TERMS AND CONDITIONS
These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) set forth the rules governing the use of the DriveLog365 mobile application, owned by LOGDRIVE Limited Liability Company, entered into the register of entrepreneurs of the National Court Register, maintained by the District Court Poznań–Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register, under KRS No. 0001204353, NIP 5951494642, REGON 543196480.
DEFINITIONS
For the purposes of these Terms and Conditions, the following capitalized terms, whether used in the singular or plural form, shall have the meanings set forth below:
Application – software owned by the Service Provider in the form of the DriveLog365 mobile application intended for Mobile Devices, available for download by the User via Google Play or the App Store, enabling access to the Services provided by the Service Provider;
Service Provider – LOGDRIVE Limited Liability Company, entered into the register of entrepreneurs of the National Court Register, maintained by the District Court Poznań–Nowe Miasto and Wilda in Poznań, IX Commercial Division of the National Court Register, under KRS No. 0001204353, NIP 5951494642, REGON 543196480;
User – any individual who uses the Services within the Application;
Administrator – a person responsible for the management, maintenance, and proper operation of the Application on Mobile Devices;
Consumer – a natural person using the Services within the Application for purposes not directly related to their business or professional activity;
Account – a fully activated, individual, and unique access account voluntarily created by the Client within the Application, in accordance with these Terms and Conditions, maintained under a unique name (login) and password, in which the data provided by the User are stored, enabling access to the resources and functionalities of the Application;
Mobile Device – a portable electronic device capable of accessing the Internet, including geolocation services, operating on the Google Android or Apple iOS operating system with an up-to-date version of the software;
Subscription – a type of paid Service provided by the Service Provider to the User, consisting of the continuous provision of services within a premium package following the completion of Recurring Payments.
Subscriber – a User who uses the Subscription;
Recurring Payments – a form of payment enabling regular charges to the User’s account on a recurring basis every 30 days via a payment card, without the need for the User to perform each transaction individually within the Payment Operator’s system;
Payment Operator – an entity responsible for processing Recurring Payments and other payment methods provided for under these Terms and Conditions;
Technical Maintenance Break – a temporary suspension by the Service Provider of access to the Application, in whole or in part, due to a failure or necessary maintenance, modernization, or redevelopment works, during which the use of the Application, in whole or in respect of selected Services, is not possible;
Privacy Policy – a separate document prepared by the Service Provider specifying in detail the rules for the processing of Users’ personal data within the Application;
Personal Data – information provided by the User and collected by the Service Provider, necessary for the use of the Application, constituting personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Civil Code – the Act of 23 April 1964 – the Civil Code;
Website – the Service Provider’s website available at: www.drivelog365.com
;
GENERAL PROVISIONS
§ 1
These Terms and Conditions set forth the conditions for the use of the Application, in particular the rights and obligations of the Users and the Service Provider.
The use of the Services within the Application requires:
a. the User to be at least 18 years of age;
b. downloading and installing the Application on the User’s Mobile Device;
c. access to a functioning and stable internet connection;
d. creating and activating an Account;
e. enabling geolocation services on the Mobile Device on which the Application is installed;
f. acceptance of these Terms and Conditions.
The User acknowledges that downloading and using the Services provided within the Application may result in additional charges imposed by third parties, including, in particular, telecommunications operators or internet service providers. The Service Provider shall not be liable for any such charges.
These Terms and Conditions shall apply to all Services available within the Application, unless otherwise provided by specific terms governing a given Service or by promotional terms.
These Terms and Conditions are available within the Application and on the Website in a form that enables their acquisition, reproduction, and storage, in particular by printing or saving them on a device or any other data storage medium.
The Service Provider shall also have the right to introduce changes to the content of the Application and the Services.
Prior to commencing use of the Application, the User shall be obliged to read these Terms and Conditions and the Privacy Policy and to accept them by selecting the appropriate checkboxes.
The Service Provider shall not charge any additional fees for communication with the User at a distance via technical devices and communication channels such as telephone, email, fax, or through the Application, as well as by any other means enabling such communication.
The User acknowledges that contacting the Service Provider at a distance may result in additional charges imposed by third parties whose services the User uses, including entities providing services enabling remote communication, such as telecommunications operators or internet service providers. The Service Provider shall not be liable for any such charges.
Full registration of an Account results in the conclusion of an agreement between the User and the Service Provider for the provision of electronic services consisting in maintaining the User’s Account by the Service Provider and providing other services referred to in these Terms and Conditions.
Such agreement shall be deemed concluded at the moment of confirmation of the Account registration in accordance with the provisions of these Terms and Conditions.
Immediately upon the conclusion of the agreement referred to in section 10, and upon completion of any applicable payment for services covered by the premium package, the Service Provider shall commence the provision of the services referred to in these Terms and Conditions.
The commencement of the provision of services shall consist in enabling the User to use the functionalities of the Application, whereas the scope of the services provided shall depend on the
package selected by the User and the completion of any required payment in the case of services included in the premium package.
The agreement referred to in section 10 may, at any time, be extended by the User to include paid services provided by the Service Provider, as specified in these Terms and Conditions.
In the case of Consumers, the agreement referred to in section 10 shall constitute a distance contract within the meaning of Article 2(1) of the Act of 30 May 2014 on Consumer Rights.
TECHNICAL REQUIREMENTS OF THE APPLICATION AND INFORMATION ON ITS MAIN FEATURES, PURPOSE, PRINCIPLES OF OPERATION AND SECURITY
§ 2
The Application may be used solely by Users who are at least 18 years of age.
The Application is intended to facilitate Users in performing paid work as well as preparatory activities related to the profession of a truck driver.
Full use of the functionalities and resources of the Application, including, in particular, the route encyclopedia, requires continuous access to a functioning and stable internet connection as well as geolocation services enabled on the Mobile Device through which the User accesses the Application. The Application may be downloaded from the Google Play Store or the App Store.
For its proper operation on a Mobile Device, the Application requires that such device operates on Android version 9 (API level 28) or later, or iOS version 10 or later.
Operating systems in the versions specified in the preceding sentence or newer shall ensure proper functioning of the Application (minimum requirements). The Service Provider shall not be liable for any improper functioning of the Application on devices that do not meet the requirements specified in the preceding sentence.
The technical protection measures implemented within the Application shall include:
a. encryption of data transmission using the SSL/TLS protocol;
b. the requirement to use a strong password for access to the Application;
c. restriction of access to Personal Data solely to authorized persons;
d. OAuth 2 authentication.
The proper functioning of the Application may depend on updating it on the Mobile Device. Failure to update the Application may result in the inability to use part or all of its functionalities.
The Service Provider shall inform the User about available updates to the Application.
Any update of the Application, of which the User has been informed, shall be deemed necessary for its proper functioning, which the User acknowledges and accepts.
The Service Provider shall not be liable for defects of the Application, including deficiencies or errors in its functionalities, if the User has failed to update the Application on the Mobile Device within a reasonable period of time. In case of doubt, a reasonable period shall be deemed to be 7 days. The User may receive push notifications displayed directly on the screen of the Mobile Device, consisting of short text or graphical messages.
Push notifications shall constitute short informational or marketing content, in particular relating to the Application, its updates, or amendments to these Terms and Conditions.
Such notifications may be delivered to the User on the screen of the Mobile Device both while the User is using the Application and while the Application is not in use, provided, however, that the delivery of notifications when the Application is not in use shall require the User’s prior consent expressed in the settings of the Mobile Device.
The Service Provider informs that, due to the public nature of the Internet, the use by the User of the services described in these Terms and Conditions may involve risks related to unauthorized access, acquisition, use, or modification of User data by third parties.
In view of the risks referred to in the preceding sentence, Users are advised to apply appropriate technical measures aimed at minimizing such risks (e.g. antivirus software and tools protecting the identity of Internet users).
The Service Provider shall never request the User to provide login credentials in any manner, nor shall it send any links other than those indicated within these Terms and Conditions.
SERVICES PROVIDED WITHIN THE APPLICATION
§ 3
The Service Provider shall provide electronic services free of charge and on a voluntary basis, consisting in:
a. enabling the creation of a User Account within the Application;
b. provision of social networking services;
c. adding and browsing loading and unloading locations;
d. recording working time;
e. creating notes and maintaining a daily work/events log; f. issuing invoices to the employer using the integrated KSeF system;
g. accessing information useful for the performance of professional duties;
h. sharing photos;
i. the ability to use a contact form relating to the Application;
j. using location data for loading and unloading points;
k. reviewing information regarding work progress, working time, and vehicle inspections;
l. the ability to send information directly to the employer in PDF format;
The User Account service shall consist in enabling the creation and maintenance of a User Account for a User who is at least 18 years of age and has downloaded and installed the Application.
The maintenance of the Account shall be free of charge for the first month of use. The Account shall store the data provided by the User, including, in particular, logs of working time, records of daily activities, notes concerning the course of the working day, vehicle inspection data, as well as invoicing information, where the User has chosen to provide such data.
The rules governing the Account service are set forth in these Terms and Conditions.
The functionality of the Application relating to social services referred to in § 3 section 1(b) and (c) shall consist in sharing and presenting loading and unloading locations with other Users:
a. submitted locations shall be verified by the Administrator through confirmation of their factual accuracy;
b. other Users may introduce changes or update data by adding new information, subject to approval by the Administrator.
The functionality of the Application referred to in § 3 section 1(d) shall consist in recording and calculating working time, driving time, and mandatory breaks applicable to professional drivers:
a. the driver shall enter data based on readings from the tachograph.
The functionality of the Application referred to in § 3 section 1(e) shall consist in recording events and activities during work, including storing receipts.
The functionality of the Application referred to in § 3 section 1(f) shall consist in enabling the User to issue invoices to their employer using the integrated KSeF system, following login to the Application.
The functionality of the Application referred to in § 3 section 1(g) shall consist in providing information supporting the daily performance of professional duties, with such information aggregated in one place. f. issuing invoices to the employer using the integrated KSeF system;
g. accessing information useful for the performance of professional duties;
h. sharing photos;
i. the ability to use a contact form relating to the Application;
j. using location data for loading and unloading points;
k. reviewing information regarding work progress, working time, and vehicle inspections;
l. the ability to send information directly to the employer in PDF format;
THE USER’S ACCOUNT
§4
The User Account service shall consist in enabling the creation and maintenance of a User Account for a User who is at least 18 years of age and has downloaded and installed the Application.
The maintenance of the Account shall be free of charge for the first month of use. The Account shall store the data provided by the User, including, in particular, logs of working time, records of daily activities, notes concerning the course of the working day, vehicle inspection data, as well as invoicing information, where the User has chosen to provide such data.
The rules governing the Account service are set forth in these Terms and Conditions.
The functionality of the Application relating to social services referred to in § 3 section 1(b) and (c) shall consist in sharing and presenting loading and unloading locations with other Users:
a. submitted locations shall be verified by the Administrator through confirmation of their factual accuracy;
b. other Users may introduce changes or update data by adding new information, subject to approval by the Administrator.
The functionality of the Application referred to in § 3 section 1(d) shall consist in recording and calculating working time, driving time, and mandatory breaks applicable to professional drivers:
a. the driver shall enter data based on readings from the tachograph.
The functionality of the Application referred to in § 3 section 1(e) shall consist in recording events and activities during work, including storing receipts.
The functionality of the Application referred to in § 3 section 1(f) shall consist in enabling the User to issue invoices to their employer using the integrated KSeF system, following login to the Application.
The functionality of the Application referred to in § 3 section 1(g) shall consist in providing information supporting the daily performance of professional duties, with such information aggregated in one place. After that period, payment shall be required in order to maintain continued access to all functionalities.
The resources of the Application available to Users shall be identical for all Users, as only one type of Account is available.
The functionalities shall remain identical regardless of the selected payment frequency plan.
There shall be one method of Account registration – via the Application on a Mobile Device.
Registration via the Website shall redirect the User to the mobile Application in order to create an Account.
The User may also register an Account using an email address or via services provided by a mobile network operator / SMS code.
The default method of Account registration and use of the Application resources shall be via the Application on a Mobile Device.
Registration of an Account within the Application shall require the User to provide the following data:
a. full name (required);
b. email address (required);
c. phone number (optional);
d. username (required);
e. account password (required);
f. profile picture (optional);
Registration of an Account within the Application shall be completed by:
a. completing the above data in the registration form available via the Application or the Website;
b. reading and accepting these Terms and Conditions;
c. submitting the required mandatory declarations, including a declaration of acceptance of these Terms and Conditions and acknowledgment of the Privacy Policy, as well as any optional consents by selecting the appropriate checkboxes;
d. confirming the registration of the Account by clicking the activation link sent by the Service Provider to the email address provided by the User during registration, or by entering into the Application an access code consisting of digits sent by the Service Provider via email or SMS;
By registering an Account, the User shall consent to the automatic completion of Account data based on the information provided and declarations made by the User. The User shall be entitled to modify such automatically completed data at any time.
The User shall have the right, at any time, to delete the Account and request the deletion of their Personal Data.
The User shall have the right to submit complaints regarding the Account in accordance with the provisions set forth in these Terms and Conditions.
Following registration of the Account, the Service Provider shall provide the User with confirmation of the conclusion of the agreement, at its discretion, either in paper form or in electronic form, in accordance with these Terms and Conditions.
The User hereby consents to receiving confirmation of the conclusion of the agreement in electronic form via email or through the Application.
In the same manner, the Service Provider shall confirm to the Consumer the receipt of consent for the delivery of digital content in circumstances resulting in the loss of the right of withdrawal.
PACKAGES, PRICING, SUBSCRIPTION
§ 5
A User holding an Account within the Application may purchase a package of services provided by the Service Provider. The Service Provider offers the following package within the Application:
a. Premium.
The Premium package shall constitute an optional, voluntary, and paid package available after a one-month free access period enabling the use of all functionalities of the Application.
The package referred to in the preceding sentence shall guarantee the User access to the services specified in these Terms and Conditions.
3a. The price of the Premium package for Android systems shall be as follows:
40 PLN;
/11 GBP (United Kingdom);
/12 EUR (European Union);
/14 USD (United States);
or the equivalent amount in other currencies not specified in these Terms and Conditions;
gross per each Billing Period. The payment shall be charged on a recurring basis, defined as every 30 days. The price referred to in the preceding sentence shall be payable in advance.
4a. It shall also be possible to make payment on an annual basis, meaning that the Billing Period shall be 365 days, in which case the price of the Premium package for Android systems shall be as follows:
400 PLN;
/109.99 GBP (United Kingdom);
/119.99 EUR (European Union);
/139.99 USD (United States);
3b. The price of the Premium package for iOS systems shall be as follows:
44 PLN;
/12.49 GBP (United Kingdom);
/13.49 EUR (European Union);
/15.49 USD (United States);
or the equivalent amount in other currencies not specified in these Terms and Conditions;
gross per each Billing Period. The payment shall be charged on a recurring basis, defined as every 30 days. The price referred to in the preceding sentence shall be payable in advance.
4b. It shall also be possible to make payment on an annual basis, meaning that the Billing Period shall be 365 days, in which case the price of the Premium package for iOS systems shall be as follows:
440 PLN;
/120.99 GBP (United Kingdom);
/131.99 EUR (European Union);
/153.99 USD (United States);
Activation of the Premium package shall require:
a. activation of the Premium package by the User within the Application through the payment of the applicable fee;
b. completion of the payment in accordance with these Terms and Conditions.
During the ordering process, the User may choose between a one-time payment and activation of a Subscription. Activation of the Subscription shall take effect upon the first successful charge of the payment card.
In order to activate the use of the Premium package:
a. the User shall be required to make a one-time payment via the Payment Operator; or
b. where the User elects to activate the Premium package in the form of a Subscription, the User shall be required to possess a payment card accepted by the Payment Operator for the purpose of making Recurring Payments, whereby detailed technical requirements concerning the types of accepted payment cards may depend on the guidelines of the Payment Operator.
When making payments by any of the methods specified above, the User shall be obliged to review and accept the payment terms of the Payment Operator.
By purchasing the Premium package in the form of a Subscription, the User shall consent to regular charges to their payment card every 30 days, in accordance with the offer accepted by the User.
Within the framework of Recurring Payments, the User may save payment card details via the Stripe Payment Operator. Payment card details shall be stored by the Payment Operator responsible for processing the payments.
The User may have only one active Subscription. The User shall manage the Premium package in the form of a Subscription via the Application (dedicated subscription panel).
Within the subscription panel, the User shall, in particular, have the ability to:
a. Obtain information regarding the composition and price of the most recent and upcoming order (subscription history);
b. Obtain information regarding the amount of discounts granted;
c. Obtain information regarding the payment due date;
d. Change the delivery address;
e. Change the payment card;
f. Cancel the Subscription.
The User shall be informed each time of the effects of any changes made to the Premium package in the form of a Subscription via email.
During the period of use of the Premium package in the form of a Subscription, the User shall be obliged to maintain a valid payment card designated for Recurring Payments and to ensure sufficient funds necessary for their execution.
In the event of refusal of authorization or cancellation of a Recurring Payment, the Service Provider shall retry charging the payment card after 1 and 3 days from the date of the first attempt. Following the second unsuccessful attempt, the Premium package in the form of a Subscription shall expire.
The Subscription shall be concluded for an indefinite period from the moment of its activation until its cancellation by the User or its expiration.
Subscription orders shall be renewed automatically every 30 days.
The Subscription may be cancelled at any time via the Application and the dedicated subscription panel. Cancellation of the Subscription shall not constitute termination of the agreement.
Cancellation of the Subscription shall result in the deactivation of the Premium package as of the next Billing Period, i.e. from the date of renewal of the Subscription and payment, and in the transition to a version of the Application without functionalities.
The Subscription shall expire automatically in the event of two unsuccessful attempts to charge the payment card, failure of another payment method, or in the event of termination or deletion of the Account.
The Service Provider shall provide the User with all billing information regarding purchased packages via email.
USER RIGHTS AND OBLIGATIONS
§ 6
The User shall be obliged to use the Application in such a manner as to prevent unauthorized persons from gaining access to its resources, in particular persons who do not hold an Account.
By creating an Account and accepting these Terms and Conditions, the User undertakes to take all necessary actions to prevent persons under the age of 16 from accessing the content available within the Application via the User’s Account on the Website or within the Mobile Device.
The User, within the Account created, shall have access to all functionalities of the Application within the scope of the Premium package selected by the User. Access to content and functionalities shall be determined each time by the selected type of package and shall result from these Terms and Conditions.
The User acknowledges that the Service Provider shall not be liable for any damages arising from the use of the Application, including, in particular, bodily injury or property damage, as well as other material or non-material damages.
It shall be prohibited to place within the Application any content (regardless of its form) that is:
a. inconsistent with generally applicable law;
b. offensive;
c. discriminatory;
d. of a racist, xenophobic, chauvinistic, sexist, or transphobic nature.
e. inciting hatred or having any similar character;
f. promoting or depicting violence, harassment, or any other form of abuse;
g. of a vulgar, obscene, erotic, pornographic, or defamatory nature.
It shall also be prohibited to place within the Application any content of a promotional or advertising nature, as well as content relating to business activities conducted by the User outside the Application.
Unless expressly stated otherwise in these Terms and Conditions or unless permitted under applicable law, the User undertakes to:
a. not make the Application or any content created using it available to persons under the age of 16;
b. not remove any trademarks or information regarding copyrights or other rights to intellectual property contained within the Application and its resources;
c. not reproduce, correct, modify, or otherwise alter, in whole or in part, the resources of the Application, nor merge or incorporate the Application or any part thereof into other software;
d. not obtain or attempt to obtain unauthorized access to the resources of the Application, nor interfere with its proper functioning;
e. not decompile, disassemble, or create derivative works based on the content of the Application or use its content in any manner contrary to its intended purpose;
f. not distribute, license, lease, rent, sell, resell, publish, display, perform, transmit, or otherwise exploit the resources of the Application in any manner;
g. not transfer or make available the resources of the Application, in whole or in part (including source code and object code), in any form to any third party without the prior written consent of the Service Provider;
h. not impersonate any person or entity, not submit false statements, nor otherwise misrepresent any affiliation with any natural or legal person.
i. not use the resources of the Application or any part thereof in a manner prohibited by law or inconsistent with these Terms and Conditions, including, in particular, by transmitting harmful code, viruses, or malicious software to the Application (or to websites containing links to the Application), or to any operating systems;
j. not infringe the intellectual property rights of the Service Provider or the rights of third parties in connection with access to or use of the resources of the Application;
k. not collect data of other Users, not obtain access to the resources of the Application or the systems of the Service Provider or third parties by means of automated tools (e.g. bots), nor perform data processing on servers or systems used by the Application;
l. not create, operate, or use any software, devices, bots, or other tools or processes (including data scraping tools, plugins, or additional software) to collect data from the Application or otherwise copy user profiles or other data from the Application;
m. not use the resources of the Application for purposes other than those provided for, without the prior consent of the Service Provider;
n. not obtain login data, access to accounts belonging to other Users;
o. not attempt to, facilitate, or encourage others to violate the provisions of these Terms and Conditions;
p. not use the resources of the Application in a manner that could damage, disable, overload, disrupt, or otherwise interfere with the functioning of the Application or the systems of the Service Provider or third parties, including disrupting the operation of other Users or computer systems, hacking, or gaining unauthorized access to the Application or data of third parties;
q. not take any actions that may be deemed analogous to the activities specified above.
In the event of a breach of these Terms and Conditions by the User resulting in damage, the User shall be liable to the Service Provider, affiliated entities, contractors, and licensors for any damage arising from such breach.
RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
§ 7
The Service Provider shall make every effort to ensure that the Application operates 24 hours a day, 7 days a week. This shall not exclude the Service Provider’s right to introduce necessary Technical Maintenance Breaks. The Service Provider shall inform Users of the Application of any planned Technical Maintenance Breaks.
The Service Provider shall not be liable for content transmitted by Users via the Application.
The Service Provider reserves the right to temporarily or permanently block a User’s Account in the event of a reasonable suspicion that the User is transmitting content via the Application that is contrary to applicable law within the territory of the Republic of Poland or contrary to the provisions of these Terms and Conditions, in particular content that violates the principles set forth herein.
The Service Provider shall be entitled to block access to the Application temporarily or permanently in the event of:
a. receipt of an official notification or reliable information regarding the unlawful nature of the transmitted content;
b. breach by the User of the provisions of these Terms and Conditions, in particular those set forth in § 6.
In the event of blocking a User’s Account, whether temporary or permanent, the Service Provider shall be obliged to promptly notify the User whose Account is affected.
In the cases referred to in the preceding paragraphs, the Service Provider shall not be liable for any damage incurred by the User as a result of the lack of access to data stored, obtained, or made available within the Account in the Application. The Service Provider shall not be liable for the consequences of using the Application while driving or performing other tasks related to the work of a professional driver, including any damage or injury to:
a. vehicles (the User’s or any other vehicles involved);
b. the User or other persons involved in an incident.
In performing the agreement, the Service Provider shall act with due diligence and professionalism. The Service Provider shall not provide any warranties or guarantees regarding the Application or the Services, and in particular shall not guarantee that:
a. the use of the Application and the Services by the User will be uninterrupted and free of errors;
b. the use of the Application by the User will produce results that meet the User’s expectations;
c. the Application and the Services will be free from any losses, damages, attacks, viruses, disruptions, failures, hacking, or other violations, including those resulting from force majeure, whereby the Service Provider hereby excludes any liability in this respect.
The Service Provider shall not be liable for any damages caused by incorrect information provided by the User in connection with the Services offered within the Application, including, in particular, incorrect or unlawful use thereof.
Nothing in these Terms and Conditions shall exclude or limit the liability of the Service Provider for damage caused intentionally, including bodily injury resulting from actions of the Service Provider.
In order to obtain access to data stored on a blocked Account, please send a request via email to: contact@drivelog365.com
RIGHT OF WITHDRAWAL FROM THE AGREEMENT
§ 8
In the event that the User commences use of the Application within the Premium package (i.e. where the Service Provider provides the User with access to all functionalities of the Application after the free trial period), it shall be understood that: that the User has requested the Service Provider to commence the provision of the service immediately and thereby loses the right of withdrawal from the agreement within the meaning of Article 38(1)(13) of the Act of 30 May 2014 on Consumer Rights.
The Consumer shall, however, retain the right to submit complaints or terminate the agreement, as further specified in these Terms and Conditions.
PROVISIONS APPLICABLE TO USERS WHO ARE NOT CONSUMERS
§ 9
With respect to Users who are not Consumers and entrepreneurs to whom the provisions relating to consumer rights do not apply, in accordance with Article 558 § 1 of the Civil Code, the liability of the Service Provider under the warranty for defects (Product warranty) shall be excluded, to which the User hereby consents.
COMPLAINTS
§ 10
The User may submit a complaint regarding non-compliance of services provided electronically by the Service Provider via the Application in the following form:
a. electronically to the email address: contact@drivelog365.com
Non-compliance of the service with the agreement may occur, in particular, if:
a. its description, type, quantity, quality, completeness, functionality, compatibility, interoperability, or availability of technical support and updates is inconsistent with these Terms and Conditions;
b. it is not suitable for the purpose specified in these Terms and Conditions, including where it is not fit for use in accordance with its intended purpose.
c. it does not conform to the statements made by the Service Provider prior to the conclusion of the agreement.
Complaints should include a detailed description of the event or problem forming the basis of the complaint, a proposed method of resolution, and contact details enabling the Service Provider to respond. Providing the above information will facilitate and expedite the processing of the complaint by the Service Provider. The Service Provider reserves that the absence of the above information may affect the effectiveness of the complaint, unless its consideration is objectively possible.
The Service Provider shall respond to the complaint submitted by the User and inform the User of the manner of its resolution within 14 (fourteen) days from the date of its receipt.
If the User who is a Consumer requests replacement or removal of a defect, or submits a statement on price reduction specifying the amount by which the price is to be reduced, and the Service Provider fails to respond to such request within 14 days, such request shall be deemed justified.
The performance of these Terms and Conditions and the provision of Services shall not involve the granting of any warranty whatsoever by the Service Provider.
TERMINATION OF THE AGREEMENT
§ 11
The User may terminate the agreement concluded with the Service Provider at any time. Termination shall be effected by submitting a request to close the Account within the Application. The notice period shall be 7 days.
Closure of the User’s Account with an active Premium Subscription prior to the expiry of the Billing Period shall result in the loss of all subscription functionalities.
During the notice period, the User may at any time withdraw the request to close the Account by logging back into the Application, which shall restore the status existing prior to the submission of the termination request. The Service Provider may terminate the agreement with the User with immediate effect or suspend the provision of services with immediate effect in the event of a material breach of these Terms and Conditions by the User.
The Service Provider may terminate the agreement with 30 (thirty) days’ notice, specifying the reason for termination. In the case of Users using the Premium package, the termination shall take effect no earlier than at the end of the current Billing Period.
The Service Provider may terminate the agreement with a User who is not a Consumer with immediate effect and without stating a reason.
The Service Provider shall not be liable for any damages arising from termination of the agreement in accordance with the provisions of these Terms and Conditions.
In the event of a breach of generally accepted principles of social conduct by other Users, including rules of culture and personal conduct, the Service Provider may temporarily suspend such User’s Account for a period of 14 days. During this period, the User shall have the right to appeal against such decision. In the event of a negative outcome of the appeal, the Account shall be suspended.
AMENDMENTS TO THE TERMS AND CONDITIONS
§ 12
The Service Provider reserves the right to amend these Terms and Conditions for important reasons, which shall include, in particular:
changes aimed at improving the quality of the Services provided or increasing the security of Users;
technical changes related to the functioning of the Application;
changes in applicable law;
changes in the methods, scope, or rules of providing Services, including those related to payment methods and rules;
changes in the functionalities or resources of the Application;
the necessity to adapt the content of these Terms and Conditions to currently applicable or upcoming legal provisions;
the necessity to adapt these Terms and Conditions to decisions, rulings, or administrative acts issued by competent authorities;
the necessity to adapt these Terms and Conditions to changing market conditions.
In the event of amendments to these Terms and Conditions, each User shall be informed of such amendments and their content prior to the effective date of the changes through:
a. publication of information regarding such amendments on the Website or within the Application; b. sending the relevant information to the User’s email address.
Pursuant to these Terms and Conditions, agreements of a continuous nature (e.g. Subscription agreements) shall bind the User if the User has been properly informed of the amendments and has not terminated the agreement within 30 days from the date of notification of such amendments. In the event of amendments to these Terms and Conditions, the User shall be entitled to terminate the agreement without incurring any fees, subject to maintaining the notice period, without stating any reason, within 30 days from the date of notification.
In the event that the User does not accept the amendments to these Terms and Conditions, the User may terminate the agreement with effect no later than the day preceding the effective date of such amendments. If the User does not terminate the agreement prior to the effective date of the amendments, it shall be deemed that the User has accepted such amendments.
Amendments to these Terms and Conditions shall enter into force on the date specified in the information regarding such amendments, which shall not be earlier than 30 days from the date of their announcement.
Notwithstanding the provisions set forth above, the Service Provider may introduce changes to these Terms and Conditions without observing the 30-day notice period if such changes are of a technical or editorial nature, do not affect the rights or obligations of Users, or constitute corrections of obvious errors.
INTELLECTUAL PROPERTY RIGHTS
§ 13
All intellectual property rights to the Website, the Application, and all content made available therein, including, in particular, texts, graphics, logos, icons, images, audio files, video files, data files, software, navigation solutions, and the arrangement and presentation of content within the Website or the Application, shall belong to the Service Provider or entities cooperating with the Service Provider and shall be protected under applicable law. Any elements of the Website or the Application, including all data contained therein, including source codes, shall be protected by intellectual property rights (including copyrights, trademark rights, and other exclusive rights) vested in the Service Provider or entities with which the Service Provider has concluded agreements regarding the use of such content for the purposes of operating the Website or the Application.
No part of the Website or the Application, nor any content contained therein, may be reproduced, distributed, made available, or otherwise used, including for commercial purposes, without the prior written consent of the Service Provider.
By using the Website or the Application, the User does not acquire any intellectual property rights thereto, including, in particular, copyrights to the Website or the Application or any part thereof. Subject to the acceptance of these Terms and Conditions, the Service Provider grants the User a non-exclusive license to use the Application in accordance with its intended purpose and functionalities, as specified in these Terms and Conditions and applicable law, without territorial limitations, within the scope of permitted personal use.
PERSONAL DATA PROTECTION
§ 14
The controller of personal data, within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), shall be the Service Provider.
By accepting these Terms and Conditions, the User declares that they have read the information clause of the Service Provider.
The full content of the Service Provider’s information clause is available at: www.drivelog365.com
FINAL PROVISIONS
§ 15
The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. These Terms and Conditions shall not exclude or limit the rights of Consumers granted to them under mandatory provisions of law. In the event of a conflict between the provisions of these Terms and Conditions and mandatory provisions of law, the latter shall prevail.
In matters not regulated by these Terms and Conditions, the provisions of generally applicable law shall apply.
In the event of any dispute arising out of the agreement, the User and the Service Provider shall first seek to resolve such dispute amicably. If the parties fail to reach an agreement, the dispute shall be submitted to the competent court of general jurisdiction.
In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (the ODR Regulation), the Service Provider indicates the electronic platform for online dispute resolution (ODR), which facilitates independent, impartial, transparent, effective, fast, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts concluded between consumers and traders within the European Union. The ODR platform is available at: http://ec.europa.eu/odr/
Detailed information regarding the possibility for Consumers to use out-of-court complaint handling and redress mechanisms, as well as the rules for access to such procedures, is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodeship Inspectorates of the Trade Inspection, and on the website of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/
.
For the resolution of any disputes between the Service Provider and Users who are not Consumers, or in cases where, pursuant to these Terms and Conditions or applicable law, provisions concerning Consumers do not apply, the provisions of law applicable to the Service Provider shall apply. The court having jurisdiction shall be determined based on the registered office of the Service Provider. In the event of any disputes between the Service Provider and a Consumer, the competent jurisdiction shall be determined in accordance with generally applicable provisions of law.
Unless otherwise provided in these Terms and Conditions, the User may submit any statements, inquiries, or requests regarding the operation of the Application and its Services, including, in particular, notifications, questions, requests, complaints, or claims:
a. in electronic form to the email address: contact@drivelog365.com;
b. via the contact form available on the website: www.drivelog365.com.
These Terms and Conditions shall enter into force on 13 April 2026.