Definitions
- Capitalized terms in these ToS shall have the following meaning
- User - an entity for which Good Sheet provides the Service;
- Consumer - a natural person who performs a legal transaction with Good Sheet not directly related to its business or professional activity, or a natural person concluding an Agreement directly related to its business, when the content of this Agreement shows that it does not have a professional character for that person, resulting from in particular from the subject of the economic activity performed by it.
- Subscription fee - the fee that the User is obliged to pay to Good Sheet for the use of the Service;
- Good Sheet - Good Sheet Sp. z o.o. with registered headquarters in Wrocław, Henryka Sienkiewicza 34a/25 St., entered into the Register of Entrepreneurs of the National Court Register (KRS) under the number KRS 0000510335, registration files kept by the District Court Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, NIP: 6793100885, REGON: 123126326, e-mail address: piotr@goodsheet.app.
- Application - internet application available at www.goodsheet.app.
- Agreement - an agreement for the use of the Service concluded between Good Sheet and the User, the ToS of which are an integral part;
- Service - a service provided by Good Sheet to the User by electronic means on the terms set out in the ToS, consisting in making the Application available to the User via the Internet.
- The User is obliged to comply with the ToS.
- Information contained on the website of the Application or Good Sheet does not constitute an offer but an invitation to conclude an Agreement within the meaning of Art. 71 of the Civil Code; art. 661 and 682 of the Civil Code does not apply.
Copyright
- The copyrights of the Application belong to Good Sheet. As a result of the conclusion of the Agreement, Good Sheet does not transfer the copyrights of the Application to the User.
- The Application is made available to the User in the SaaS formula (Software as a Service). The User is not entitled to reproduce the Application. The use of the Application does not require additional consent from Good Sheet in the form of a separate license or transfer of proprietary copyrights. The User may use the Application and works contained in the Application only as part of the use of the Service.
Application availability
- The application allows you to manage the finances of business activities, taking into account the received and planned revenues and expenses.
- The Application uses cloud computing technology and provides the User with permanent access to data collected as part of the Application via devices that have access to the Internet, a web browser and meet the technical requirements for using the Application. The minimum technical requirements for using the Application:
- PC or Mac computer, 1.6 GHz processor, 2 GB RAM, 1280 × 768 screen resolution, Windows / MacOS / Linux operating system, Chrome / Safari / Firefox web browser;
- a mobile device such as a smartphone or tablet, 1.6 GHz processor, 2 GB RAM memory, 4 "screen, Android / iOS / Windows operating system, Chrome / Safari / Firefox web browser.
- To use the Application, the User must have access to the Internet. Internet access costs depend on the Internet Service Provider
- The application is subject to constant development and improvement by Good Sheet. Good Sheet is entitled to make changes in the functionalities of the Application, including expanding the Application with new functions, tools and solutions, as well as adapting the Application to the requirements of generally applicable law, new technological standards, introducing organizational modifications in the operation of the Application and removing identified inconvenience or threats to Users or their data.
Conclusion of the Agreement
- The User must create an account to start using the Service.
- Creating a User account requires providing at least the following User data, an e-mail address and access password. To the e-mail address provided, Good Sheet will send a confirmation of the conclusion of the Agreement and the ToS along with attachments in PDF format.
- Good Sheet provides free testing of the Application for a 14-day test period. To start testing the Application, launch the "Try it for free" link on the website www.goodsheet.app and create an account in accordance with the instructions displayed on the screen. The conclusion of a free Agreement for a trial period takes place upon the creation of the account by the User. One User may test the Application for free for one test period. The conclusion of the Agreement only for the purpose of testing the Application does not oblige the User to conclude further Agreements, and such Agreement is not subject to automatic extension and expires after the test period. Personal data entered into the Application by the User during the test period shall be deleted by Good Sheet. Good Sheet may store anonymised data entered by the User also after the end of the trial period.
- Except for the case of concluding the Agreement solely for the purpose of testing the Application, the Agreement is concluded for a fixed period of one month or a year. To start using the full version of the Application, it is necessary to launch the "Get Premium Access" link on the website www.goodsheet.app, create an account in accordance with the instructions displayed on the screen, and make a Subscription fee via the Stripe website. The User selects the duration of the Agreement by paying a monthly or annual subscription. The conclusion of the Agreement takes place when Good Sheet provides the User with full access to the Application.
- The User has the right to withdraw from the Agreement without giving reasons within 30 days from the date of the original Agreement. In the event of withdrawal from the Agreement, Good Sheet shall return to the User the full subscription paid by the User within 14 days from the effective withdrawal from the Agreement. In the event of re-conclusion of the Agreement, the User may not exercise the right to withdraw from the Agreement under the above conditions.
- After each Agreementual period for which the Agreement was concluded, the Agreement is automatically extended for another period of the same duration, unless the User resigns from the subscription before the end of the Agreement’s period. If the User resigns from the subscription after this date, the Agreement shall expire at the end of the next month of benefit. The Agreement is extended at the price in force on the date of the original Agreement and in accordance with the rules resulting from the ToS, in the wording in force on the date of extension of the Agreement. The Agreement extended in this way will be subject to the same terms and conditions, and will be extended for subsequent periods.
- While paying, the User will receive a document confirming the purchase of the Subscription. At the User's request, Good Sheet will issue an invoice and deliver it to the User's e-mail address provided by the User in the Application.
- In the event of termination of the Agreement, the personal data entered into the Application by the User shall be deleted by Good Sheet. Good Sheet may store anonymised data entered by the User also after the expiry of the Agreement.
- In any case - the conclusion of the Agreement between the User and Good Sheet in writing or by exchanging e-mail correspondence shall prevail over the arrangements resulting from the ToS. In particular - if the parties to the Agreement decide that after the expiry of the Agreement, this Agreement shall be extended according to rules other than those specified in the ToS - the Agreement shall be extended as agreed by the Parties, and if the Parties to the Agreement agree on other price parameters of the Service than those indicated on the Good Sheet website - these arrangements shall prevail.
Payment
- Detailed information on the amount of the Subscription fee charged by Good Sheet for the use of the Application can be found on the website www.goodsheet.app. Payments are made in USD.
- The Subscription fee listed on the website are the full costs incurred by users:
- for Consumers, thy are listed in gross amounts;
- for Users who are not Consumers with their registered office outside the Republic of Poland, the subscription amounts are net;
- for Users who are not Consumers with their registered office in the territory of the Republic of Poland, the subscription amounts are gross.
- In the event of any delay with the payment of the invoice, Good Sheet is entitled to block the User account created under the Application, including all access rights for the User. In this case, Good Sheet will request the User to pay the outstanding payments in full by sending an e-mail to the User's e-mail address provided by the User in the Application.
- In the event of ineffective expiry of the deadline for payment by the User of any outstanding payments, Good Sheet shall be entitled to delete the User's account and any data entered into the Application by the User.
- Good Sheet guarantees the User that the amount of the Subscription fee shall remain unchanged throughout the term of the Agreement.
- The User authorizes Good Sheet to issue and send electronic receipts invoices (including corrective invoices and duplicates) to the User's e-mail address provided by the User in the Application, without the issuer's signature, in a closed PDF file. Good Sheet will not issue invoices in paper form. Good Sheet declares that electronic invoices will be sent from the e-mail address: piotr@goodsheet.app.
Security and data protection
- The User is solely responsible for protecting the login and password used to access the Application. The user must not to disclose the password to third parties. Good Sheet is not liable for damages resulting from failure to comply with the above requirements. The User shall inform Good Sheet without undue delay of any breach of security or unauthorized use of the User's account.
- The administrator of the User's personal data is Good Sheet.
- The administrator of personal data of persons other than the User, entered by the User into the Application, is the User. The processing by Good Sheet of data relating to persons other than the User takes place on the basis of the Data Processing Agreement, constituting Annex 1 to the ToS. The appendix is an integral part of the ToS.
- Detailed information on data processing by Good Sheet is included in the privacy policy posted on the website: www.goodsheet.app.
- Good Sheet is obliged to immediately inform the User of any request for access to his data made by authorized bodies, unless informing the User is not permitted under mandatory provisions of law.
Responsibility
- Good Sheet's liability for damages towards the User is limited to the actual damage suffered within the limits of wilful misconduct and gross negligence.
- Good Sheet does not guarantee the User the continuous (uninterrupted, failure-free) operation of the Application, nor is it liable for any events resulting from
- reasons not attributable to Good Sheet, in particular those attributable to the User, third parties or entity responsible for data transmission, including reasons resulting from the malfunctioning of computer hardware, computer software or the communication system through which the User connects to App.
- the need for Good Sheet to carry out maintenance or service;
- force majeure.
Restrictions on the use of the Application
- It is forbidden to:
- send and to publish content prohibited by generally applicable law via the Application. Good Sheet is not responsible for the content sent and published by Users in the Application;
- use the Application for any illegal purposes or to promote illegal activities, including the provision of illegal content by either party;
- impersonate other Users;
- share an account in the Application with another person at the same time (i.e. violating the principle: one person - one account).
- In the event of a breach of the provisions of the ToS by the User, Good Sheet is entitled to suspend the provision of the Service upon prior notice to the User to refrain from the breach. The request will be sent to the User's address provided by the User in the Application. In the event of an ineffective expiry of the deadline, points V.3 and V.4. of the ToS shall apply accordingly.
Complaints
- Complaints related to the use of the Application should be sent to the e-mail address: piotr@goodsheet.app.
- The complaint requires justification and should be reported by the User immediately, not later than within 14 days from the date of the event justifying the submission of the complaint or from the moment when the User became aware of the occurrence of such an event.
- Good Sheet examines the complaint within 14 days from the date of receipt of the complete complaint application.
- Good Sheet informs the User about the method of settling the complaint by e-mail within 14 days from the date of considering the complaint.
Withdrawal from the Agreement by the Consumer
- Consumers have the right to withdraw from a distance Agreement within thirty days from the date of the Agreement without giving reasons.
- The consumer must submit to Good Sheet a clear statement of withdrawal from the Agreement by sending it to the company's registered office, i.e., Good Sheet Sp. z o.o., ul. Henryka Sienkiewicza 34a / 25 50-335 Wrocław; e-mail address: piotr@goodsheet.app. For this purpose, the Consumer may use the withdrawal form, which is attached as Annex 2 to the ToS. The use of the formula is not obligatory.
- To meet the withdrawal period, it is sufficient for the Consumer to send a notice of the exercise of the right of withdrawal before the withdrawal period has expired.
- If the Consumer withdraws from this Agreement, Good Sheet shall immediately, not later than within 14 days from the date of receipt of the declaration of withdrawal, return to the Consumer all payments received from the Consumer. Good Sheet will use the same means of payment to refund the money that the Consumer used for the original transaction, unless it expressly agrees with the Consumer on a different method of refund. In no event will the Consumer be charged any fees for the reimbursement of the funds deposited.
- If the Consumer has requested the commencement of the provision of Services during the period in which he is entitled to withdraw, and then submits a declaration of withdrawal from the Agreement, Good Sheet will retain the remuneration corresponding to the part of the services provided until the withdrawal from the Agreement.
- The right to withdraw from the Agreement is not granted to the Consumer if Good Sheet has fully performed the Service with the express consent of the Consumer, who was informed before the commencement of the Service that after the entrepreneur has fulfilled the Service, he will lose the right to withdraw from the Agreement.
Changes to the ToS
- Good Sheet notifies about the introduction of changes to the ToS or another act specifying the rules of using the Application by Users by making the content of the new ToS or other act referred to above available on the Application's website.
- Good Sheet reserves the right to introduce changes to the ToS, binding for the User during the term of the Agreement. Amendments to the ToS may occur in particular in the event of technological or organizational changes in the operation of the Application or changes in the technical, organizational or legal conditions for the provision of the Service. The Good Sheet notifies the User about changes to the ToS by making the content of the new ToS available on the Application's website and by sending the amended ToS to the User's e-mail address provided by the User in the Application.
- In the event of refusing to consent to the amendment of the ToS referred to in point XI.2 of the ToS within 7 days of receipt of the amended ToS, the User may demand to delete the User's account and thus terminate the Agreement without the right to request a return of the paid Subscription; The amendment to the ToS comes into force after 7 days from the publication of the new ToS on the Application website and sending the User the amended ToS, unless the User terminates the Agreement in the manner indicated in the previous sentence.
Final provisions
- In matters not covered by the ToS, the provisions of generally applicable Polish law shall apply.
- The ToS are available at www.goodsheet.app/tos in a way that enables their recording, storage and playback on the User's device.
- Disputes related to the Agreement shall be submitted to a common court having jurisdiction over the seat of Good Sheet. Consumers can use the online dispute resolution platform provided by the European Commission at https://ec.europa.eu/consumers/odr. Good Sheet is neither willing nor required to participate in a dispute resolution procedure before a consumer conciliation committee.
Appendix 2
Agreement for entrusting the processing of personal data
Definitions
- Administrator - User within the meaning of the ToS
- Processor - Good Sheet within the meaning of the ToS
- GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (general regulation on data protection) (Journal of Laws UE. No. of 2016, No. 119, p. 1);
- Agreement - an agreement for the provision of the Application service concluded between the Parties;
- Entrustment Agreement - this agreement for entrusting the processing of Users' personal data;
- Act - the Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws of 2018, item 1000)
The subject of the Agreement and the scope, purpose and nature of personal data processing
- Pursuant to Art. 28 sec. 3 of the GDPR, the Administrator entrusts the Processor with personal data for processing indicated in points 2.2.-2.3. Entrustment Agreements, and the Processor undertakes to process them in accordance with the Entrustment Agreement.
- The Processor undertakes to process personal data of the following categories of people: customers, Agreementors, suppliers of goods and services.
- The scope of personal data entrusted to the Processor includes the following ordinary data of persons indicated in point 2.2. entered by the Administrator into the Application.
- The purpose of processing personal data indicated in points 2.2.-2.3. above is the performance of the Agreement, and in particular the storage of data entered by the Administrator in the Application.
- The Processor undertakes to process personal data on a permanent basis. The Processor will in particular perform the following operations regarding the entrusted personal data: recording, ordering, storing, using (for the purposes indicated in point 2.4. Above), disclosing to other entities in accordance with the law, the provisions of the Agreement or at the request of the Administrator, deletion. Personal data will be processed by the Processor in electronic form in IT systems.
Principles of personal data processing
- The Processor may process personal data only to the extent and for the purpose provided for in the Entrustment Agreement.
- When processing personal data, the Processor undertakes to comply with the provisions on the protection of personal data, in particular the Act and the implementing provisions to this Act, as well as the GDPR.
- The Processor declares that it has the resources, experience, expertise and qualified personnel that enable it to properly perform the Entrustment Agreement and implement appropriate technical and organizational measures so that the processing meets the requirements of the Act and the GDPR.
- The Processor declares that he has taken effective technical and organizational measures to protect personal data against disclosure to unauthorized persons, removal by an unauthorized person, processing in violation of the law and damage, destruction, loss or unjustified modification. The Processor declares that the measures applied by it remain compliant with the GDPR, the Act and the ToS issued on its basis.
- The Processor undertakes to keep the personal data and methods of securing them confidential, including after the termination of the Entrustment Agreement, and undertakes to ensure that its employees and other persons authorized to process the entrusted personal data, undertake to keep the personal data and methods of protection confidential. their security, including after the termination of the Entrustment Agreement.
- The Processor is obliged to notify the Administrator immediately about:
- initiation of control by the President of the Personal Data Protection Office or by another supervisory authority dealing with the protection of personal data in connection with entrusting the Processor with the processing of personal data, as well as any administrative decisions or provisions issued against the Processor in connection with the above;
- initiated or pending administrative, court or preparatory proceedings related to entrusting the Processor with the processing of personal data, as well as any decisions, rulings or judgments issued against the Processor in connection with the above;
- any incidents relating to the personal data entrusted to the processing by the Processor, including obtaining accidental or unauthorized access to the entrusted personal data, cases of change, loss, damage or destruction of the personal data entrusted to the Processor;
- The Processor will not transfer personal data entrusted to him for processing to entities located in countries outside the European Economic Area.
Sub-entrustment
The Administrator agrees to further entrust (the so-called sub-entrustment) of the processing of personal data being the subject of the Entrustment Agreement by the Processor to subAgreementors.
Administrator's control rights
- The Administrator or an external auditor authorized by him has the right to inspect the Processor's compliance with the rules for the processing of personal data referred to in the Entrustment Agreement and in the applicable law, in particular by requesting information regarding the processing of personal data by the Processor, technical and organizational measures applied. for the processing to take place in accordance with the law or to carry out inspections in places where the entrusted personal data are processed, after prior agreement of the date by the Parties 10 days before the planned inspection. The Processor will take the necessary steps to enable the Administrator to exercise this right.
- The Processor is obliged to comply with the Administrator's lawful recommendations regarding the principles of processing entrusted personal data and regarding the improvement of personal data security, prepared as a result of inspections carried out by the Administrator or an auditor authorized by him
Implementation of the entrustment agreement
- The Processor undertakes to process personal data in accordance with the Entrustment Agreement and other documented instructions of the Administrator, and such documented instructions are instructions sent electronically or in writing.
- The Processor undertakes:
- implement appropriate technical and organizational measures to ensure that the processing of personal data meets the requirements of the GDPR and protects the rights of data subjects, including technical and organizational measures ensuring the security of processing referred to in art. 32 GDPR;
- taking into account the nature of the processing and the information available to him, assist the Administrator in fulfilling the obligations set out in art. 32-36 GDPR; in particular, the Processor undertakes to provide the Administrator with information and carry out its instructions regarding the measures to secure the entrusted personal data, cases of breach of personal data protection subject to the Entrustment Agreement and notifying the supervisory authority or persons whose personal data relates to it, conducting a data protection impact assessment, and to carry out prior consultations with the supervisory authority and implement the authority's recommendations;
- provide the Administrator, within 24 hours of the detection of the event, with information about a breach of protection of personal data entrusted to the Processor, including information necessary for the Administrator to report a breach of data protection to the supervisory authority referred to in art. 33 paragraph 3 GDPR, such notification should be made to the e-mail address provided in the Agreement.
- if possible, help the Administrator, through appropriate technical and organizational measures and on the basis of separate arrangements, in fulfilling the obligation to respond to the requests of data subjects in the exercise of their rights set out in Chapter III of the GDPR;
- immediately inform the Administrator if, in the opinion of the Processor, the order issued to him constitutes a breach of the GDPR or other data protection ToS;
- follow any instructions or recommendations issued by the supervisory authority or the EU advisory body dealing with the protection of personal data regarding the processing of personal data, in particular with regard to the application of the GDPR.
- follow any instructions or recommendations issued by the supervisory authority or the EU advisory body dealing with the protection of personal data regarding the processing of personal data, in particular with regard to the application of the GDPR.
Final provisions
- This Entrustment Agreement comes into force on the date the Administrator accepts the ToS and is concluded for the duration of the Agreement.
- In the event of termination of the Agreement, the Processor is obliged to delete all personal data entrusted under the Agreement, except for personal data, the obligation of further processing of which results from the provisions of generally applicable law. The deletion of data should be confirmed with an appropriate protocol. The administrator consents to the storage by the Processor of anonymised data also after the expiry of the Entrustment Agreement.
- If the Act is repealed in whole or in part, all references to it in the Entrustment Agreement should - as far as possible - be treated as references to the relevant provisions of the GDPR. For the avoidance of doubt, the Parties agree that in the event of the Act being repealed, the Parties will not be obliged to meet the requirements indicated therein.
Appendix 2