§ 1. General provisions

 

The Rules and Regulations define the rules for the provision of VIVED services on the vived.io Platform. VIVED services are provided for IT industry professionals.

 

§ 2. Definitions

 

1. Whenever these Rules and Regulations refer to:
   
   A. Rules and Regulations – this means the present Rules and Regulations of VIVED Services; B. Service Provider – this means Virtus Lab Sp. z o.o. with its registered office in Rzeszów (35-211), ul. Zofii Nałkowskiej 23, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number: 00003409785, with a share capital of PLN 10,000, NIP (Tax Identification Number): 517031965, REGON (National Business Registry Number): 180526627. Users may contact the Service Provider at the following e-mail address: info@vived.io
   C. User – this means a natural person with full legal capacity and a natural person who does not have full capacity to perform acts in law if they may enter into the Agreement in accordance with the applicable provisions of law. The User may be a Consumer;
   D. Consumer - this means a natural person who performs acts in law not directly related to their business or professional activity;
   E. Agreement – this means the User’s Agreement;
   F. User’s Agreement – this means an agreement concluded in an electronic form between the Service Provider and the User on the Platform the subject matter of which is the provision of the User's Services free of charge; 
   G. Services – this means the User’s Services;
   H. User’s Services – this means services for IT professionals provided by electronic means, consisting in enabling the Registered User to use the pages and functionalities of the Platform, in accordance with the Rules and Regulations, including the following services:
   - maintaining the Account;
   - storing the User’s data collected on the Account;
   - enabling the User to modify the User’s data collected on the Account;
   - providing the User with information about the labour market in IT, including analyses and reports tailored to their profile;
   - providing the User with links to technical publications adapted to the User’s profile.
   I. Platform – this means an online Platform available through the telecommunications network, located at vived.io, through which the Services are provided, including the domain "vived.io" and its subdomains used and managed by the Service Provider;
   J. Account – this means a set of resources and rights assigned to the User as part of the Platform, including in particular those enabling the management of the Registered User’s Services, changes in the User’s Services and the resignation from the User’s Services;
   K. Information – this means all data and information entered into the Platform or sent via the Platform;
   L. Force Majeure – this means an external event beyond the control of the Party that cannot be foreseen and prevented even with due diligence;
   M. GDPR – this means 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.
   N. All the terms defined in the Rules and Regulations and capitalised shall have the same meaning in the entire Rules and Regulations, regardless of their inflectional form or grammatical number.

 

§ 3. General rules for the provision of the Services
 

1. The Service Provider provides the User’s Services by electronic means, remotely, in accordance with the Rules and Regulations. 
2. The Rules and Regulations constitute an integral part of the Agreement. The Appendices referred to in the Rules and Regulations constitute an integral part of the Rules and Regulations.
3. The Users are obliged to comply with the Rules and Regulations.
4. The User’s Agreement is concluded for an indefinite period of time.
5. The conclusion of the User’s Agreement takes place once the registration process has been successfully completed on the Platform. The termination of the User’s Agreement shall take place at any time upon the User’s deletion of the Account. The User’s Agreement shall be concluded upon the commencement of use of the Services if the provision of Services does not require the Account registration. The termination of the User’s Agreement takes place at any time, in particular by deleting Cookies and ceasing to use the Services if the provision of Services does not require the Account registration. Notwithstanding the above the Agreement may be terminated also on the terms and conditions specified in the Rules and Regulations.
6. The termination of the User’s Agreement results in the deactivation of the User’s Services.
7. The Service Provider may suspend the provision of the Services, in whole or in part, in particular if the User:
   A. violates the mandatory provisions of law;
   B. violates the provisions of the Rules and Regulations;
   C. violates the provisions of the Agreement;
   D. in the case of carrying out repair, maintenance or modernisation works. The Service Provider shall inform the Service Provider of any planned break in advance;
   E. in the event of a breach of the security of the Service Provider's, User’s or third parties’ resources.
8. The Agreement shall be terminated with immediate effect in the case of termination of the activity of the Service Provider, as well as in the case of closing the Platform, withdrawal, limitation, expiry or change of rights or conditions necessary for the provision of the Services, or the User’s demand to cease the processing of personal data, unless this would be inconsistent with the mandatory provisions of law.
9. The Service Provider may terminate the Agreement with immediate effect if the User:
   A. violates the mandatory provisions of law;
   B. violates the provisions of the Rules and Regulations;
   C. violates the provisions of the Agreement;
   D. acts to the detriment of the Service Provider.
10. If the User has taken actions that do not violate the provisions of law, the Rules and Regulations or the Agreement, but are undesirable by the Service Provider, the Service Provider shall notify the User thereof and demand that such actions be discontinued or their effects be remedied within the time limit determined by the Service Provider. If the User fails to comply with the demand, the Service Provider may terminate the Agreement with immediate effect. The above provisions shall not apply to Consumers.
11. In any event, the User’s Agreement may be terminated by sending a written statement or an e-mail that clearly indicates the will to terminate the Agreement to the Service Provider's address. The User may contact the Service Provider at the following e-mail address: info@vived.io.
12. If there is no information that the User uses the Services as an entrepreneur, who is not subject to Consumer protection, or the nature of the Services does not indicate that they are intended for entrepreneurs, who are not subject to Consumer protection, the Service Provider assumes that the User uses the Services as a Consumer. The moment of conclusion, amendment or termination of an agreement with the Consumer is determined by the mandatory provisions of law and, in the absence of such provisions, the provisions of the Rules and Regulations. The template form of withdrawal from the agreement on the provision of the Services along with the Information concerning the Consumer’s right to withdraw from the agreement constitutes Appendix no. 1 to the Rules and Regulations.

 

§ 4. Rules for the User’s registration and logging in to the Platform

1. The User’s registration takes place, according to the User’s choice, via Google or Apple. It is necessary to accept the
   Rules and Regulations and select the "Continue with Google" or "Continue with Apple" button respectively.
   The account shall not be created if:
   A. the e-mail address provided has been already used to create the Account – in such a case, the User shall be logged in to the previously created Account;
   B. data from Google or Apple have not been imported;
   C. the User has not confirmed the acceptance of the Rules and Regulations by ticking the box of acceptance of the Rules and Regulations.
   2. Logging in takes place by selecting the "Continue with Google" or "Continue with Apple" button respectively.  Logging in requires the prior registration of the User on the Platform.
   3. In the event of a change of the registration data, the User is obliged to update them or delete the current account and create a new Account. The registered e-mail address shall be presumed to be the address for correspondence and any correspondence sent by the Service Provider to this address shall be deemed effectively delivered. The User should inform the Service Provider of any changes in the data.  The Service Provider shall not bear any liability in the event of failure to notify the Service Provider of any changes or failure to update the data.

 
§ 5. User’s services

1. The Service Provider provides the User’s Services free of charge.
2. The User manages the Account on their own, in particular they enter data into the Account, modifies them and deletes them.
3. The Service Provider is the controller of the data entered into the Account. 

 
§ 6. Obligations
 

1. The User guarantees that the Information sent by them does not violate the mandatory provisions of law. It is forbidden for the User to send unlawful content. It is forbidden, in particular, to send Information that:
   A. is misleading;
   B. is fictitious;
   C. violates the rights of the Service Provider, Users or third parties;
   D. violates the Agreement or the Rules and Regulations;
   E. violates the mandatory provisions of law;
   F. violates good mores or principles of community life;
   G. is discriminatory, vulgar, offensive, obscene, promoting drug use or alcohol consumption;
   H. spam or unsolicited commercial information;
   I. personal data of third parties;
   J. links to the Information referred to above.
   2. The Service Provider shall immediately remove prohibited Information from the Platform, with the provision that it may keep the Information for the purposes of archiving, statistics, claims or related liability if this is in accordance with the applicable provisions of law.
   3. In the case of disclosure in the course of using the Platform, the User is obliged to immediately notify the Service Provider of this fact to the following e-mail address:  info@vived.io. It shall be prohibited to:
   A. tamper with the Platform software code without any authorisation and to use software that interferes with the Platform operation;
   B. use the Platform pages for a purpose other than the purpose specified in the Rules and Regulations;
   C. use false data, including in particular fictitious or third party personal data for the purpose of identity verification when registering, logging in or in the course of using the Platform;
   D. use the Services to send mass e-mail correspondence. The Service Provider shall apply technical safeguards against sending unwanted mass e-mail correspondence.

 

§ 7. Liability
 

1. The Service Provider shall not be liable towards the User for:
   A. damage caused by Force Majeure;
   B. damage caused by unauthorised interference with the User’s ICT system;
   C. consequences of theft of the User’s data;
   D. effects of infection of the User’s ICT system with malware;
   E. subject to the mandatory provisions of law concerning liability towards the Consumer and personal data.
   2. The Service Provider shall make every effort to ensure safe, uninterrupted, continuous, stable, effective and full availability of the Services and the security of data processing, but it shall not bear liability if ensuring such availability, in the given circumstances, proves impossible or significantly hindered, subject to the mandatory provisions of the law concerning liability towards the Consumer.
   3. The Service Provider's liability shall be excluded if the unavailability of the Services results from the process of their development or introduction to the Platform, subject to the mandatory provisions of the law concerning liability towards the Consumer.
   4. The liability of the Service Provider shall be limited to intentional damage and within the limits of actual losses incurred, subject to the mandatory provisions of the law concerning liability towards the Consumer.
   5. The Service Provider protects data in accordance with the Privacy Policy, constituting Appendix No. 2 to the Rules and Regulations and the Cookie Policy, constituting Appendix No. 3 to the Rules and Regulations.
   6. The User bears liability for the consequences of using the Platform. The User bears liability for the consequences of using the Platform by the persons whom they have provided with access to their Account.
   7. The User is obliged to redress any damage caused to the Service Provider and a third party by using the Platform, including in particular damage caused by sending prohibited information to the Platform, as well as release the Service Provider from liability if, in connection with the use of the Platform by the User, a third party makes a claim against the Service Provider.
   8. The Service Provider is entitled at any time to take all steps to verify the identity and identify the User, as understood in the provisions of the Anti-Money Laundering and Terrorist Financing Act, and the User is obliged to provide the Service Provider with the necessary information, explanations and documents. The User acknowledges and accepts the fact that if the required information is not received, the Service Provider may refrain from providing the Services, which shall not be a basis for any claims of the User towards the Service Provider.

§ 8. Technical requirements 
 

1. The Platform may be used by the User, who has the technical ability to connect to the Internet.
2. The User’s ICT system should meet the minimum technical conditions, i.e.:
   A. operating system: Android 5.0 or newer, or iOS 13.0 or newer;
   B. updated mobile web browser: Chrome or iOS Safari or similar, but similar browsers may fail to ensure full compatibility;
   C. acceptance of Cookies enabled;
   D. Internet access.
   2. The impact on the User’s equipment and software is specified in the Privacy Policy.

 
§ 9. Intellectual property rights
 

1. The Agreement does not transfer any rights to works, inventive designs, rationalisation projects, databases, titles or individualising or distinguishing designations. These rights are subject to legal protection on the basis of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 on Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, the Act of 27 July 2001 on the Protection of Databases and other generally applicable laws.
2. It is forbidden to reproduce the Service Provider's Information in whole or in part, in any way, including both on the Internet and on data carriers, as well as to send, publish, distribute, modify, develop, re-use or market it in any way that would go beyond the permitted personal use, including on other Platforms, on advertising media, through broadcasting in radio or television, through publication or display in the press, on billboards, via any telecommunication techniques and technologies, in particular via the Internet, or on data carriers, as well as to post links to the Service Provider's Information in a manner that could prevent the identification of the source.
3. The User represents and warrants that the information sent, used or stored by them on the Platform is free from legal defects, as well as third party claims. The User declares that they have all the rights and consents required for sending, using and storing such Information, and that such actions do not violate the rights or rights of third parties and the mandatory provisions of law. The User authorises the Service Provider to store the Information referred to above free of charge on the Platform and to use them free of charge in such a way as is required to ensure the provision of the Services.

 

§ 10. Technical support and complaints
 

1. The User may report any technical problems in connection with the provision of the Services to the Service Provider. In the event of a notification, the Service Provider shall each time immediately take remedial work. The Service Provider may, in order to remove the problems, make any interference with the User’s resources and suspend the provision of the Services. If the source of problems, a breach of data security in this case, lies in the User’s resources, the User, is obliged to immediately remove the problem and notify the Service Provider thereof. The Service Provider may also remove the problem on its own, including without the consent of the User, at the risk and responsibility of the User. The Service Provider is not required to remove minor problems that do not prevent the use of the Platform.
2. Any complaints related to the provision of the Services shall be sent to the address of the Service Provider, including to the following e-mail address: info@vived.io
3. A complaint must be submitted immediately after the occurrence of the event raising reservations on the part of the User, no later than within 14 (fourteen) days from the date when the event occurred, or when the User became aware of the event.
4. The complaint should include at least the full name of the User, correspondence address, description of the allegations constituting the basis for the complaint and the expected manner of settling the case.
5. The complaint shall be examined by the Service Provider without undue delay, not later than within 14 (fourteen) calendar days from the date of its receipt.
6. In justified cases, the time limit for examining the complaint may be extended provided that the User is informed about the pending investigation and of the expected date of the final reply, and, if the User did not provide all the necessary data, about the missing data.
7. The Service Provider shall inform the User about the examination of the complaint at the address specified by the User.
8. If the complaint is not accepted or examined in accordance with the demand of the User, the User may request the Service Provider to re-examine the complaint within 14 calendar days from the date of receipt of the information about the examination of the complaint from the Service Provider.

 

§ 11. Final provisions
 

1. The provision of the Services shall be subject to the acceptance of the Rules and Regulations. The commencement of use of the Services by the User is equivalent to the acceptance of the Rules and Regulations. The User confirms the acceptance of the Rules and Regulations by ticking the box of acceptance of the Rules and Regulations at the stage of registering their Account.
2. The Rules and Regulations shall be governed by and construed in accordance with the Polish law, unless the mandatory provisions of law stipulate otherwise. All disputes connected with the provision of the Services shall be settled by the Polish common courts. The Rules and Regulations have been drawn up in two language versions: Polish and English; however, the language of the Rules and Regulations is Polish and the Agreement is concluded in this language.
3. Prior to the conclusion of the Agreement, the Service Provider shall make available the Rules and Regulations to the User free of charge. At the request of the User, the Service Provider shall make available the Rules and Regulations in a manner that makes it possible to obtain, reproduce and record the content of the Rules and Regulations by means of the ICT system used by the User.
4. Changes to the Rules and Regulations concerning the Users are made by the Service Provider for important reasons (changes in the scope of the Services, including discontinuing the provision of specific Services or adding new Services, changes in the scope of Platform operation processes, adaptation to applicable laws, changes in the scope of the Service Provider's data) and shall enter into force within 2 (two) weeks from the date of publishing them on the Platform and informing the Users, via their e-mail addresses, of the planned changes, scope of changes and important causes of the changes, together with sending a link to the amended content of the Rules and Regulations. The User who does not agree to the changes should inform the Service Provider thereof and may terminate the Agreement.
5. The Service Provider shall inform the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims and the rules of access to these procedures. Detailed information in this respect is available on the website http://www.uokik.gov.pl, as well as at the registered offices and on the websites of the district (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection and Provincial Inspectorates of the Trade Inspection. In particular, the Consumer may:
   A. apply to the Provincial Inspectorate of the Trade Inspection, in accordance with Article 36 of the Trade Inspection Act of 15 December 2000 for mediation proceedings;
   B. initiate proceedings before the permanent consumer arbitration court referred to in Article 37 of the Trade Inspection Act of 15 December 2000;
   C. use the assistance of the district (municipal) consumer ombudsman or social organisation whose statutory tasks include consumer protection;
   D. use the online platform for the resolution of disputes between consumers and traders at the level of the European Union (ODR platform) at  http://ec.europa.eu/consumers/odr/. The following appendices are attached to the Rules and Regulations:
   Appendix No. 1 – Template form of withdrawal from the agreement on the provision of the Services along with the Information concerning the Consumer’s right to withdraw from the Agreement;
   Appendix No. 2 – Privacy Policy;
   Appendix No. 3 – Cookie Policy.
   6. The Rules and Regulations shall enter into force on the day of their publication on the Platform. The amended version of the Rules and Regulations shall enter into force on 1 March 2021.