ROUTIMO.COM SERVICE TERMS AND CONDITIONS

Valid from 21 September 2023 

§ 1

Definitions and introductory provisions 

  1. The definitions used in the Regulations should be understood as follows: 
    • Operator – Softline Sp. z o. o. with its registered office in Szczecin at ul. Rynek Sienny 4B, 70-542 in Szczecin, entered into the register of entrepreneurs of the National Court Register under the KRS number: 0000943979 in District Court, 17th Commercial Division of the National Court Register in Szczecin, share capital of PLN 650.000,00, NIP (Tax Identification Number): 852-23-22-215 and REGON (National Business Registry Number): 81232383200000. 
    • Terms of Use – these Routimo.com Terms of Service. 
    • System – an internet application called Routimo.com operated by the Operator under the terms and conditions set out in the Regulations. 
    • Service – access to the System is made available to the Client under the terms and conditions specified in these Regulations. 
    • Agreement - an agreement for the provision of the Routimo.com Service concluded between the Client and the Operator by accepting these Regulations at the time of setting up an Account and continuing the subscription in the event of a change in the Regulations.   
    • Klient – a legal person, an organizational unit without legal personality to which the law grants legal capacity, as well as a natural person conducting business activity, ordering the System Service.  
    • User – a natural person who is an employee or collaborator of the Client, who has a User Account in the System, authorized by the Client to use the System in accordance with the Regulations within the scope of performing his/her duties as part of the business activity conducted by the Client.  
    • User Account – individual access of a given User to the System, determined by the Login and Password.
    • Login – a unique name used to identify the User in the System. 
    • Password – a string of characters selected by the User, assigned to the User Account, required to access the System. 
    • Price list – a list of detailed services and their prices is available on the routimo.com website.  
    • Subscription Fee – the total monthly or annual fee specified in the Price List for access to the System for the scope of licenses and modules specified in the Agreement.  
    • Package – a set of functionalities and parameters of the Service specified in the Price List.  
    • Subscription Period – the period of the Client’s access to the System for which the Subscription Fee is paid. 
    • Trial – a period of 7 (seven) days indicated by the Operator, during which the operation of the User Account is made available to the User free of charge for testing purposes on limited functional principles specified in the Price List. 
    • Server Infrastructure - means the technical environment administered by the Operator on which the System runs. 
    • API - a service provided by the Operator to selected Clients, enabling the use of the System’s functionalities via API – web services.  
    • Ordinance - Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of the 95 / 46 / EC directive (General Data Protection Regulation) . 
    • processor – Operator entrusted with the processing of personal data under an entrustment agreement with the Client in accordance with the provisions of the Regulation.  
    • Data controller – The Client who, as an authority, organizational unit, entity or person, decides on the purposes and means of processing personal data. 
    • Data set - any structured set of personal data, accessible according to specific criteria, regardless of whether the set is dispersed or functionally fragmented. 
    • Data processing - any operations performed on personal data, such as collecting, recording, storing, developing, changing, making available and deleting, in particular those performed in IT systems, in accordance with the content of Art. 4, point 2) of the Regulation.  
    • Subprocessor - an entity to which the Processor has entrusted the processing of personal data, in whole or in part, as a consequence of the provision of the Service. 
    • Module – separate functionality of the Service that may be added to the Package for a Trial or Subscription Period in accordance with the Price List.
  2. These Regulations define the terms and conditions of provision of services to the Client by the Operator and the terms and conditions of use of the Software by the Client. 
  3. It is essential to familiarize yourself with the Regulations as an integral part of the Agreement between the parties. Any behavior of the Client and the Operator that is contrary to the content of the Regulations will result in consequences resulting directly from the content of the Regulations and from the applicable provisions of law. 
  4. Creating a Demo account and starting to use the Routimo.com Service is tantamount to confirming that the Client has read the Terms and Conditions and accepts their provisions. 

 § 2

General provisions 

  1. The Operator declares that, in accordance with the Act of 30 June 2000, the Industrial Property Law, it is the exclusive creator of the property protected by law without registration in the form of a computer program called Routimo.com, hereinafter referred to as the System. 
  2. The Operator reserves all copyrights and licenses not expressly transferred or granted by the Agreement. The rights granted under the Agreement are free from legal defects and third-party encumbrances.  
  3. The System and documentation made available to the Customer, located on any media or in the computer's RAM, are subject to a license and not sale, for use by the Customer solely under the terms of this Agreement. 
  4. Subject to the provisions of the Regulations, the Customer may not use the source code or any part thereof, copy, decompile, modify or develop any part or all of the System. 
  5. The Customer may not rent, lease, grant sublicenses (sublicenses) or in any other way make the System available to other entities, whether for a fee or free of charge. 
  6. The Operator grants the Customer a non-exclusive license to use the System within the framework of the Customer's business activity, without territorial restrictions, subject to the terms of the Agreement. 
  7. The graphic design, solutions applied, content layout and the concept of working with the System constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights and as such are protected by law. 
  8. The use of the System by the Client or other persons does not imply their acquisition of any rights to intangible property in the works made available. 
  9. It is prohibited to copy, modify or distribute the System in whole or in part, as well as to modify or use it in a manner other than that specified in the Regulations without the written consent of the Operator. 

§ 3

Technical requirements 

  1. The minimum technical requirements for using the System for the User's computer system are:  
    • Internet access: 1Mb connection
    • Processor: 1,2 GHz
    • Memory (RAM): 4 GB
    • Minimum resolution: 1280×800 
    • Operating system: Windows 7 or Mac OS X  
    • Internet browser: Google Chrome 14 or Mozilla Firefox 24 
  2. The Operator reserves the right to change the technical requirements of the system and the method of providing the Service, to which the Customer hereby consents. 
  3. The Operator shall not be liable for any technical problems or hardware limitations on the User's part that prevent the User from using the System or Services provided through it. 
  4. The Operator will make every effort to ensure that data transmission via the Internet when using the Service is secure, i.e. that the information sent is sent with due regard to the confidentiality, integrity and completeness of the data sent. 
  5. The Operator ensures the availability of the Service at the best possible level, aiming at 99% of the time per year, excluding the occurrence of technical interruptions in access to the Service in connection with planned maintenance work or work aimed at expanding the Server Infrastructure. 

§ 4

Obligations and liability of the Operator 

  1. As part of the Subscription Fee of the Agreement, the Operator grants the Customer a license to use the System under the terms and conditions specified in these Regulations. The license is granted solely for the duration of the Agreement. 
  2. The license allows for planning routes for a single physical vehicle. The start and end times of the vehicle routes cannot overlap. The total daily number of points on the vehicle routes cannot exceed the limits specified in the Package. Only a part of the originally approved points can be replaced for a route (default 30%, not less than 5). The Operator reserves the right to set an individual limit for selected Clients.
  3. The Operator is obliged to perform the activities that are the subject of the Regulations with due diligence, and to protect the Client's interests within the scope of the activities entrusted to it.  
  4. The Operator shall not be liable for any damages that may arise in the course of the Client's activity, directly or indirectly, as a result of his use of the System, or damages resulting from force majeure, including damages to the System resulting from such force majeure. The Operator's liability shall not include lost profits or indirect damages. 
  5. The Operator shall not be liable for failure to perform or improper performance of the Service, including those caused by: 
    • failure to meet the Technical Requirements necessary to use the Application, 
    • actions of third parties, 
    • reasons beyond the control of the Operator. 
  6. The Operator shall not be liable for any improper operation of the System if it results from improper use of the System by the Customer. 
  7. The Operator may deprive the User of the right to use the System, and may also limit his access to some or all of the System resources or Services offered by the Operator, with immediate effect, in the event of a breach of the Regulations by the User, and in particular when the User: 
    • through the Service, violates personal rights, in particular the personal rights of other Users;
    • drefrain from other behaviors that are inconsistent with applicable law or that are detrimental to the good name of the Operator; 
    • will use the System to plan routes for more vehicles than it has licenses for.

§ 5

Client's obligations and responsibilities 

  1. The customer undertakes to: 
    • Use the System in a manner that does not violate these Regulations and applicable laws, 
    • Provide the Operator with information and materials required to use the Service.
  2. The Client and the Client User undertake to: 
    • Using the System in a way that does not disrupt its operation, in particular through the use of specific software or devices, 
    • Use the System in accordance with the provisions of the Regulations and applicable law,  
    • Not providing or posting in the System any content prohibited by applicable law. 
  3. The Client undertakes to make timely payments to the Operator arising from the Agreement, the Regulations or separate agreements concluded by the Parties. 
  4. In the event that the Client uses the System API, the Client undertakes to use the API in a manner consistent with the law, the provisions of these Regulations, the API documentation and in accordance with the API usage guidelines provided by the Operator. When using the API, the Client may download, add, delete and edit data contained in the System, performing these actions at their own risk. In the event of incorrect use of the API, including its use in a way that generates unnecessary or excessive server load, the Client is obliged to introduce appropriate modifications in the manner of using the API, in accordance with the Operator's recommendations. Failure to introduce appropriate modifications despite a request sent electronically may result in the limitation or blocking of the possibility of using the API. 
  5. The Customer consents to all notifications, information or other messages from the Operator related to the provision of the Services being sent electronically to the Customer's e-mail address.  
  6. The Client undertakes not to infringe the Operator's intellectual property in the use of solutions unique to the Service. 
  7. The Client is responsible for testing the System for data security and compliance with legal requirements, including in the context of the GDPR. 

§ 6

Customer Support 

  1. The Operator will make every effort to ensure failure-free operation of the System at the Customer’s site. 
  2. The Operator undertakes to provide the Users of the Technical Support System with the Service, hereinafter referred to as Customer Support, aimed at removing errors or other technical problems in order to ensure its correct operation and technical assistance to the Customer during the use of the system. Customer support does not include solving problems unrelated to the functioning of the System.  
  3. As part of Customer Support, the System User may submit inquiries via the contact form in the System. 
  4. The Customer consents to the Operator's remote access to the resources of IT solutions related to the System by persons indicated by the Operator. 

§ 7

Fees and Packages 

  1. The use of individual Services provided by the Operator within the System is subject to payment, except for the Trial Period and the LITE package. The Client may use the Trial Period only once, unless the Operator decides otherwise.
  2. Detailed information on the Subscription Fees and the parameters of individual Packages can be found in the Price List available at routimo.com. 
  3. For the Service, the Customer undertakes to pay the Subscription Fee for the next Subscription Period (month or year) in advance in the amount specified in the Agreement or Price List starting from the date it comes into effect. The next Subscription Period is the next unpaid Subscription Period.
  4. The Subscription Fee may be paid in the Customer Panel of the app.routimo.com application via the electronic payment system Przelewy24 – PayPro SA ul. Kanclerska 15, 60-327 Poznań, or by traditional transfer based on an order downloaded from the Customer Panel of the application. In the case of electronic payments, the invoice is generated after the payment has been approved by Przelewy24. In the case of a traditional transfer, up to 3 days from the posting of funds to the Operator's bank account.  
  5. The customer can register a payment card in the Customer Panel. From the moment the card is registered, all payments will be made automatically using the registered card. The customer can remove the registered card in the Customer Panel at any time, which will disable automatic payments.
  6. If the Customer does not pay the Subscription Fee for the next Subscription Period, the account will be suspended on the day preceding the next Subscription Period. After this date, the Customer may pay the Subscription Fee, which will be charged for the period from the date of account suspension.
  7. In the case of payment with a registered card, the fee for the next Subscription Period is charged automatically 4 hours before the end of the Subscription Period. If the payment fails, three more attempts are made, each with an interval of at least 24 hours. Each unsuccessful attempt to collect the amount due for the next Subscription Period results in sending an email notification to the Customer. If all payment attempts fail, the account is suspended.
  8. The Client may change the Package and the number of licenses available within the selected Package at any time. The Client makes the changes in the application's Customer Panel. Changing the package to a higher one and increasing the number of licenses may be effective immediately (after the payment is approved by Przelewy24) or from the next Subscription Period. In the first case, the cost of changing the Package and licenses is calculated proportionally to the number of days left until the next Subscription Period. Changing the package to a lower one and reducing the number of licenses is effective from the next Subscription Period.
  9. The Client may activate an additional functional Module at any time. The range of available modules, prices and possible trial periods are available in the Modules tab of the Client Panel. The fees for Modules may depend on the number of licenses or for the entire account. The relevant information can be found in the description of the Module in the Client Panel.
  10. The Client may only use the Trial Period for a Module once. Disabling the Module before the end of the Trial Period is equivalent to ending the Trial Period.
  11. The Additional Module can be deactivated at any time, but it will remain active until the end of the paid Subscription Period.
  12. The LITE package is a free package that allows you to use the Service in a limited scope (including one permanent vehicle and project, no route history). The account with the selected LITE package is automatically extended for another Subscription Period the day before the end of the current Subscription Period.
  13. The LITE account can be deleted in the Customer Panel. At any time, the LITE account can be converted into a commercial account by selecting and paying for the selected configuration in the Customer Panel. The customer has the option to migrate from a commercial account to a LITE account at the end of the Subscription Period. However, they will then lose access to functionalities and data that are not available in the LITE package.
  14. The Operator reserves the right to change the Price List at any time. Any changes in the Subscription Fee Price List will be announced on the routimo.com website and will apply to the Customer only from the next Subscription Period. 
  15. If, based on separate arrangements, the Parties establish non-standard terms of cooperation in the scope of fees for using the Services provided within the System, changing, limiting or excluding the application of the Price List, the Agreement is concluded for a period of at least 12 months without the possibility of its termination before the expiry of that period.

§ 8

Data protection  

  1. As part of the provision of the Service, the Processor or entities authorized by it are entitled to collect and process data necessary to provide the Service. 
  2. Data collected by the Processor in connection with the performance of the Service constitutes confidential information and will not be disclosed by the Processor to other entities. 
  3. The Processor ensures that all measures necessary for the secure storage and archiving of data stored in the Application by the Administrator are taken. 
  4. The Processor ensures that access to the Application is possible only via an encrypted SSL connection, authorized by an appropriate certificate. 
  5. The Processor undertakes not to process data collected in connection with the Service provided for purposes other than: 
    • provision of the Service, 
    • making and restoring backups, 
    • test playback of backups to check their correctness, 
    • attempts to reproduce any errors and irregularities in the operation of the System reported by the Client, 
    • preparing statistical analyses aimed at improving the functioning of the System, developing it with new functionalities and publishing example methods of use and the results of the analyses carried out. 

§ 9

Entrusting data processing to the Operator 

  1. The Client declares that, in accordance with the provisions of the Regulation (Article 4, point 7), it is the Administrator of personal data entered into the System and made available to the Operator for the purpose of providing the Service and processes them in accordance with applicable law.  
  2. By expressing consent to the implementation of the Service and accepting these Regulations, the Client entrusts the Operator, as the Processor, with the processing of personal data entered by the Client into the System as part of the Service, including the personal data of their employees, collaborators and contractors made available to the Operator for the purpose of implementing the Service and for the duration thereof, in the scope of their collection, storage, downloading, viewing, recording, processing, sharing and deletion. 
  3. The scope of personal data of entities indicated in point 2 includes: identification data, address data, contact data, geographical coordinates, geolocation of vehicles, access codes to the property. 
  4. The Processor undertakes to keep confidential all information, data, materials, documents and personal data received from the Data Controller and persons cooperating with it. 
  5. The Processor is obliged to immediately notify the Data Controller of any incident, proceedings as well as any planned or implemented inspections concerning the processing of the provided personal data by the Processor, in particular those conducted by the Office for Personal Data Protection.  
  6. The Processor has the right to access all information from the Data Controller that has a direct impact on the security of personal data processing under the Agreement. 
  7. The Processor has the right to suspend or limit the processing of personal data under the Agreement if the Data Controller does not provide it with the necessary information on the method, scope and nature of the data being processed or if it delays in providing them. 
  8. The Processor provides sufficient guarantees to implement appropriate technical and organisational measures so that the processing will meet the requirements of the Regulation and protect the rights of data subjects. 
  9. The Processor guarantees that each person executing the Agreement on behalf of the Processor is obliged to ensure the confidentiality of personal data processed in connection with the performance of the Agreement indefinitely, and in particular not to transfer, disclose or make available such data to unauthorized persons. At the same time, each person executing the Agreement on behalf of the Processor is obliged to keep secret the methods of securing personal data used by the Processor. 
  10. The Processor undertakes to allow persons performing the Agreement to process personal data on behalf of the Processor. - informed and trained in the safety rules for working with personal data. 
  11. Each person performing the Agreement on behalf of the Processor is obliged to process the personal data to which they have obtained access only to the extent and for the purpose specified in the Agreement. 
  12. Each person performing the Agreement on behalf of the Processor is obligated not to cause any changes to data that are inconsistent with the Agreement or any loss, damage or destruction of such data. 
  13. Each person executing the Agreement on behalf of the Processor is obliged to work in the Client's systems using authentication. 
  14. The Processor undertakes to apply adequate protection of the entrusted data against unauthorised or unlawful processing (destruction, loss, modification, unauthorised disclosure or unauthorised access to personal data transmitted, stored or otherwise processed) and accidental loss, destruction or damage, using appropriate technical or organisational measures ("integrity and confidentiality"). 
  15. The Processor will apply security measures specified in Article 32 of the Regulation, and the implemented security measures must be adequate to the identified risks for the scope of entrusted data processing. 
  16. The Data Controller hereby consents to the sub-entrusting of the processing of personal data by the Processor to the Sub-processors indicated in the sub-items below: 
    • Subcontractors of the Processor who are natural persons and who personally provide services to the Processor, in particular those who provide services on the basis of a contract for services, a contract for specific work or another civil law contract, 
    • Members of the Processor's bodies, as well as its procurators or authorized representatives, 
    • Entities providing accounting and bookkeeping services to the Processor, 
    • Entities providing hosting services to the Processor.  
  17. Detailed data of the entities listed in the point above in sub-items ad may be made available to the Data Controller at its express request, provided that the Processor may refuse to provide personal data of natural persons if this would violate their rights or freedoms. 
  18. Entrusting data processing to Subprocessors not indicated in par. 9 point 16 ad requires prior notification of this fact to the Data Controller, thus giving the Data Controller the opportunity to object to such changes made no later than five days from the date of receipt of the notification. The notification may be made in particular in electronic form. In the absence of objection by the Data Controller, it is assumed that he has consented to the use of the Subprocessor. In the event of an objection, the Processor may not entrust the data to the Subprocessor to whom the objection relates - at the same time, the Processor will be entitled to terminate the Agreement in such a case, with immediate effect, and the Client will not be entitled to any compensation for this. 
  19. The sub-entrustment of processing by the Sub-processor requires written form. In the event of sub-entrustment, the Sub-processor will be subject to the same obligations as those resulting from this Agreement. The Processor is responsible for the actions of the Sub-processor as for its own actions. 
  20. The Processor is entitled to process the entrusted data until the date of expiry or termination of the Agreement. 
  21. Within 14 days of termination of the Agreement, the Processor is obliged to delete the entrusted data from all media, programs and applications, including their copies, or to return all personal data to the Data Controller, depending on the Data Controller's decision. 
  22. At the request of the Data Controller, the Processor will provide the Data Controller with all information necessary to demonstrate compliance with the obligations incumbent on the Processor and will enable the Data Controller or an auditor authorized by the Data Controller to conduct audits, including inspections, and cooperate in verification and corrective actions. 
  23. The Processor will assist the Data Controller in fulfilling the obligation to respond to the requests of the data subject in the scope of exercising his or her rights specified in Chapter III of the Regulation, as well as in ensuring the fulfillment of the obligations arising from Articles 32–36 of the Regulation. 

§ 10

Cookies 

  1. The Routimo.com website and the System use cookies stored in order to create website viewing statistics and to adapt the website content to the individual needs of the user. 
  2. The Operator uses cookies, which are small text information stored on the User's end device (e.g. computer, tablet, smartphone). Cookies can be read by the Operator's or other entities' IT system. 
  3. The Operator stores cookies on the User's end device and then gains access to the information contained therein for the following purposes: statistical, marketing and ensuring the proper operation of the Website, in particular maintaining the session after logging in and recognizing the User during the next session. 
  4. The Operator informs Users that it is possible to configure the web browser in such a way that prevents the storage of cookies on the User's end device. 
  5. The Operator indicates that cookies may be deleted by the User after they have been saved by the Operator, through: appropriate functions of the web browser, programs used for this purpose or using appropriate tools available within the operating system used by the User. 
  6. The Operator also informs Users that changing the configuration of the web browser, which prevents or limits the storage of cookies on the User's end device, may result in limitations in the functionality of the Services. Deleting cookies during the provision of the Service may lead to similar effects. This may result in the inability to log in to the Service or interrupting the session after logging in. 
  7. In accordance with the applicable provisions of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws No. 171, item 1800, as amended), the Data Administrator informs that the methods of using and deleting cookies are included in the instructions of the manufacturers of Internet browsers: 

§ 11

Higher power 

  1. The Parties shall be released from liability for failure to perform or improper performance of their obligations under the Agreement if this was the result of extraordinary and irreversible events beyond the control of the Parties, occurring after the Agreement entered into force and which the Parties could not have foreseen at the time of concluding the Agreement and which they could not have prevented, in particular: earthquakes, floods, fires, transport disasters, wars and war operations, state of emergency, general strikes.  
  2. If events of force majeure and their consequences last longer than 40 business days, each Party has the right to terminate this agreement with immediate effect by means of a unilateral declaration of intent in writing under penalty of nullity.  

§ 12

Suspension of services 

  1. If the Subscription Fee for the next Subscription Period is not paid, the account will be automatically suspended on the last day preceding the unpaid Subscription Period. A suspended account allows access to the Customer Panel.
  2. After one month from the suspension of the service, the account is blocked. Any unblocking is possible by contacting the Operator.
  3. After two months from the account being blocked, all project, point and vehicle data is permanently deleted.
  4. If the Customer decides to resume the suspended service, he or she will be obliged to pay the Operator the full amount of the Subscription Fee for the entire period of suspension or limitation of the Customer's access to the System.
  5. The provision of services resulting from the provisions of the Agreement or the Regulations will be resumed after all arrears have been credited to the Operator's bank account. 
  6. During the period of suspension of services under the Agreement, the Customer is not released from the obligation to pay Subscription Fees. 

§ 13

Complaints Policy 

  1. Any complaints related to the performance of this agreement should be reported by the Client to the Customer Service Office in Szczecin at ul. Rynek Sienny 4B, in writing, within 14 days of the event. Complaints submitted after this period will be left unanswered. 
  2. The complaint should include the Customer's data, User Account data, his/her login in the System, the time the problem occurred and a detailed description of the problem. 
  3. Complaints will be considered no later than within 30 calendar days.  
  4. The consideration of the complaint by the Operator is final. 
  5. If, as a result of the complaint, the Client could not use the Service in accordance with the Regulations, discounts and free periods of using the System are provided. The result of a positively considered complaint is not financial compensation.  
  6. It is possible that there will be a technical break in the Client's access to the Software. The Operator will make every effort to ensure that these breaks are not burdensome for the Client and the System Users and that they are as short as possible. However, breaks in the Client's access to the Software for technical reasons are not grounds for filing a complaint.  

§ 14

Miscellaneous 

  1. The Operator reserves the right to change the Regulations at any time. Until the new Regulations enter into force, the previous Regulations apply. The new Regulations enter into force on the effective date indicated in their content for all current Customers using the Service, except for Customers who ordered and activated the Service in the period between the publication of the new Regulations and the effective date indicated in their content - for these Customers, the new Regulations apply immediately. 
  2. In the event of changes to the Regulations and the Price List, the Client will be informed of the change introduced by sending information by e-mail to the address provided in the Agreement. 
  3. In matters not regulated by these Regulations, the provisions of Polish law shall apply, in particular the provisions of the Civil Code. 
  4. Any information provided by the Client to the Operator as suggestions for improvements or the introduction of new functionalities is voluntary and its provision to the Operator, unless the parties decide otherwise in separate agreements, means a waiver of rights to rights, licenses or shares in the benefits achieved through the use of the resulting improvements or new products. 
  5. The introduction of new functionalities to the System does not result in a change to the Regulations and does not require the Client's consent.  
  6. The invalidity of any provision of the Regulations does not cause the invalidity of the entire Regulations, but only results in the repeal of the invalid provision of the Regulations, which will be replaced by valid provisions that are closest to the intentions of the parties. 
  7. The Operator reserves the right to transfer part or all of the rights and obligations arising from the Regulations to a third party or to conclude subcontracts regarding them, to which the User has agreed by being bound by the Regulations. The User may not assign or waive the rights and obligations arising from the Agreement and the Regulations without the written consent of the Operator. 
  8. The Client and the Operator undertake, in accordance with good commercial practice and with mutual respect for the good name and image of the company and its representatives, to settle amicably all matters that could not be foreseen in the Regulations and, if necessary, to modify the content of the Agreement in writing by means of an annex. 
  9. The Client declares that he/she voluntarily and free of charge consents to the use of the company name and logo for marketing purposes, including by placing the logo on: the website, information brochures and the list of implementations and references.  
  10. During the term of the Agreement and for a period of 5 years from the date of its termination or expiration, the Parties are obliged to maintain the confidentiality of all data and information concerning the other Party obtained during the performance of this Agreement and to maintain the complete confidentiality of all data and copies thereof, in particular: 
    • Information containing a description of the company, its business strategy and financial condition, as well as any other material that will ever be received from the Party, directly or indirectly in connection with the performance of the agreement, 
    • Information provided, both in written and verbal form, regarding or in connection with any future enquiries or research conducted by the Site. 
  11. Any disputes that may arise from the implementation of the Service will be resolved by a common court having jurisdiction over the Operator's registered office.