TERMS AND CONDITIONS OF THE WEB APPLICATION CO-CREATE THE FLEET MANAGER SYSTEM
version 1.4
I. GENERAL PROVISIONS
- The Regulations have been drawn up by Treesat spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn at Wędkarska 38B (10-180), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0000731526, NIP : 7393910463, REGON number: 369349018, share capital in the amount of PLN 200,000.00.
- The Regulations define the rules for the use of the Application by the Client and Users and the provision by Treesat of the services described in the Regulations according to Polish law, including services provided electronically in accordance with the requirements of the Act of 18 July 2002 on the provision of electronic services (i.e. Journal of Laws of 2019 r. item 123).
- Services are provided in Polish. The language of communication with the User is Polish.
- The Regulations are addressed to Consumers as well as to entrepreneurs using the services offered by Treesat via the Fleet Manager system
- The Regulations are an integral part of the Agreement concluded with the Customer.
- The Regulations are made available by Treesat free of charge, and Treesat enables the acquisition, reproduction and recording of the content of the Regulations on the website https://treesat.io/dokumenty .
- The Customer and individual Users are obliged to comply with the provisions of the Regulations of the web application and the Regulations of the mobile application at the time of concluding the Agreement.
II. DEFINITIONS
When used in the singular or plural, the following capitalized terms have the following meanings:
- Regulations – this document;
- Service Provider – Treesat Spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn at Wędkarska 38B (10-180), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0000731526, NIP: 7393910463 , REGON number: 369349018, with a share capital of PLN 200,000.00;
- Treesat – Treesat spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn at Wędkarska 38B (10-180), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0000731526, NIP: 7393910463, REGON number: 369349018, share capital in the amount of PLN 200,000.00;
- GDPR – 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) data);
- Act – Act of July 18, 2002 on the provision of electronic services (i.e. Journal of Laws of 2019, item 123);
- Fleet Manager System – an innovative set of cooperating Devices and Software (including Applications) created and maintained by Treesat with the functionalities indicated in Appendix 1 to the Regulations;
- Treesat.io Cloud – a proprietary programming and infrastructure solution using software to which Treesat is entitled, a set of servers and connections as well as know-how, databases and other objects of intellectual property rights used to obtain data from Devices and process them in order to perform Services;
- Application – software provided by Treesat in the SaaS model (software as a service) enabling the Client and Users authorized by them to use the Treesat Fleet Manager System, available at https://fleet.treesat.io;
- Device – a movable item with functionalities and parameters indicated in Appendix 1 to the Regulations, providing the Treesat Fleet Manager System with specific data that is processed as part of the Service; including devices used to provide the e-TOLL Service,
- Account – a set of resources in the Application, mobile application or the entire Treesat Fleet Manager System, separated and separated from the accounts of other Users, individualized for the User, to which the User has access by means of a login and password;
- Service – Treesat’s provision to the Customer consisting in receiving data from Devices, processing them and transferring them to the Application, as well as receiving data from the Application, processing them and transferring them to Devices using the Treesat.io Cloud; including the e-TOLL Service if optionally purchased by the Customer as an Additional Service.
- e-TOLL Service – Additional Service for optional purchase by the Customer, related to the provision of telemetric tools for monitoring Devices and their operating parameters in the scope of the electronic toll collection system for the use of toll sections of public roads in Poland, managed by the General Directorate for National Roads and highways,
- SENT-GEO is an optional, free-of-charge service for transmitting vehicle location data to the SENT system via the Fleet Manager system. The service allows you to meet the statutory obligation imposed on the entrepreneur who carries out the transport of the so-called sensitive goods.
- Agreement – an agreement for making the Treesat Fleet Manager System available for use concluded between Treesat and the Client;
- Price List – a document available on the web Application website at https://fleet.treesat.io and on the website https://treesat.io , which defines the scope of functionalities offered by Treesat, as well as the amount of fees. The amount of fees is given in net amounts, i.e. without tax due. The full amount to be paid for the paid service ordered, together with the amount of tax due, is visible in the Customer’s order summary, before purchasing it.
- Subscription – a fee paid by the User in advance for the possibility of using the Service or Additional Services for a specified period of time, selected by the User from the periods specified in the current Price List, available in the web Application;
- Settlement Period – the period in which the Customer obtains the opportunity to use the Treesat Fleet Manager System in exchange for paying the Subscription;
- Dispatcher – a natural person, Account holder, who is entitled in particular to monitor the activity of Drivers, set up Accounts for Drivers, Contractors, generate reports, use the chat;
- Driver – a natural person, Account holder and administrator of the Device correctly installed in the vehicle, whose activity during the performance of work (or the provision of services) is monitored on the terms set out in the Regulations;
- Client – a natural person, legal person or organizational unit without legal personality, to whom the law confers legal capacity, who concluded an Agreement with Treesat, accepted these Regulations and for whom services under the Treesat Fleet Manager System will be provided;
- Counterparty – a natural person, legal person or organizational unit without legal personality, to whom the law grants legal capacity, for which the Customer provides services. The Counterparty may have an Account in the Application authorized by the Customer;
- User – a person authorized by the Customer, having an Account in the Treesat Fleet Manager System, in particular the Manager, Driver, Dispatcher, Contractor;
- Administrator – a natural person, indicated and authorized by the Customer, to whom special rights are assigned to the Account in the Application, the Administrator is entitled to set up Accounts for Dispatchers, Drivers and Contractors, generate reports, use the chat;
- Maps – cartographic data and other digital data in electronic form contained in the Application, originating, among others, from with Open Street Map, covering the territory of Europe;
- Routes – graphics generated by Treesat, visible on Maps, showing the routes of vehicles and Drivers.
III. PRINCIPLES AND SCOPE OF PROVISION OF SERVICES
- The application is part of the Treesat Fleet Manager System provided by Treesat for a fee. The payable elements of the System are the Subscription and Devices that the Customer purchases on their own.
- The application is made available by Treesat via a website available at the following URL: https://fleet.treesat.io .
- The service is provided in order to maintain communication between the Devices and the web Application and to transfer data collected by the Devices to the Application – used successively in the Application to perform individual functions of the Application.
- The condition for the provision of services under the agreement with Treesat for the use of the Application by the Customer is:
- possession, proper installation and commissioning of the Devices;
- acceptance of the Regulations and proper conduct of the process of obtaining access to the Application (registration);
- acceptance of the Regulations for the provision of Treesat.io Cloud services;
- consent to the transfer by Treesat Sp. z o. o. necessary information regarding the Fleet Manager application to the indicated e-mail address.
- configuration of Devices with the Application by Treesat or authorized entities.
- The first registration of the Customer in the web Application takes place through:
- sending by Treesat to the Customer’s e-mail address indicated in the order, an individual login and password within 7 days of making the payment for the Subscription;
- entering by the Customer of the data referred to in point and above in the appropriate fields on the App home page;
- acceptance of the Regulations.
- In the case of Customers other than natural persons, the activities referred to in par. 5 above is made by a person authorized to represent a given organizational unit.
- The correct conduct of the first registration process leads to the creation of a Dispatcher Account. The dispatcher is obliged to immediately change the password (and/or login) received from Treesat to a unique and secure one.
- The User receives access to the Service after correctly entering the vehicle label and assigning the Device to it in the web Application.
- The use of the Application by Users is possible provided that the following requirements are met, including technical requirements:
- Internet access on the device intended for using the Application;
- use of the current version of the Chrome web browser from version 80+, FireFox from version 70+;
- accepting the Regulations in the process of accessing the Application.
- The data transmission service using the telecommunications network, enabling the use of some functions of the Application and the Service, is provided by Treesat, it is part of the Application and the Service. The data transmission service is provided by third parties other than Treesat. Fees for using the data transmission service are paid by the User as part of the Subscription.
- Third parties providing the data transmission service may collect information about the device on which the User uses the Application, in particular such as technical information about the device, system or software used by the User. The Service Provider has no influence on the collection of such data by third parties. Regulations regarding the collection of such data are determined by third parties providing such services.
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IV. CONCLUSION AND TERMINATION OF THE AGREEMENT
- The agreement is concluded upon acceptance of the Regulations and completion of the process of obtaining access to the web Application.
- The Agreement is concluded for a definite period of time, consistent with the Settlement Period during the process of ordering the Service.
- The Subscription to the Service is automatically renewed at the end of the last day of the Billing Period, and the Agreement is extended for another billing period equal to the billing period selected by the Customer when placing the order and according to the rates in force on the last day of the billing period included in the Price List, increased by the tax due, provided however, make the payment in full for the new billing period in advance.
- The Agreement for the provision of the Service is concluded when the funds for the purchased Subscription are credited to Treesat’s bank account.
- Confirmation of the conclusion of the Agreement for the provision of Services along with the specification of the purchased Services is sent to the Customer’s e-mail address. Along with the confirmation, the Customer will also receive a link to the Regulations and the Price List.
- The Application is made available to Users on the initiative of the Customer. The provisions of the Regulations are binding on Users from the moment of their registration.
- The Customer is responsible for the actions of the Users whom they authorized to use the web Application and the mobile application.
- By concluding the Agreement, the Customer declares that:
- is entitled to conclude the Agreement;
- has read the Regulations (including the appendices to the Regulations ) and undertakes to comply with them.
- The conclusion of the Agreement results in the Customer’s access to the free functions of the web Application.
- Due to the fact that the Customer was informed by the Service Provider before the commencement of the service that after its fulfillment the Customer will lose the right to withdraw from the contract, the Customer is not entitled to withdraw from the Contract, which is a distance contract within the meaning of the Act of 30 May 2014 (i.e. Journal of Laws of 2019, item 134) on consumer rights in the event that the Service Provider begins to provide the service with the express consent of the Customer before the expiry of 14 days from the conclusion of the Agreement.
- If the Customer provides the Service Provider with their data during the term of the Agreement (after gaining access to the web Application), the Customer also declares that:
- the data provided by them are consistent with the facts,
- the data provided by them do not infringe any rights of third parties.
- If the Customer provides the Service Provider with third party data during the term of the Agreement, the Customer declares that they have all the consents of these persons to provide such data, including personal data.
- During the term of the Service Agreement, the Customer may unsubscribe from its future subscription without giving any reason by selecting the cancel subscription option in the Web Application User Account settings. In the event of resignation, the Agreement expires on the last day of the Settlement Period.
- The Service Provider may terminate the Agreement at any time in the event of:
- specified in point IX.6 of the Regulations;
- the Customer’s use of the web Application, Mobile Application or Service in a manner contrary to the law, Terms and Conditions or regulations of Google or Apple.;
- other violation by the Customer of the provisions of the Terms and Conditions or regulations of Google or Apple.
- In the situations described in point VI.14 above, the Service Provider, prior to the termination of the Agreement, is also entitled to block the Customer from using the Mobile Application and the Service for a limited period of time, including until the Customer removes the effects of the breaches.
- The Service Provider will inform the Customer about the termination of the Agreement by displaying information about the termination of the Agreement in the Web Application and also by sending a statement of termination of the Agreement to the e-mail address provided.
- In the event of termination of the Agreement, the Service Provider immediately deactivates the Services made available to the Customer and Users, while the User is obliged to immediately uninstall the Mobile Application from the Mobile Device.
- In the event of termination of the Agreement, the Customer shall bear all costs related to the disassembly of the Device.
V. FEES
- The subscription for the Service is given in PLN in the Price List available in the Web Application at https://fleet.treesat/io and at https://treesat.io .
- The amounts given in the Price List are net prices, to which the tax due will be added, in accordance with applicable regulations.
- The full amount of Treesat’s remuneration for the purchased Service together with the amount of tax due is visible in the Customer’s order summary before purchasing it.
- The Subscription payment is made through operators operating payment systems, independent of the Service Provider, on the terms set out in separate regulations.
- By paying the Subscription, the User obtains the opportunity to use the Additional Service for a specified period of time, i.e. subscribes to the Additional Service for a given billing period consistent with the billing period of the Basic Service.
- The subscription for the additional e-TOLL service paid during the billing period for the Basic Service is charged in full.
- Any change to the Price List does not affect the rules for the provision of Additional Services to Users who have already paid for the Additional Service for a definite period of time.
- The Service Provider will inform the Customer about the change of prices for the Services by displaying information about new prices in the Web Application 1 month before the entry into force of the new price list of Additional Services, and if the Customer provides their e-mail address during the term of the Agreement – also by sending the new Price List to e-mail address provided.
VI. PRINCIPLES OF OPERATION OF THE eTOLL ADDITIONAL SERVICE
- Registration in the register of electronic toll payers (KAS Electronic Toll Collection System) via the e-TOLL PL mobile application or Internet Customer Account (IKK), including entering all data and documents and assigning the Device to the motor vehicle in which the Device was installed; updating data and documents in the KAS Electronic Toll Collection System – remain the exclusive obligations of the Customer or User using the above-mentioned roads, including the owner, possessor or user of the vehicle in which the Device is installed; The obligations should be fulfilled before the Customer or User starts using the above-mentioned routes.
- Treesat registers Devices in the e-TOLL system purchased in Treesat or from Partners, and then provides the Customer with a business ID assigned to the Device, which the Customer enters into a previously created account in the KAS Electronic Toll Collection System,
- Treesat does not act as an intermediary in the Customer’s payments for tolls for the use of national toll roads, including under the KAS Electronic Toll Collection System, and the Customer is obliged to pay these fees independently in the manner chosen by him,
- The launch of the e-TOLL Service and registration of the Device by Treesat takes place on working days, i.e. excluding Saturdays and public holidays, between 8:00 a.m. and 4:00 p.m.,
- Data in the Application collected as part of the provision of the e-TOLL Service are stored in the Application for a period of 6 months from the date of their registration and may be deleted after this date.
VII. APPLICATION ACCOUNTS, GRANTING AUTHORIZATIONS
- The Administrator is able to use the Application to its full extent. The Administrator may create profiles for Drivers, Dispatchers or Contractors in the Application and authorize them to use certain functions of the Application. The dispatcher can create a Contractor or Driver profile.
- The process of creating a User Account in the Application begins with the use of tools available in the Application. The manager can create a Dispatcher, Driver and Contractor profile. The dispatcher can create a Contractor or Driver profile. The person for whom the profile was created should complete the registration process on their own initiative, in particular by accepting the Regulations. Correct registration results in creating an Account. The User is not the owner of the Account.
- The Administrator and the Dispatcher are entitled to create, using the tools available in the Application, a Driver’s profile, which can then be used to create an Account in the mobile application which is part of the Treesat Fleet Manager System.
- The Administrator is entitled to use the following functions of the Application:
- monitoring the location of each Driver using a vehicle with the Device installed at a given moment and observing whether the Driver is standing or moving and at what speed they are moving;
- setting up Accounts for the Dispatcher, Driver, Contractor;
- generating reports;
- using the chat;
- setting up orders;
- adding vehicles;
- adding Contractors;
- review of completed forms;
- adding POIs;
- adding and evaluating parking lots,
- registration and deregistration of vehicles in the PUESC system
- The Dispatcher is entitled to use the following Application functions:
- monitoring the location of each Driver using a vehicle with the Device installed at a given moment and observing whether the Driver is standing or moving and at what speed they are moving;
- setting up Accounts for the Driver, Contractor;
- generating reports;
- using the chat;
- setting up orders;
- adding vehicles;
- adding Contractors;
- review of completed forms;
- adding POIs;
- adding and evaluating parking lots,
- activating and deactivating integration services, i.e. eTOLL, SENT GEO, transport exchanges
- The Counterparty is entitled to use the following functions of the Application:
- view the position of shared vehicles;
- The Customer and persons authorized by them undertake to ensure the uniqueness and security of access passwords to the Application at all times.
- Treesat reserves the right to extend the range of services offered, including adding new functions to the Application. The introduction of such changes in the Application will not constitute a change to the Regulations, unless it requires the Customer to incur additional fees.
VII. REPRESENTATIONS AND LIABILITIES OF TREESAT
- Treesat declares that the Maps in the Application come from i.a. from Open Street Map and are made available to the Customer under an open license under the conditions specified in detail at the URL: https://www.openstreetmap.org/copyright .
- The open license referred to in par. 1 above applies only to the Map. Routes have been generated by Treesat based on data from the Device and are made available to the Customer only for the purposes of the Agreement.
- It is forbidden to modify, distribute, disseminate, publish, display or use the Routes in any form and using any electronic, mechanical, photographic or recording means for purposes unrelated to the performance of the Agreement. The Customer has no rights to present or otherwise use the Routes for commercial purposes or beyond the permitted use.
- Treesat has proprietary copyrights to the Application and the software of the Treesat.io Cloud. In addition, Treesat has rights to know-how related to the Service, Application and Cloud Treesat.io.
- Treesat is entitled to proprietary copyrights and rights to word and graphic markings of Treesat, Treesat Friendly, as well as to graphic works constituting the Application’s user interface.
- The function and purpose of the software or data that are not a component of the content of the Application or Service, introduced by Treesat to the ICT system used by the User, may be indicated by Treesat via the website available at: https://treesat.io/dok-informacje-o -software .
- Treesat indicates current threats related to the use of the Application and Service via the website available at: https://treesat.io/pl/documents .
- Treesat uses updated and modern security systems for the Application and servers with which it provides the Service, as well as protecting the data processed as part of the Service against unauthorized influence of third parties. Nevertheless, the Customer should take into account the indicated threats referred to above, because they remain beyond the scope of Treesat’s capabilities, despite exercising due diligence in securing the Service, Application or servers against threats.
- Treesat is not responsible for:
- loss of data by the Customer or possible damage resulting from improper use of the Devices;
- damages resulting from the lack of continuity of access to the Application, resulting from force majeure;
- incorrect operation of data transmission in the networks of telecommunications operators;
- the consequences of entering false or incomplete data in the Application by the Customer or User;
- the effects of the Customer’s or User’s sharing the login and password with third parties;
- damages resulting from the use of the Application by the Customer or User in a manner inconsistent with the Regulations, legal provisions or principles of social coexistence;
- damages resulting from the inclusion in the Application of information that is incomplete or contradictory to the facts;
- the correctness and validity of the data contained on the Map;
- lack of continuity in the operation of the Maps, for reasons beyond Treesat’s control, in particular for reasons attributable to the licensor;
- complete cessation of the operation of the Maps, for reasons beyond Treesat’s control, in particular for reasons attributable to the licensor;
- damages related to incorrect reading of Maps.
- It is forbidden for the Customer and Users to provide in any way, including in particular by introducing unlawful content to the Application or Service.
- Treesat, if it received an official notification of the unlawful nature of the stored data provided by the Customer and prevented access to this data, shall not be liable to that Customer for damage resulting from preventing access to such data.
- Treesat, if it obtained a reliable message about the unlawful nature of the stored data provided by the Customer and prevented access to this data, shall not be liable to that Customer for damage resulting from preventing access to such data, if it immediately notified the Customer of its intention to prevent access to them.
- The operation of the Application or Service may be interrupted due to technical reasons, in particular due to the need to maintain the Application or supporting systems.
- None of the provisions of the Regulations excludes or limits Treesat’s liability for damages caused intentionally.
- Treesat provides the Customer with consultations on the use of the Application or Service on weekdays from 8:00 a.m. to 4:00 p.m. by telephone at [89 88 81 016] and via e-mail: [pomoc@treesat.io].
IX. CUSTOMER REPRESENTATIONS AND RESPONSIBILITIES
- The Client and persons authorized by them (e.g. Manager, Dispatchers, Contractors) undertake to:
- use the Application only to the extent specified in the Regulations and in accordance with the law and principles of social coexistence;
- not to enter into the Application personal data that has been obtained in a manner contrary to the law, in particular without the knowledge or consent of the person to whom the personal data relates;
- not to post content in the Application unrelated to the purposes of the created Account, including in particular advertising, political, religious, controversial, discriminatory, vulgar, offensive to religious feelings, infringing decency or contrary to generally applicable laws and social norms;
- not to take actions that could generate excessive load on the ICT system, connections and other infrastructure on the basis of which the Service is provided;
- not undertake or in any way enable third parties to modify, create derivatives, translate, decompile, disassemble or break the code of the Treesat Fleet Manager System or any part thereof.
- The Customer is solely responsible for the actions and omissions of persons authorized by them or on their behalf to use the Application, i.e. the Administrator, Dispatchers and Contractors.
X. PERSONAL DATA
- The administrator of personal data collected from: Customers, Users, Contractors, Managers and Drivers provided during registration is Treesat.
- The data is processed in order to provide the ability to control devices using the application. The legal basis for this processing is Art. 6 sec. 1 lit. f of the GDPR, i.e. the legitimate legal interest of the data controller, which in this case is taking action for the benefit of the Users of our services.
- Personal data to the extent necessary to perform the e-TOLL Service and the SENT Service (geolocation data) will be made available to the Ministry of Finance – the Head of the National Tax Chamber or a public finance sector unit supervising the collection of tolls for the use of toll sections of public national roads in accordance with the Act of March 21 .185 on public roads for the period of execution of the Agreement.
- Personal data to the extent necessary to perform integration services with transport exchanges (geolocation data) will be made available to the selected transport exchange after the User’s prior consent in the Application.
- If consent has been given, the data may be processed for marketing purposes.
- Treesat entrusted the processing of subscriber data to Mailer lite Ltd.
- The administrator of personal data regarding Users and Drivers shown in the Application (including name, surname, telephone number), including telemetry data regarding Drivers and Routes, remains the Customer.
- The Customer declares that the above-mentioned personal data is entered into the Treesat Fleet Manager System voluntarily, consciously and in accordance with the law.
- The Customer entrusts and instructs Treesat to process the personal data indicated in section 1 above for the purpose and to the extent necessary to perform the Agreement, for its duration.
- Treesat declares that it will process the entrusted personal data in accordance with the law, including that it applies special precautionary rules related to the protection of personal data and ensures the security of such data by applying appropriate technical and organizational measures, in accordance with art. 32 GDPR.
- Treesat exercises constant control over the data processing process and limits access to such data as much as possible, granting appropriate authorizations only when it is necessary for the proper provision of services.
- Treesat protects the entrusted personal data against disclosure to unauthorized persons, as well as against their processing in violation of applicable law.
- Treesat ensures that persons authorized to process personal data have been obliged to keep them secret.
- Treesat may entrust the processing of personal data received from the Customer to third parties cooperating with Treesat, provided that the agreement with the third party ensures the level of protection of personal data that results from this Agreement. The customer also consents to the transfer of entrusted personal data outside the EEA.
- Personal data entrusted by the Customer may be made available to entities authorized to receive them under applicable law, including competent law enforcement and judicial authorities.
- Treesat assists the Customer in fulfilling their obligations in the field of personal data protection, in particular:
- as far as possible, helps the Customer through appropriate technical and organizational measures to meet the obligation to respond to the requests of the data subject in the exercise of their rights set out in Chapter III of the GDPR and with the obligations regarding the security of personal data set out in art. 32-36 GDPR;
- provides the Client with all information necessary to demonstrate compliance with these obligations and enables and contributes to the Client or an auditor authorized by the Client to conduct audits, including inspections;
- immediately informs the Customer if, in their opinion, the instruction given to them constitutes a violation of the law on the protection of personal data.
- After the completion of the processing services, depending on the Customer’s decision, Treesat deletes or returns all personal data and deletes all existing copies.
- Route history is stored for 12 (twelve) months from the date of travel. After the expiry of the above-mentioned period, Treesat is entitled to delete this data from the Application and the Treesat Fleet Manager System.
X. COMPLAINTS
- The Customer is entitled to a complaint to the extent related to the incorrect operation of the Application and to the extent related to non-performance or improper performance by Treesat of services related to the use of the Application by the Customer and Users.
- Treesat considers complaints.
- A correctly submitted complaint should contain at least the following data:
- customer designation,
- e-mail address and possibly correspondence (postal) address,
- the subject of the complaint,
- circumstances justifying the complaint.
- Complaints should be submitted in writing to the following address: [ul. Wędkarska 38B, 10-180 Olsztyn] or send via e-mail to the address [pomoc@treesat.io].
- The complaint may be submitted in Polish.
- Treesat recognizes the complaint within 14 days and replies to the Customer by e-mail (to the e-mail address indicated in the complaint) or in writing (to the postal address indicated in the complaint).
- Filing a complaint and refusal to accept the complaint do not suspend the Customer’s obligations under the Agreement, including in particular those related to the payment of relevant Payments.
XI. FINAL PROVISIONS
- The Regulations are subject to Polish law.
- The Customer may not transfer the rights and obligations arising from the Regulations without the prior consent of Treesat, given in writing under pain of nullity.
- Treesat may amend the Regulations for important reasons, including technical, technological, legal, organizational or economic reasons, as well as in connection with changes in the functionality of the Application.
- The amendment to the Regulations becomes effective from the moment of placing the content of the new Regulations in the Application. If the Customer does not accept the changes to the Regulations, they have the option to terminate the Agreement.
- Any disputes arising from the implementation of the Regulations are subject to resolution by the competent common court.
- In matters not covered by the Regulations, the provisions of the Civil Code, GDPR, the Act of May 10, 2018 on the protection of personal data, the Act of July 18, 2002 on the provision of electronic services shall apply.
- Appendices to the Regulations constitute its integral part.
- This version of the regulations is valid from 01/08/2024
Appendix No. 1 to the Regulations
- Basic functionalities and parameters of the Devices:
GPS ZSL/OBU – monitoring of position, speed, power supply voltage,
CAN Logger – reading data from the vehicle’s on-board computer,
- Basic functionalities of the web application:
Map – monitoring the position of vehicles along with data from the vehicle’s on-board computer
POI – the ability to add POI
Parking lots – the ability to add and rate parking lots
Contractors – the ability to add contractors along with contact details
Orders – the ability to set up orders together with setting the Route and setting alarms
Reports – the ability to generate reports
Drivers – the ability to add Drivers to the system
Forms – possibility to view completed forms by the Driver
Accounts – the ability to set up Accounts for Dispatchers, Drivers and Contractors
Chat – the ability to use the chat between the Dispatcher and the Driver
- Basic functionalities of the FM Driver mobile application:
Map – monitoring the position of vehicles along with data from the vehicle’s on-board computer
POI – the ability to add POI
Parking lots – the ability to add and rate parking lots
Orders – the ability to set up orders together with setting the Route and setting alarms
Chat – the ability to use the chat between the Dispatcher and the Driver
- Additional/optional system functionalities
E-TOLL – possibility of integration as part of payments for toll sections of national roads
SENT GEO – possibility of integration for transport subject to monitoring
Transport exchanges – possibility of integration with selected transport exchanges
- Technical requirements for using the Application and the Service:
- Mobile Device operating system version: Android 6.0 and newer
- giving consent within the Android operating system for:
· access to contacts,
· downloading data from the Internet,
· full access to the network,
· running during system startup,
· controlling vibration,
· preventing the phone from going to sleep.
- Data necessary for Registration in the FM Driver Application:
- telephone number and e-mail address
- password