is forbidden to disclose to third parties information about other Users that he received in connection with the use of WatchOUT. Disclosing data of other Users is possible only in an event when he has obtained prior consent from the User to whom the data relates. In particular, it is forbidden to use the information in question for commercial purposes, including, in particular, promotion of the activities of the User or third parties in any form.
VII. COMPLAINT PROCEDURE
1.
Users have the right to submit complaints regarding matters related to the concluded Agreement between the WatchOUT and User and related to the application functioning .
2.
Complaints may be submitted in writing, in the form of a registered letter to the address : [Smoleńsk 23/2, 31-108 Cracow, Poland] ,or through email sent on the following address: [[email protected]]
3.
The complaint should contain the following information in its content: name, surname and login of the reporting person, e-mail address for correspondence and a detailed description of the complaint. Applications not containing the above data will be left without consideration.
4.
Complaints will be considered by the Company within 30 days of their receipt. The answer will be sent to the User's email address .
5.
In a situation where the data or information provided in the complaint needs to be supplemented, the Company has the right to ask the person submitting the complaint to supplement the missing information before considering the complaint. The time of providing additional explanations extends the period of considering a given complaint specified in § 7 para. 4 of the Regulations.
VIII. CANCELLATION AND TERMINATION OF CONTRACT
1.
Within 14 days of the conclusion of the Agreement with the Company, the User may withdraw from it without giving reasons. It is possible to withdraw from the contract by sending a statement by registered mail to the address [Smoleńsk 23/2, 31-108 Cracow, Poland] or following email address: [[email protected]].
2.
The provision of services under WatchOUT is indefinite, subject to the following situations:
2.1
The User may terminate the Agreement at any time by sending a statement by registered mail to the address [Smoleńsk 23/2, 31-108 Cracow, Poland] or following email address: [[email protected]]. In the event of effective termination (understood as approval of the termination, which will be visible on the Account), the Agreement will be terminated after 7 days and after this period the User Account will be deleted. After the indicated deadline, logging in to the Account and using the services available in WatchOUT as part of the Account will not be possible.
2.2
The Company is allowed to terminate the Agreement concluded with the User regarding his Account at any time, of which it notifies the User by sending a message to the e-mail address previously provided by the User. In this case, the Agreement will be terminated after 7 days from the date of sending the information to the User. After this period the User Account will be deleted. After the indicated deadline, logging in to the User Account and using the services available on WatchOUT will not be possible.
2.3
The Company may terminate the Agreement concluded with the User immediately, in cases when the User violates the law, the provisions of the Regulations or other terms of use previously accepted by the User which are related to WatchOUT and the services provided by the Application. It can be done by sending the User a statement of termination of the Agreement to the e-mail address previously provided by the User.
3.
If the Agreement has been terminated on the basis of WatchOUT's decision, the User is not entitled to re-establish the User Account without the prior consent of the Company, even if Registration will be made with the use of different data.
4.
Deleting a User Account does not automatically delete all the content posted by the User on WatchOUT. In such cases, the history of a given User Account remains visible in WatchOUT, while the User's data remains anonymous, and the User appears as "deleted". This also applies to Accounts that the User has created or submitted for creation, which will still be visible in WatchOUT
IX. INTELLECTUAL PROPERTY
1.
All copyrights to WatchOUT, including the works published as part of WatchOUT within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (Polish Journal of Laws 1994 No. 24 item 83), logos or trademarks, are owned by the Company and are under the protection provided for in generally applicable laws.
2.
The User remains entitled to use the content indicated in § 9 para. 1 of the Regulations within the permitted private use stated by the law, i.e. in order to use all functions of WatchOUT. Any use exceeding the indicated scope requires the consent of the Company expressed in writing under pain of nullity.
IX. FINAL PROVISIONS
1.
The Regulations are available permanently on the WatchOUT website, as well as in the Application in the tab [more -> settings].
2.
In the event of a change to the Regulations, the Company will inform about it by sending information to the all Users email addresses. Amendments to the Regulations apply to Users within the period specified by the Company, which may not be shorter than 14 days from the date of posting information about changes in WatchOUT.
3.
If the User does not accept the changes, the User has a right to terminate the Agreement in accordance with §8 para. 2 of the Regulations.
4.
The law applicable to the Agreement for the settlement of any disputes between the User and the Company is Polish law.
5.
All disputes related to the services provided by the Company within the scope of WatchOUT will be settled by the competent Polish common courts competent for the placement of headquarters of the Company.
6.
A User who is also a consumer has the possibility of using an out-of-court method of considering Complaints and pursuing claims before a permanent consumer arbitration court, on the terms set out in the regulations of a given court. All necessary information about the rights of consumers, including the mode and procedures of dispute resolution, can be found at: http://ec.europa.eu/consumers/odr/.
7.
In all matters not covered by these Regulations, the provisions of generally applicable provisions of Polish law shall apply, in particular the provisions of the Act of April 23, 1964 Civil Code (Journal of Laws 1964 No. 16 item 93), the Act of February 4, 1994 on copyright and related rights (Journal of Laws 1994 No. 24 item 83) and the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144 item 1204) .
