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DEFINITIONS describing the basic terms used in the Terms and Conditions (bolded below and in the text of the Terms and Conditions):
1. GENERAL RULES
I. USING THE SMART CHECK-IN APP
In order to access all functionalities of the Smart Check-In App, the Client, having first confirmed that he/she meets the technical requirements set out in Section IV of the Regulations, must read and accept the Regulations.
The contract for the provision of electronic service under the name of the Smart Check-In App for a specified period of time is concluded when the Client makes use of any of the functionalities of the Smart Check-In App for the first time.
II. LIMITATIONS OF USE
The Client is entitled to benefit from the Smart Check-In App solely in a manner compliant with the provisions of the Regulations, binding provisions of law and with respect to any rights of third parties, and to the extent permitted by its functionalities available in the App at the given moment.
The Client may not in particular:
III TERMINATION
The Smart Check-In App
The contract for provision of the Smart Check-In App terminates by operation of law at the end of the specified period of time for which the third party has granted access to the Smart Check-In App to the Client.
Miscellaneous
Tedee is entitled to terminate the Smart Check-In App without any notice in the event of breach of Regulations by the Client.
Tedee is entitled to block access to the Client’s Smart Check-In App if the Client acts to the detriment of Tedee, i.e. Tedee is entitled to block access to the Client’s Smart Check-In App if the Client acts to the detriment of other Clients, violates the law or the provisions of the Regulations, and also if blocking access to the Client’s Smart Check-In App is justified by security reasons, in particular by a breach of the security of the Smart Check-In App or other hacking activities.
The blocking of access to the Client’s Smart Check-In App for the aforementioned reasons lasts for the period necessary to resolve the issue forming the basis for blocking access to the Client’s Smart Check- In App. Tedee shall notify the Client of the blocking of access to the Client’s Smart Check-In App by e- mail to the address provided by the Client to the third party.
The Client may electronically or by mail submit a complaint Tedee in relation to the use of the Smart Check-In App. The Client should include a description of the problem in the complaint notification. Tedee shall promptly, but not later than within 14 days, consider the complaint and respond to the Client.
IV. TECHNICAL REQUIREMENTS
To ensure full, uninterrupted functionality of the Smart Check-In App, the Client’s device must meet the following requirements:
In the event that the Smart Check-In App is installed under conditions that violate the above requirements, Tedee shall not be liable for any damage caused to the Client’s device or the software installed on it.
V. PAYMENTS
As of the effective date of this version of the Terms and Conditions, and for the entire duration of its duration in its current form, the Smart Check-In App (and all features available therein) is made available to the Clients free of charge, on an “as is” basis, which means that Clients may use the Smart Check-In App only to the extent and in the form currently made available by Tedee, at their own discretion and risk.
Consequently, as of today, the Regulations remain out of the scope of the Directive (EU) 2019/770 of the European Parliament and of the Council of May 20, 2019, on certain aspects of contracts for the supply of digital content and services.
VI. DATA ACCESS & SHARING
The data generated by Tedee devices and the rules for accessing, sharing, and using such data by the User, Tedee, and third parties are set out in the Tedee Data Access & Sharing, available at https://tedee.com/legal/device-generated-data-eu-data-act/. This document forms an integral part of these Regulations.
2. COMPLAINTS
The Client has the right to lodge a complaint regarding the functioning of the Smart Check-In App. Complaints may be submitted in an electronic form by sending an email to the following address: [email protected].
Complaints will be considered within 14 days. The Client shall be informed about the result of the complaint procedure by an email (sent back to the email address from which the complaint was lodged).
3. MISCELLANOUS
I. ACCESSIBILITY
Despite Tedee’s best efforts to ensure the Smart Check-In App’s optimal functionality, Tedee cannot completely eliminate the possibility of temporarily suspending its availability. Such suspensions may occur due to necessary maintenance, inspections, equipment replacement, or in relation to the Smart
Check-In App’s modernization or expansion requirements. The Client is not entitled to any remuneration/damages for such unavailability periods.
II. LIABILITY
Tedee shall not be liable for any damages arising from the fault of the Client or a third party, including in particular damages:
Tedee is not liable for disruptions, including interruptions in functioning of the Smart Check-In App due to force majeure, unlawful actions of its users or third parties or incompatibility of the Smart Check-In App with the Client’s technical infrastructure.
III. NO TRANSFER OF RIGHTS
Unless otherwise indicated, the contents of the Smart Check-In App, the data, including software, as well as its appearance, functional layout, content and graphic elements and databases, regardless of their nature, format and method of storage or presentation, are the exclusive property of Tedee.
No transfer, grant or license of rights under any patent or copyright or to any intellectual property, proprietary information and/or trade secret is made or is to be implied by these Regulations except as may be expressly stated otherwise herein.
IV. NO WARRANTY
Tedee makes no warranty and expressly disclaims all express and implied warranties with respect to the Smart Check-In App, any functionalities and services performed or provided by or via the Smart Check- In App including, without limitation, any warranties of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement, and disclaim all responsibility for the completeness, accuracy, availability, timeliness, security or reliability of the application, that the Smart Check-In App will meet the Client’s requirements or be available on an uninterrupted, secure or error free basis or that defects will be corrected.
To the extent not prohibited by law, in no event will Tedee or any of its officers, employees, agents, partners and licensors, be liable to the Client or anyone else for personal injury or any direct, indirect, incidental, special, exemplary, consequential, punitive, moral or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data, goodwill or other intangible losses) without regard to the form of action and whether in contract, tort, negligence, strict liability, or any other legal theory, arising out of or in connection with the Smart Check-In App , any functionalities, services or third party content, including content on or accessed through the Smart Check-In App or any application, website or document linked to, or any copying, displaying, or use thereof.
4. FINAL PROVISIONS
I. GOVERNING LAW
Any disputes related to the Regulations or legal relations described therein shall be governed by the laws of Poland and polish courts, unless unconditionally binding provisions of law stipulate otherwise.
II. COMPLETENESS
Should any of the provisions of the Regulations be amended or declared void by a decision of a competent authority or court, all other provisions of the Regulations shall remain in force and binding.
III. AMENDMENTS
Tedee has the right to modify the Smart Check-In App at any time and in any scope. Tedee also has the right to amend the Regulations, as needed. The Client shall be informed about any changes to the Regulations via a notification provided by email or directly within the Smart Check-In App.
IV. ENTRY INTO FORCE
The Regulations enter into force on June 1st, 2023.
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