GENERAL PROVISIONS
1.1. The operator and administrator of the Oterion web application, available and maintained at: oterion.com (hereinafter: the "Application"), is Oterion sp. z o.o., ul. Mogilska 35, 31-545 Kraków, Poland, KRS (National Court Register No.): 0001111726, NIP (TAX ID): PL6751800508, hereinafter referred to as the "Service Provider". Additional contact details of the Service Provider: e-mail: [email protected]
1.2. The Service Provider is the party to all agreements concluded via the Application, as well as the controller of the personal data provided by Users through the Application.
1.3. The terms and conditions of using the Application, particularly the terms and conditions of concluding agreements, are governed by these Terms and Conditions.

FEES AND METHODS OF PAYMENT
2.1. Use of the Application is subject to payment. The amount of fees is defined in the price list published within the Application.
2.2. The prices for services/packages provided by the Service Provider are stated as net amounts.
2.3. The Service Provider enables payment by credit card through Stripe Payments Europe Ltd., headquartered in Ireland, website: https://stripe.com
2.4. By placing an order and accepting these Terms and Conditions, the User consents to receiving invoices and their duplicates and corrections in electronic form as per Article 106n paragraph 1 of the Polish Act of March 11, 2004 on goods and services tax, to the e-mail address provided by the User during account creation or order placement. In case of any change to the User’s e-mail address, the User is obliged to notify the Service Provider. If the User fails to do so, the invoice delivered to the previously provided e-mail address is deemed effectively delivered. The Service Provider reserves the right to send invoices in paper form by traditional mail if technical obstacles arise.

SCOPE OF SERVICES PROVIDED IN THE APPLICATION
3.1. The Application is intended for managing the regulatory compliance process within an organization.
3.2. The Application enables, in particular:

• Checking which regulations apply to an organization via a questionnaire.

• Monitoring the organization’s compliance status with selected regulations.

• Controlling tasks, alerts, and notifications from the dashboard level.

• Monitoring the progress of completed tasks.

• Identifying risks associated with non-compliance with specific requirements of selected regulations.

• Implementing proactive risk controls within the organization.

• Managing compliance-related incidents within the organization.

• Generating policies and operational procedures.

• Creating periodic compliance reports.

3.3. The correct method of using the individual services offered by the Application is described in the User Manual located directly within the Application.
3.4. Access to the Application and the provision of the above-mentioned services is subject to payment. In order to use certain functionalities, it may be necessary to acquire an appropriate license from a third party. The User will be informed about this requirement on the order placement screen.

CONCLUSION OF THE AGREEMENT AND ITS DURATION
4.1. Every registered User may utilize assessments for selected regulations free of charge. The account is activated immediately after the Service Provider confirms receipt of the registration request, i.e., by sending an e-mail to the address provided by the User during registration. After using the free assessments, the User must select a desired package and place an order, as described below, to continue using the Application and conclude an agreement.
4.2. To conclude an agreement, the User should select the desired package (regulations) and place an order, following the technical steps based on the instructions displayed in the Application.
4.3. Confirmation of order acceptance is sent via e-mail to the address the User provided when placing the order.
4.4. The agreement is concluded at the moment the order acceptance is confirmed, but not earlier than the moment the Service Provider receives payment for using the Application.
4.5. The agreement is concluded for a fixed term of one year. It will be automatically renewed for a subsequent billing period unless the User cancels their subscription before the current period expires. If the User does not cancel, the User’s credit card will be automatically charged the amount corresponding to the fee for the next period.
4.6. The User may cancel the use of the Application at any time. However, access to the Application will be provided until the end of the current billing period. The Service Provider does not refund payments made by the User in the event of cancellation before the billing period ends.
4.7. If there are insufficient funds on the User’s credit card to process the payment for the next usage period, access to the Application is temporarily suspended. Once the Service Provider receives the payment for the next period, the User’s access will be promptly restored. In such a case, it is assumed that the new billing period commenced the day following the end of the previous billing period.
4.8. During the term of the agreement, the User may opt for additional packages. To do so, the User should select the appropriate option in their User account.
4.9. In the event of purchasing an additional package, the Service Provider will activate that package immediately after receiving the due payment. Each package purchase constitutes a separate agreement, as per point 4.5.
4.10. If the User cancels a package, the Service Provider will disable the package only after the current billing period expires. Until the end of the billing period, the User continues to use the previous package, and the Service Provider is not obliged to refund any difference between package prices.
4.11. All information on the Application’s website, including prices and service descriptions, does not constitute an offer but an invitation to conclude an agreement.
4.13. By placing an order, the User makes an offer to conclude an agreement. An order can only be placed after accepting these Terms and Conditions and the Privacy Policy.

USE OF THE APPLICATION
5.1. The User is granted access to the Application immediately after the agreement is concluded. Logging into the account is done with the credentials provided during account creation.
5.2. The User is obliged to use the services provided by the Application in a manner consistent with their nature and purpose, good practices, and applicable laws.
5.3. The Service Provider may temporarily or permanently block access to the Application with immediate effect if the User or one of their employees:

• Violates the provisions of these Terms and Conditions,

• Undertakes actions that endanger the security of data stored in the Application,

• Uses the Application in a way that leads to committing an offense under applicable law,

• Provides unlawful content,

• Uses the Application in a manner that undermines or threatens the integrity of the Service Provider’s IT system or the Service Provider’s legitimate interests,

• Undertakes actions that could in any way disrupt the proper provision of services by the Service Provider, including the proper functioning of the Application.

5.4. The Service Provider will unblock access to the Application after the User fulfills all obligations imposed by the Service Provider to restore a state of compliance with applicable laws, these Terms and Conditions, or good practices. The blockage does not oblige the Service Provider to refund the fee paid.
5.5. If the User experiences issues accessing the Application, they should immediately contact the Service Provider to resolve the problem.
5.6. Temporary inability to use the Application due to technical reasons beyond the Service Provider’s control does not constitute grounds for the User to withdraw from the concluded agreement or to request a price reduction.

COMPLAINTS
6.1. The User is entitled to submit complaints regarding the services provided by the Service Provider through the Application.
6.2. Complaints should be submitted by e-mail to [email protected] or by mail to the Service Provider’s registered office address, along with a description of the circumstances forming the basis of the complaint and the User’s demands.
6.3. Complaints will be addressed within 14 days from the date of receipt by the Service Provider. If it is not possible to handle the complaint within this timeframe, the Service Provider will inform the User promptly, providing the reason for the delay and the anticipated timeframe for resolving the complaint.

PERSONAL DATA PROCESSING
7.1. The data controller is the Service Provider, whose registration details are specified in clause 1.1. of these Terms and Conditions.
7.2. Personal data is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and other generally applicable laws.
7.3. The data obtained by the Controller at the stage before entering into the agreement, at the time of entering into the agreement, and during its performance is processed for the following purposes: (a) based on the User’s consent to process the data for a specified purpose (Art. 6(1)(a) GDPR), (b) necessity to perform contracts concluded by the User with the Controller, as well as actions taken prior to the conclusion of such contracts at the User’s request (Art. 6(1)(b) GDPR), (c) necessity to fulfill a legal obligation incumbent on the Controller (Art. 6(1)(c) GDPR).
7.4. The User’s personal data may be processed in connection with the Controller’s legitimate interests to secure and pursue claims, as well as for the direct marketing of services provided by the Controller (Art. 6(1)(f) GDPR).
7.5. Providing personal data is voluntary but necessary for concluding and properly performing the agreement.
7.6. For the proper provision of its services, the Controller may share the User’s personal data with entities handling electronic or card payments, the bank maintaining the Controller’s account, to enable payment for services, as well as with an accounting office. The Controller may also share the User’s personal data with hosting providers and IT companies that support the Controller’s services, such as SMS gateway operators, e-mail service providers, and technical support providers for the Application.
7.7. The Controller processes personal data obtained directly from the User (data subjects). In the case of employees or individuals providing services to the Controller’s clients under civil law contracts, the data may be obtained from that entity.
7.8. Personal data collected for the purpose of concluding or performing a contract and fulfilling the Controller’s legal obligations is stored for the period necessary to: (1) secure or pursue any claims arising from the contract, (2) perform the contract (e.g., handling complaints), (3) comply with a legal obligation imposed on the Controller (for example, by accounting and tax regulations). Personal data processed for marketing and other purposes will be processed until consent for such processing is withdrawn or until an objection is raised.
7.9. The User has the right to request from the Controller access to their personal data, its rectification, erasure, or restriction of processing, as well as the right to object to its processing and the right to data portability. The User also has the right to file a complaint with a supervisory authority.
7.10. More information on personal data processing by the Controller can be found in the Privacy Policy.

TECHNICAL CONDITIONS FOR THE PROVISION OF SERVICES
8.1. The Service Provider undertakes to provide continuous and uninterrupted services through the Application.
8.2. The Service Provider reserves the right to temporarily suspend services due to maintenance or other technical activities related to the functioning of the telephone network or the Internet, or related to maintaining or modifying the Application.
8.3. Using the Application requires that the User have a terminal device (desktop computer, laptop) equipped with a current version of one of the following web browsers: Google Chrome, Safari, Mozilla Firefox, or Microsoft Edge, and an Internet connection.

FINAL PROVISIONS
9.1. Expressing consent to these Terms and Conditions is necessary to conclude the agreement.
9.2. The Service Provider makes every effort to ensure that services provided via the Application are continuous and uninterrupted. However, the Service Provider is not liable for disruptions to the Application’s operation or data loss caused by factors beyond the Service Provider’s control and without its fault, including disruptions or data loss resulting from force majeure, unauthorized interference in the Application by Users or third parties, Internet network failures, or hardware failures.
9.3. The Service Provider is not liable, except as provided by generally applicable law, for materials and content made available or published by the User.
9.4. The total compensation liability of the Service Provider is limited to the fee paid by the User for the billing period in which the damage occurred.
9.5. The Service Provider is not liable for any damage incurred by the User as a result of using the Application, including actions or omissions, in particular for actions taken by the User based on tasks and recommendations generated by the Application.
9.6. The Service Provider is not liable for unauthorized access to the Application due to circumstances beyond the Service Provider’s control and not attributable to it.
9.7. In matters not regulated by these Terms and Conditions, the generally applicable laws in force in Poland shall apply.
9.8. Disputes arising from agreements concluded under these Terms and Conditions with the User shall be settled by the common court having jurisdiction over the Service Provider’s registered office.
9.9. The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, in particular due to changes in the applicable laws, changes in the Application’s functionality, changes in the manner or scope of services provided. Amendments to the Terms and Conditions come into force after 14 days from their publication in the Application. The User will be notified of changes to the Terms and Conditions by an e-mail sent to the address provided in the Application.
9.10. These Terms and Conditions are effective from December 10, 2024.