I. GENERAL PROVISIONS

  • 1. These Terms and Conditions (hereinafter: "Terms") define the rules for using the MOTO SOS mobile application, as well as for the provision of electronic services via the application.
  • 2. The Terms contain the rules for the provision of electronic services by the Service Provider within the meaning of Art. 8 of the Act of July 18, 2002 on Providing Services by Electronic Means (i.e., Journal of Laws of 2019, item 123, 730 as amended).
  • 3. The terms used in these Terms have the meanings given below:
    • Application – software under the name MOTO SOS provided by the Service Provider, installed in the Device's memory, functioning on the MOTO SOS Platform.
    • Services – services provided electronically by the Service Provider via the Application described in points 1.4-1.6 of the Terms.
    • MOTO SOS Platform – the IT environment on which the MOTO SOS Application functions, and the website www.motosos.eu managed by the Service Provider.
    • User – a natural person, legal person, or an organizational unit without legal personality, who uses the service provided electronically by the Service Provider.
    • Service Provider, Controller – Dariusz Drabek, ul. Cypriana Kamila Norwida 28A, 08-110 Siedlce, telephone 883003636, email address: kontakt@motosos.org.pl
    • Device – an electronic device allowing for processing, receiving, and sending data, such as a smartphone, tablet, mobile phone, laptop.
    • License – an agreement for the use of the Application, concluded on the terms specified in section IX of the Terms between the Service Provider and the User at the moment of installing the Application, regulating the rules under which the User may use the Application.
    • 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).
  • 4. The basic services provided via the Application are:
    • exchange of road information between Application Users,
    • navigation service, taking into account information about traffic volume,
    • searching for and rating service points,
    • recording recently traveled routes,
    • registering requests for help,
    • sharing location with other users in the GROUP function,
    • sharing location with other users while asking for help,
    • sharing data about offered help on the social map.
  • 5. Downloading the Application from stores dedicated to specific software, as well as using most of the Services offered through it, is free of charge. In a situation where using a Service involves an obligation to pay, the User will be clearly notified of this at the time of placing the order.
  • 6. The Application and all materials and information contained therein, map and navigation solutions, selection and layout of content presented within the Application, logos, graphic elements, trademarks, constitute the subject of exclusive rights of the Service Provider or its business partners.
  • 7. The Service Provider reserves the right to place promotional or marketing materials in the Application originating from the Service Provider or third parties.
  • 8. The Service Provider, as part of cooperation with various partners, may make various services available to Users within the Application. The rules for providing electronic services within these services are determined by the individual regulations of these services. Use of the offered services requires reading and accepting the individual regulations. In the event of a conflict between these Terms and the regulations of individual services, the provisions of the regulations of individual services shall apply. In matters not covered by the regulations of individual services, the provisions of these Terms shall apply.
  • 9. The Service Provider does not share the email address and phone number with third parties and entities.
  • 10. The User voluntarily shares their phone number on the Social Map and when asking for help.

II. TECHNICAL REQUIREMENTS AND ACCESS RULES

  • 1. The Application is available to all Device users who download it from an application store, install it, and correctly launch it on the Device.
  • 2. The Application is available for iOS and Android platforms.
  • 3. To launch and ensure the correct operation of the Application, it is necessary to at least activate the following device functions:
    • active internet connection,
    • active GPS service.
  • 4. In order to use some optional functions of the Application, it may be necessary to run the Bluetooth service in the background on the Device.
  • 5. The content of the Terms is provided to the User free of charge upon the first launch of the Application on a mobile Device. Upon the first launch of the Application on a mobile Device, the User is obliged to read the Terms. Acceptance of the Terms is voluntary, however, it constitutes a condition for using the Application.
  • 6. Upon acceptance of the Terms, an agreement for the provision of electronic services is concluded between the Service Provider and the User. The agreement is concluded for an indefinite period.
  • 7. In order to use the Application, it is necessary to register (create a User account).
  • 8. To register via the Application, the User is obliged to provide the following data in the registration form in the Application:
    • nickname or Name
    • email address,
    • mobile phone number
    • password.
  • 9. When registering an account and using the Application, the User should provide true, accurate, complete, and non-misleading data. The Service Provider verifies the truthfulness of the provided data. The User bears sole responsibility for the truthfulness of the data provided during registration and use of the Application, including personal data, both their own and that of third parties. In the case of providing data of third parties, the User declares that they have all consents of these persons to provide such data, including personal data.

III. INTEGRATION WITH OTHER ACCOUNTS

No possibility of integration with other external accounts.

IV. GENERAL RULES FOR USING THE APPLICATION

  • 1. The Service Provider provides Services on the terms specified in the Terms.
  • 2. The Service Provider reserves the right to introduce separate regulations defining the rules for using a given service.
  • 3. Users are obliged to use the Application in a manner consistent with applicable law, the Terms, the License, the regulations of services and the regulations of the stores from which the Application was downloaded, as well as with the principles of social coexistence, including general rules for using the Internet and mobile applications, and with respect for the rights of third parties and the Service Provider.
  • 4. Users are obliged in particular to:
    – use the Application in a manner that does not disrupt its functioning,
    – use the Application in a manner that is not burdensome for other Users and the Service Provider, respecting the personal rights of third parties (including the right to privacy) and any other rights they are entitled to,
  • 5. The User is obliged not to provide content of an unlawful or offensive nature, content whose publicity has been excluded, content violating the personal rights of third parties, inciting the commission of a crime, as well as vulgar statements or statements incompatible with the seriousness of the Service Provider, as well as content of an advertising nature without the Service Provider's consent.
  • 6. Users are obliged to immediately notify the Service Provider of any case of violation of their rights in connection with the use of the Application. Notification can be sent by email to the address kontakt@motosos.org.pl.
  • 7. In the event of finding that the User is committing actions prohibited by law or the Terms, or violating the principles of social coexistence or harming the justified interest of the Service Provider, the Service Provider may take any legally permitted actions, including limiting the User's ability to use the Application and Services provided through it.
  • 8. The Service Provider is not liable for the User's use of the Application in a manner inconsistent with the provisions of the Terms.

V. MOTO SOS ABROAD (RISKS RELATED TO USING THE APPLICATION)

  • 1. The Service Provider ensures the possibility of using the Application outside the territory of the Republic of Poland. Outside the area of the Republic of Poland, the Application functions on the same principles as in Poland, subject to the paragraphs of this section.
  • 2. The Service Provider reserves that some functions of the Application may be unavailable abroad.
  • 3. The Service Provider hereby informs that the legislation of countries other than the Republic of Poland may provide for sanctions for using the Application, including in particular fines.
  • 4. It is the duty of the User who uses or intends to use the Application outside the territory of the Republic of Poland to familiarize themselves with the content of regulations applicable in the country where they use or intend to use the Application. Using the Application without knowledge on the part of the User regarding its legality in a given country or using the Application with simultaneous knowledge of the User about its lack of legality in a given country takes place at the sole responsibility and risk of the User, which the User acknowledges and consents to by accepting these Terms.
  • 5. To avoid any doubts in this regard, the Service Provider is not liable for unlawful use of the Application in a country other than the Republic of Poland, in which country the use of so-called radar detectors or other similar devices or applications is not allowed, to which the User consents by accepting the Terms.
  • 6. The Service Provider informs that data transmission necessary for the correct functioning of the Application outside of Poland may involve additional fees introduced by the telecommunications operator, which the User will have to cover on their own.

VI. LIABILITY OF THE SERVICE PROVIDER

  • 1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring its correct operation. However, the Service Provider does not guarantee the constant availability of all Application functions, as well as their error-free operation.
  • 2. The User uses the Application voluntarily, at their own responsibility. The liability of the Service Provider for any damages arising in connection with the use of the Application, and in particular its lack of functioning, as well as incorrect functioning, is excluded to the fullest extent permitted by law.
  • 3. The Service Provider is not liable for limitations or technical problems in telecommunications systems used by Users' devices, which prevent or limit Users from using the Application and Services offered through it. The Service Provider is not liable for the quality, performance, or accuracy of the Application that is unsatisfactory to the User.
  • 4. Interruptions in the operation of the Application may occur due to technical reasons, in particular resulting from the necessity of maintenance of the Application or supporting systems. The Service Provider will inform about a planned interruption in the operation of the Application by posting appropriate information in the Application.
  • 5. The provision of Services may be interrupted in the event of improper connection quality, damage or defects of telecommunications devices, power systems, computer hardware, telecommunications network failure, power outages, or any action of third parties during the transaction.
  • 6. The Service Provider has the right to block access to the Application or individual Services in the event of finding irregularities in the use of the Application, in particular the occurrence of circumstances that could expose the User or the Service Provider to damage. The Service Provider is not liable for the temporary suspension of access to the Application for the period necessary to remove the existing threats or irregularities.
  • 7. Using the Application in no way releases the User from the obligation to comply with traffic regulations, and the Service Provider cannot be held liable for their violation by the User. The Service Provider is also not liable for information provided via the Application by other Users.
  • 8. The Service Provider is not a data transmission service provider. The costs of data transmission required to download, install, launch, and use the Application are covered by its Users on their own based on contracts concluded with telecommunications operators or another Internet provider. The Service Provider is not liable for the amount of fees charged for the use of data transmission necessary to use the Application. The Service Provider recommends that Application Users use applications or operating system functions involving the measurement of transmitted data.

VII. TERMINATION OF USE OF THE APPLICATION

  • 1. Both the User and the Service Provider have the right to terminate the agreement for the provision of electronic services at any time, without giving reasons. The statement of termination of the agreement may be submitted in writing or via the email address kontakt@motosos.org.pl and is effective upon its delivery to the other party. The Service Provider, upon receiving the statement, will remove the User's account.
  • The User may also delete the account in the application, which is equivalent to a statement of termination of the agreement in writing or sent via email address.

VIII. PERSONAL DATA PROCESSING

  • 1. The Administrator of personal data is the Service Provider, i.e., Dariusz Drabek, ul. Cypriana Kamila Norwida 28A, 08-110 Siedlce, telephone 883003636, email address: kontakt@motosos.org.pl.
  • 2. Providing personal data is voluntary, however, the lack thereof prevents the use of individual Application Services.
  • 3. The Administrator processes Users' personal data in compliance with the requirements of the GDPR, the Act of May 10, 2018 on Personal Data Protection (Journal of Laws: 2018, item: 1000 as amended), as well as the Act of July 18, 2002 on Providing Services by Electronic Means (i.e., Journal of Laws of 2019, item 123 as amended) and the Act of July 16, 2004 Telecommunications Law (i.e., Journal of Laws 2004 No. 171 item 1800, as amended).
  • 4. The Administrator ensures the application of appropriate technical and organizational measures ensuring the security of processed personal data, in particular preventing access to them by unauthorized third parties, or their processing in violation of generally applicable laws, preventing loss of personal data, their damage, or destruction.
  • 5. The rules for processing personal data have been regulated in the Privacy Policy.

IX. INTELLECTUAL PROPERTY

  • 1. All rights to the Application, including its various functionalities, in whole and in parts, in particular to text, graphic, multimedia elements, and elements of programming applications generating and supporting the Application, including copyrights, related rights, industrial property rights, and any derivative rights required in a given situation (licenses) belong to the Service Provider.
  • 2. Upon downloading the Application and acceptance of the Terms by the User, the Service Provider grants the User a non-exclusive license to use the Application in accordance with its purpose ("License"). The License is non-transferable and is granted for the duration of use by the User of the Application in accordance with its purpose and in a manner consistent with these Terms.
  • 3. The License referred to in para. 2 above does not authorize the User to grant further licenses.
  • 4. Transferring content contained in the Application to third parties is permissible exclusively using the tools contained in the Application and intended for this purpose.
  • 5. The User is not entitled to actions going beyond the scope of the License, in particular to decompilation and disassembly of the software functioning within the Application or reverse engineering its source code.
  • 6. The User has no right to reproduce, sell, or otherwise market or distribute the Application, in whole or in parts, in particular to send or make it available in computer systems and networks, mobile application distribution systems, or any other telecommunications systems.
  • 7. In the event of a violation by the User of the rules for using the Application or the conditions of the granted License, the Service Provider shall be entitled to block the User's access to the Application and revoke the granted License to use the Application. The above does not prejudice the Service Provider's right to take other appropriate and legally provided actions in connection with the committed violation.

X. AMENDMENT AND ACCESS TO THE TERMS

  • 1. The Service Provider has the right to amend the Terms.
  • 2. The Service Provider informs Users about the amendment to the Terms at the start of the Application, displaying the content of the amended Terms and asking Users to submit a statement that they have read the Terms and accept their provisions.
  • 3. In the event that the User does not agree to the amendment of the Terms, they have the right to terminate the agreement for the provision of electronic services. The agreement for the provision of electronic services is terminated upon the Service Provider obtaining information about the termination of the agreement by the User.
  • 4. In the event of non-acceptance of changes to the Terms, the User may not use the Application on the existing terms. The Service Provider, upon receiving the statement of termination of the agreement, will immediately remove the User's account.
  • 5. The Service Provider ensures access to the Terms via the Application in such a way that it is possible to download, save, and print it.

XI. FINAL PROVISIONS

In matters not covered by the Terms, the relevant provisions of Polish law shall apply, in particular the Civil Code (i.e., Journal of Laws of 2017, item 459 as amended), GDPR, the Act of May 10, 2018 on Personal Data Protection (Journal of Laws: 2018. item: 1000), the Act of July 18, 2002 on Providing Services by Electronic Means (i.e., Journal of Laws of 2017, item 1219 as amended), the Act of May 30, 2014 on Consumer Rights (i.e., Journal of Laws of 2017, item 683), the Act of September 11, 2015 on Insurance and Reinsurance Activity (i.e., Journal of Laws of 2017, item 1170 as amended), the Act of May 22, 2003 on Insurance Mediation (i.e., Journal of Laws of 2016, item 2077 as amended), the Act of February 4, 1994 on Copyright and Related Rights (i.e., Journal of Laws of 2017, item 880 as amended), the Act of July 16, 2004 Telecommunications Law (i.e., Journal of Laws 2004 No. 171 item 1800, as amended).