1. These regulations (hereinafter referred to as the “Regulations”) define the rules for the provision of the KIA Assist service by the Operator and the use of the KIA Assist mobile application (“Application”) by the User. The Application User Manual is available by the Operator on the website at: treesat.io/kia-assist.
2. The Regulations contain the principles of providing services by electronic means by the Service Provider within the meaning of Art. 8 of the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2019, item 123 – hereinafter referred to as the Act) in the manner described in § 1.3 below.
3. The provision of the KIA Assist service includes a set of cooperating IT devices and software ensuring processing, including storage, sending, receiving and transferring of specific data via telecommunications networks, which is carried out using the following end devices: the Car Terminal Device and the User’s Mobile Device on which the Application is installed and the Treesat.io Cloud, as well as using telecommunications services provided by the provider of these services (Telecommunications Service Provider).
4. The Application is made available as part of a digital distribution platform for programs intended for end-user devices. The User and the Operator remain parties to the agreement concluded on the basis of the Regulations.
5. “The Operator is TREESAT Spółka z ograniczoną odpowiedzialnością with its registered office in Olsztyn at ul. Wędkarska 38B (10-180), entered into the register of entrepreneurs of the National Court Register maintained by the District Court in Olsztyn, 8th Commercial Division of the National Court Register, under KRS number: 0000731526, NIP: 7393910463, REGON number: 369349018, with share capital of PLN 200,000.00 (“Operator”). The Operator offers and develops the Application, provides the Services referred to in the Regulations and maintains and develops the Treesat.io platform, through which the provision of Services is possible.”

The terms used in the Regulations written in capital letters shall have the meaning indicated in the text of the Regulations, including the definitions below:

1. Application – the KIA Assist mobile application installable on the User’s Mobile Device, available for download from the AppStore for iOS or from Google Play for Android;
2. User’s Mobile Device – a portable device with the iOS or Android operating system installed on which the User can install the Application in order to use the Service, in particular a smartphone or tablet;
3. Car Terminal Device – the KIA Assist Wire device installed in the car used by the User, collecting data about the car and its behaviour while driving and at rest and transmitting this data to the Treesat.io Cloud in order to enable sharing this data with the User in the Application;
4. User – a natural person who uses the Application on the basis of a service provision agreement concluded with the Operator, which occurred by accepting the content of these Regulations;
5. Telecommunications Service Provider – an entity whose services the Operator uses to ensure communication between the Car Terminal Device equipped with a SIM card enabling the connection of this Device to the Internet (data transmission service).
6. Act – Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2019, item 123);
7. Service – a collective term for the services provided by the Operator to the User using the Car Terminal Device, the User’s Mobile Device and the Application;
8. Treesat.io Cloud – a proprietary programming and infrastructure solution using software to which the Operator holds the proprietary rights, a set of servers and connections, as well as know-how, databases and other intellectual property rights used to obtain data from Automotive Terminal Equipment and process it in order to provide the Service;
9. Account – a separate set of resources in the Treesat.io Cloud separated from other User accounts, individualized for the User, to which the User has access using a login and password;
10. “KIA Polska – the company “KIA POLSKA” Limited Liability Company with its registered office in Warsaw, at ul. Puławska 366, 02-819 Warsaw, KRS 0000018778; NIP 5261910258; REGON 012710235.”

1. The Operator, in accordance with the content of Art. 6, point 1 of the Act, undertakes to indicate current threats related to the use of the Service provided electronically via the website available at: treesat.io/kia-assist.
2. The Operator uses updated and modern systems to secure the Application and servers by means of which the Operator provides the Service, as well as to protect data processed as part of the provision of the Service against unauthorized third-party influence. Despite this, the User should take into account the indicated threats referred to in § 3 section 1 above, because they are beyond the scope of the Operator’s capabilities – despite exercising due diligence in securing the Service, Application or servers against threats.
3. The function and purpose of software or data that are not part of the Service content and are entered by the Operator into the IT system used by the User may be indicated by the Operator via the website available at: treesat.io/kia-assist.
4. The Service consists in receiving data transmitted by the Car Terminal Device, processing it within the Treesat.io Cloud, transmitting it to the Application, transmitting it to KIA Polska and entrepreneurs who are authorized distributors (dealers) of the KIA brand in Poland and authorized service providers of KIA cars in Poland, as well as making data and content available to the User via the Application, including content transmitted by the above entities (Service).”
5. The Service is provided at the individual request of the User, which is expressed by the User registering in the Service (creating an Account), including accepting the Regulations.
6. The Service and the use of the Application are subject to a fee – the fee is an element of the price of the Car Terminal Equipment purchased for the purpose of using the Service and Application. The price of the Car Terminal Equipment also includes the remuneration of the Telecommunications Service Provider for the services provided by it in relation to the given Car Terminal Equipment.
7. The Service is provided to maintain communication between the Car Terminal Device and the User Application and to transfer data collected by the Car Terminal Device to the Application – used in turn in the Application to implement individual functions of the Application. The functions of the Application are indicated in Annex No. 1 to these Regulations. Changing the content of Annex No. 1 by adding new functions of the Application does not constitute a change to the content of the Agreement concluded between the Operator and the User.
8. In addition, the Service is provided for the purpose of collecting data on the number of kilometres travelled since the Vehicle Terminal Equipment was installed in the vehicle and for the purpose of transferring the data to KIA Polska in order to optimise the provision of necessary service services in relation to the car in which the Vehicle Terminal Equipment is installed.
9. In order to use the Service, in particular to use the Application, the User, apart from owning a KIA car equipped with the Car Terminal Device, should have an ICT system that meets the following minimum technical requirements:

   – Internet access;

   – a terminal (mobile) device with an operating system enabling the installation and launch of the Application (Android version 6.0 or newer, IOS version 11.0 or newer).

10. The User may discontinue using the Service at any time.
11. When using the Service, including the Application, the User is obliged to comply with the provisions of the law, the provisions of these Regulations, and to use them in a way that does not violate the rights of third parties and the rights of the Operator.
12. The User is obliged not to use the Service using software other than the Application, and is not allowed to modify the Car Terminal Device in any way or perform other actions that may result in overloading the operation of the Car Terminal Device, the Application, or the Treesat.io Cloud.
13. The Operator may permanently or temporarily cease providing the Service or a selected part thereof to the User in the event of a breach or reasonable suspicion of a material breach (temporarily pending clarification) or a material breach by the User of the law, the Regulations, the rights of the Operator or the rights of third parties.
14. The Service Provision Agreement is terminated at the User’s request at any time and in the cases specified in the Regulations. The request in question may be sent to the Operator via e-mail to the address: info@treesat.io – provided it is sent from the e-mail address indicated by the User within the Account.
15. The User acknowledges that termination of the Service Agreement will result in the deletion of all data relating to the User, or collected from the Car Terminal Device used by the User and collected in the course of using the Service, unless the Operator is obliged to store/process them under mandatory provisions of law. The deletion of the data referred to above, collected so far in relation to the User and the vehicle in which the Car Terminal Device assigned to the User Account is installed, will take place after 30 days from the date on which the User declared that he/she is terminating the Service Agreement.
16. The Operator is not obligated to permanently store all data collected during the use of the Service. The Operator deletes historical data older than 3 months, unless otherwise agreed with the User.

1. The provision of the Service and use of the Application requires the creation of an Account – i.e. the registration of the User in the service (Registration). During the registration, the User provides the data specified in the Application (including the identification of the vehicle in which the Car Terminal Device is installed and this device) and expresses consent to the processing of his/her personal data specified in the Application.
2. The User is not the owner or holder of the Account, and the User’s use of the Account is solely based on the agreement concluded during registration. Upon termination of this agreement, the User loses the right to use the Account.
3. The Service Provision Agreement is concluded upon Registration. The User gains access to the Account using a login and password. The User is obligated not to disclose the login and password to third parties.
4. The Agreement for the provision of the Service is terminated at the request of the User at any time and in the cases specified in the Regulations.
5. If the User has made more than one Registration, the effect of termination of the agreement for the provision of the Service at the User’s request will only occur with respect to the Account in relation to which the User has requested termination of the Agreement.
6. The User, when registering and using the Application, should provide true, accurate, complete and non-misleading data. The Operator does not verify the veracity of the data provided. The User is solely responsible for the veracity of the data provided during Registration and use of the Application, including personal data, both their own and third parties. In the event of providing third party data, the User declares that they have all the consents of these persons to provide this data, including personal data.
7. The User acknowledges that the values ​​presented in the Application and received via the Car Terminal Device are approximate values, and the Car Terminal Device is not a diagnostic device and the correctness of the data or messages presented in the Application may require the User’s cooperation. In particular, the User should periodically verify the odometer reading shown in the Application in the car in which the Car Terminal Device is installed. If these values ​​do not match, the User should correct the record presented in the Application. Furthermore, in order to receive appropriate notifications, the User should enter the appropriate dates in the Application (inspection dates, insurance period end dates, etc.).

1. The User uses the Application voluntarily and at his/her own risk. The Operator’s liability for any damages resulting from the use of the Application, and in particular its lack of functioning, as well as incorrect functioning, is excluded to the widest possible, legally permissible extent.
2. The User acknowledges that the Automotive Terminal Device collects data of an approximate, indicative nature. The accuracy of the information displayed in the User’s Application may be affected by the indicative nature of the data collected from the Automotive Terminal Device, as well as other factors, including, for example, failure to act on the User’s part (e.g. failure to reset the odometer indicating the number of kilometers – indicating the need to carry out car inspections). In the event that the User’s action is required and it is not performed – the Operator is not responsible for correctly informing the User in the Application about the car’s parameters.
3. The Operator shall not be liable for any limitations or technical problems in the IT systems used by the Users’ mobile devices, which prevent or limit the Users from using the Application and the services offered via it.
4. The Operator shall not be liable for the consequences of the following circumstances beyond its influence:

    

   1. no communication between the Vehicle Terminal Device and the Treesat Cloud in the event of using a GSM/GPS signal jamming device;
   2. lack of proper vehicle position sent by the Vehicle Terminal Device if the vehicle is in a location that prevents the acquisition of the GPS position from satellites;
   3. the Application may not function properly if the Android or IOS system installed on the User’s Mobile Device is modified in a manner that is not permitted by the software manufacturer (rooting);
   4. incorrect operation / damage to the Automotive Terminal Equipment as a result of connection to a power supply with a voltage outside the range of 10-30 V;
   5. no data transmission by the Vehicle Terminal Device as a result of the device being disconnected from the power supply of the car in which it is installed;
   6. no data transfer by the Car Terminal Device from outside the territory of the European Union (the Car Terminal Device transmits data only within the telecommunications network located in the territory of the European Union, in the case of travel outside the borders of the European Union – this device will transfer data to the Treesat Cloud after returning to the territory of the European Union),
   7. failure to transmit data or transmission of erroneous data when the operation of the device could be disrupted, directly or indirectly, as a result of changes in the rules of operation or use of the NAVSTAR GPS system introduced by the United States government, the GLONASS system introduced by the Russian government or other satellite navigation systems supported by the device;
   8. failure to transmit data or transmission of incorrect data in the event of damage resulting from incorrect or inaccurate operation of the control segment of the NAVSTAR GPS, GLONASS and other satellite navigation systems or satellites cooperating with them,
   9. discharge of the battery of the car in which the Car Terminal Device is installed, if the car is left stationary for a longer period of time (the User acknowledges that the Car Terminal Device is connected to the power supply of the car in which it is installed and communicates with the Treesat Cloud automatically).
5. The operation of the Application may be interrupted due to technical reasons, in particular those resulting from the need to maintain the Application or the supporting systems.
6. The Operator is not responsible for:

    

   1. deletion of data entered by the User into the Application or the Treesat.io Cloud via IT systems beyond the Operator’s control;
   2. consequences of the User using the Service using software other than the Application;
   3. consequences of the User disclosing his/her login and password to third parties.
7. None of the provisions of the Regulations exclude or limit the Operator’s liability for damage caused to the User intentionally.

1. The administrator of personal data is the Operator.
2. In matters concerning the protection of personal data, the User may contact the administrator through the Personal Data Protection Inspector appointed by him by e-mail sent to the following address: odo@treesat.io
3. During Registration, as well as while using the Application, the Operator may request that the User provide personal data in order to implement the services provided by the Administrator via the Application.
4. Providing personal data is voluntary, but failure to provide it makes it impossible to use certain Application Services.
5. Data processed for the purpose of implementing individual functions of the Application are described in Annex 1 to the Regulations. Processing of this data is necessary to implement the relevant functions of the Application.
6. The User’s personal data will be processed only for the following purposes and legal bases:

    

   1. related to the conclusion and performance of the Agreement and the provision of the Service and enabling the use of the Application functions, as well as considering complaints and providing answers to the User’s questions (in accordance with Art. 6 sec. 1 letter b) or f) of the GDPR);
   2. for the possible determination, investigation, enforcement or defence against claims, which is the legitimate interest of the controller, as well as for the prevention of abuse and fraud (pursuant to Article 6 paragraph 1 letter f) of the GDPR);
   3. direct marketing of the Operator’s services (in accordance with art. 6 sec. 1 letter f) of the GDPR), and if the User grants appropriate consent – ​​also for the purpose of sending marketing information by means of electronic communication, telecommunications terminal equipment and automated calling systems of entities cooperating with the Controller and for the purpose of marketing the products and services of entities cooperating with the Controller (in accordance with art. 6 sec. 1 letter a) of the GDPR);
   4. statistical and analytical research, i.e. better selection of services to the User’s needs, optimization of service processes, ensuring IT security of the Application, detecting cases of unauthorized use of services, financial analysis of the Administrator, which is the implementation of its legally justified interest in this respect (in accordance with art. 6 sec. 1 letter f) of the GDPR);
   5. storing data for archiving purposes and ensuring accountability (in accordance with art. 6 sec. 1 let. f) GDPR); The Operator, as the controller, processes the personal data of Users in compliance with the requirements 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 – hereinafter referred to as: “GDPR”), the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended), as well as the Act of 18 July 2002 on the provision of electronic services (consolidated text: Journal of Laws of 2019, item 123).
7. The Operator, as the administrator, ensures the use of appropriate technical and organizational measures to ensure the security of the processed personal data, in particular preventing access by unauthorized third parties or their processing in violation of the provisions of generally applicable law, preventing the loss of personal data, their damage or destruction.
8. The User’s personal data will be stored for the period of:

    

   1. the validity period of the Agreement concluded with the Operator, and after its termination, if such an obligation results from generally applicable provisions of law;
   2. necessary for the Operator to pursue claims in connection with its business activities or to defend against claims directed against the Operator, based on generally applicable provisions of law, taking into account the limitation periods for claims specified in generally applicable provisions of law;
   3. in the case of processing for marketing purposes – for the duration of the contract or until the User objects to such processing, depending on which of these events occurs first;
   4. in the event of consent to the processing of data for a given purpose – until the consent is withdrawn or no longer than necessary to achieve the purpose for which they were collected;
   5. for the purposes of accountability, i.e. to prove compliance with the provisions on the processing of personal data, they will be stored for the period in which the Operator is obliged to retain the data or documents containing them in order to document the fulfillment of legal requirements and enable control of their fulfillment by public authorities.
9. The User who provided the Operator with his/her personal data has the right to:

    

   1. access to your data and receive a copy thereof;
   2. rectify (correct) your data;
   3. deletion of data (the so-called right to be forgotten),
   4. restrictions on the processing of personal data;
   5. transfer your data to another administrator;
   6. object to data processing, including profiling and for direct marketing purposes;
   7. withdrawal of consent in the event that the Operator processes the User’s data based on consent, at any time and in any manner, without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal;
   8. lodge a complaint with the President of the Personal Data Protection Office if the User considers that the processing of personal data violates the provisions of the GDPR.
10. As part of the implementation of the rights referred to above, the User may apply to the Operator, as the administrator, with a request to perform specific actions. The request should be sent via e-mail to odo@treesat.io. In order to check whether the person requesting a specific operation on personal data has the right to do so, the Operator may request additional data that will allow for the verification of the identity of the person submitting the request.
11. If the User permanently deletes personal data necessary for the Operator to provide services via the Application, the User will no longer be able to use these services.
12. The Operator processes data characterizing the manner of using the services provided electronically (operational data) for the purposes of improving the use of the Application and the services provided:

    – information on the start, end and scope of each use of the Services within the Application,

    – information on the use of the Services by the User within the Application.

13. The Service Provider transfers the Users’ personal data to KIA Polska on the basis of a personal data processing agreement. The following data is transferred: engine number of the vehicle in which the Car Terminal Device is installed, serial number of the Car Terminal Device, User’s contact details. The above data is transferred for the purpose of carrying out the activities of KIA Polska and authorized KIA service centers referred to in § 2.5 above. The entity to which the Users’ personal data has been transferred is obliged to comply with applicable regulations on the protection of personal data, as well as to apply appropriate technical and organizational measures ensuring the security of the processed personal data, in particular preventing access to them by unauthorized third parties, or their processing in violation of the provisions of generally applicable law, preventing the loss of personal data, their damage or destruction. In addition, the Operator uses the services of other entities that process personal data on its behalf, in the scope of: legal services, accounting services, IT services, advertising and marketing services, maintenance and operation of the telecommunications network; support in handling correspondence and customer service. In addition, other controllers of the User’s personal data may, to a certain extent, also include certain entities processing data, in particular entities conducting payment activities (banks, payment institutions), postal or courier activities, as well as – if the User grants consent – ​​other entrepreneurs.
14. The Operator does not currently plan to transfer the User’s personal data to a third country or to international organizations (i.e. outside the EEA).

1. The User acknowledges that the Service is used to download data from the Car Terminal Device related to the location of the car in which the device is installed. The User accepts the fact that this data is processed by the Operator for purposes related to the provision of the Service, accepts the fact that this data is transferred to KIA Polska and then to authorized KIA dealers and KIA service centers.”
2. In the event of changes in the legal status of the car in which the Car Terminal Device was installed, to which the User Account was connected, as a result of which the User lost the previous legal title to use the vehicle indicated during Registration, the Service provision agreement shall be terminated and the User shall be obliged to inform the Operator of the above fact. As a result of the above, the Account shall be deleted by the Operator.
3. The Operator may ask the User to confirm that they have legal title to the car in which the Car Terminal Device to which the User refers during Registration is installed. This may happen especially if the given Car Terminal Device has already been registered within the Treesat.io Cloud.
4. The User acknowledges that the car in which the Car Terminal Device is installed, which the User uses via the Application, should be marked as to the fact of installing this device and monitoring its operation. Appropriate stickers for marking the car are delivered together with the Car Terminal Device. The User is obliged to verify the fact that the car is covered with these stickers and report any deficiencies in this respect to the Operator.

1. The User accepts that the Application may provide the User with content of a marketing nature, including KIA Motors Polska, KIA dealers and KIA services, as well as third parties, including content that may contain links to websites not operated by the Operator.
2. The Operator may offer certain additional functionalities of the Application, both of its own authorship and those of third parties – including for an additional fee.

1. The Operator has the copyright to the Application and the Treesat.io Cloud software. In addition, the Operator has the rights to know-how related to the Service provided, the Application and the Treesat.io Cloud.
2. The Operator is entitled to the proprietary rights and rights to the verbal and graphic marks Treesat, Treesat Friendly as well as to the graphic works constituting the user interface of the Application.
3. The User is entitled to use the Application solely for purposes related to using the Service and for this purpose is entitled to install the Application on the User’s End Device and maintain such an installed copy of the Application for the duration of the Agreement.

1. User support services in using the Application are provided by the Operator by telephone or e-mail.
2. Telephone support services are provided by calling 89 88 81 016. The User acknowledges that the telecommunications operator through which the telephone connection is made may charge fees for the connection.
3. Support services are provided by telephone – on weekdays from 8:00 a.m. to 4:00 p.m.
4. Support services provided via email are provided 24 hours a day, at the email address: info@treesat.io, 7 days a week, by the Operator’s on-duty support employee. Responses to inquiries are provided on a first-come, first-served basis.

1. Complaints regarding the Application, its functioning or the Services provided by the Operator should be directed to the Operator at the email address info@treesat.io. Complaints can be submitted using the functionality provided in the Application.
2. In the complaint, the User should indicate: the reason for the complaint, a description of the situation (including, if necessary, the specification of the User’s End Device and the User’s individual designation in the Application / Service – i.e. e-mail address or ID number), technical data – including the make and model of the phone, the version of the operating system and any system overlay on this system, as well as data allowing contact with the User. The Operator may ask the User to supplement the information provided in the complaint – if the information provided is insufficient to consider the complaint. If the User agrees to this during the complaint consideration – the time for providing additional explanations by the User may extend the complaint consideration period.
3. Within 30 days of receiving the complaint, the Operator shall inform the User about the result of its consideration.
4. The Operator will provide a response to the complaint – in electronic form to the email address from which the complaint was sent to the Operator. The User may indicate a different email address for the response – which should be indicated in the content of the complaint.
5. The user may use out-of-court methods of handling complaints and pursuing claims on a voluntary basis.
6. The User is hereby informed that the Service is performed in full with the express consent of the User who is a consumer – which is confirmed by the User’s Registration and for this reason, after the Operator has provided the service, the User will lose the right to withdraw from the Agreement, and the Agreement is of a continuous nature, so the above sentence applies to the Service already provided by the Operator.
7. The User acknowledges that as part of using the Application, digital content is provided to him/her, which is not saved and transferred on a tangible medium – and the User accepts this fact by completing the Registration and agrees to commence the provision of the service consisting in the transfer of such content before the deadline for withdrawal from the contract expires. In connection with the above, the Operator informs the User about the loss of the right to withdraw from the contract under the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2019, item 134).

1. The current version of the Regulations is made available by the Operator via the Application, as well as via the website at treesat.io/kia-assist, in such a way that it is possible to download, save, print, store and reproduce it. Archived versions of the Regulations are made available by the Operator on the website: treesat.io/kia-assist
2. The Operator has the right to introduce changes to the Regulations. The Operator shall inform the User about changes to the Regulations 14 days before the changes come into effect.
3. If the User does not agree to the change of the Regulations, he/she has the right to terminate the agreement for the provision of electronic services. The agreement for the provision of electronic services is terminated at the moment the Operator receives information about the termination of the agreement by the User. If the User terminates the agreement in accordance with the previous sentence – he/she will not be able to use the Application on the previous terms. Termination of the agreement by the User, at the moment the statement in this regard reaches the Operator – results in the deletion of the Account.

1. Both the User and the Operator have the right to terminate the agreement for the provision of services by electronic means at any time, without giving reasons. The declaration of termination of the agreement may be submitted in writing or by e-mail and is effective upon its delivery to the other party. The Operator, upon receipt of the declaration, will delete the User’s account.
2. In matters not regulated by the Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code (consolidated text: Journal of Laws of 2018, item 1025, as amended), 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), the Act of 10 May 2018 on the protection of personal data (Journal of Laws of 2018, item 1000, as amended), the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2017, item 123), the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2014, item 123). 2019, item 134), the Act of 4 February 1994 on Copyright and Related Rights (consolidated text: Journal of Laws of 2018, item 1191, as amended).