Terms and conditions
Terms and Conditions for the provision of Vivelio services via electronic access channels
The Terms and Conditions apply to services available through the Vivelio service and the provided by:
Nivalit sp. z o.o., based in Kraków, address:
ul. Wadowicka 6/67, 30-415 Kraków, registered
in the National Court Register – register of entrepreneurs kept by the District Court for the Kraków-Śródmieście, XI Commercial Division of the National Court Register under KRS number: 0000857093, with share capital of PLN 50,000 PLN, NIP 6762584557, REGON: 386863710, phone number: +48 737 301 685, e-mail: email@example.com („Nivalit”).
- These Terms and Conditions define the conditions of use and functioning of the Vivelio service, as well as the rights and obligations of Users, obligations and the scope of responsibility of the Service Provider of the Vivelio internet-based service.
- Provisions of these Terms and Conditions constitute terms of service provision for a Vivelio service provided by electronic means as per art. 8 section 1 item 1) of the Act of July 18, 2002 on provision of services by electronic means.
Whenever the following terms appear in the Terms and Conditions, they should be understood as follows:
- Service Provider – Nivalit sp. z o.o., based in Kraków, address: ul. Wadowicka 6/67, 30-415 Kraków, registered in the National Court Register – register of entrepreneurs kept by the District Court for the Kraków-Śródmieście, XI Commercial Division of the National Court Register under KRS number: 0000857093, with share capital of PLN 50,000 PLN, NIP 6762584557, REGON: 386863710.
- Ordering Party – the entity which has concluded the Agreement with Nivalit and orders provision of the Service.
- Service – access to the Vivelio application, provided to the Ordering Party on the basis of the terms and conditions defined within these Terms and Conditions.
- Application or Vivelio – a software application installed on the servers of the Service Provider, made available through a web browser following user authentication with the use of a username and a password under the web address assigned to the Ordering Party.
- User – a person in possession of an individual username and password which allow them to use the Application
- Console – individual access to the Application arranged for the Ordering Party to managing with the use of the Application and a set of configuration settings. Within one Console the Application may be used by many Users, who are granted individual access by the Ordering Party.
- Administrator – a User with the highest possible level of user rights for the Console.
- Password– an individual access password, created by the User in accordance with the Terms and Conditions.
- Login– created by the User, individual and unique marking of the User, in the form of an e-mail address, used to gain access to the Service.
- User Account – Individual access of the given User to the Application, defined by their Username, Password, level of user rights and possibly having an expiry date, that is a date after which Access to the application for the given User will be blocked or limited.
- Agreement – the agreement between the Service Provider and the Ordering Party, based on which the Service Provider is obliged to provide the Service, and the Ordering Party is required to make payments of the fee for using the Service.
- Package – the selected by the User variant of the Application, which influences the scope of functions, possible limitations and the price of the Service. The scope of the provided Service and price of the Service depend on the number of Users and the selected Package which defines the chosen variant of the Application.
- Terms and Conditions– these Terms and Conditions for the provision of services via Electronic Access Channels by Nivalit sp.
z o.o., regulating the use of the Vivelio service by the Ordering Party and the User of the Service, provided by Service Provider.
- These Terms and Conditions specify, in particular:
- the scope of the Application features and information available through it for the Users;
- the technical requirements for using the Application;
- the rules for concluding and withdrawing from the contract regarding the use of the Application;
- the rules for submitting and processing complaints regarding the Application’s operation.
- The User must refrain from any activity that could have a negative impact on the proper functioning of the Application, in particular from any interference in the content of the Application or its technical elements. It is also forbidden to use the Application for purposes contrary to its intended use.
- Using the Application may be free for the User – under separate agreement.
- The costs of connecting to the Application via the Internet, telephony or other methods of data transmission, are borne by the User.
- The Ordering Party and The User are obliged to provide genuine information in the process of registration.
- The Ordering Party has the right to take advantage of free technical support for using the Application through the electronic mail via firstname.lastname@example.org
- The Ordering Party and Users of the Application are obliged not to upload any content which is forbidden by the provisions of the law, particularly any content which promotes violence, libel, or violates personal rights or legal rights of any third persons.
- The Ordering Party and Users are obliged to use the Service in compliance with the provisions of these Terms of Service.
- The Ordering Party is obliged to make timely payments of fees for using the Service.
- If the Ordering Party does not make sufficient payment for provision of the service in accordance with the terms defined within the selected Package within the duration of the trial period, it is assumed that they shall cease using the Service at the end of the trial period and the Service Provider has the right to permanently remove their account, along with all data and backups, and return the internet address under which the Application was made available to the Ordering Party to the pool of available addresses.
- In case the limits available for the given Package are exceeded, the possibility to use the Service will be limited, in the scope in which further use of the application, would mean the limits would be further exceeded. In case of using a Package, in which limits are shared between different Users, the Ordering party can increase the scope of particular limitations by increasing the number of Users used within the Application.
- The Application provides the Users access to his own profile and the profiles of other people using the services of Nivalit, if he/she is authorized to do so by the Administrator.
- On their own profile, Users may have access to the following Application features:
- viewing a questionnaire results;
- completing a questionnaire;
- preparation of a questionnaire;
- uploading of a questionnaire;
- correction of a questionnaire.
ACCESS TO APPLICATION
- Using the Service is possible with the use of a device with access to the internet and an internet browser, version and type of which is included in the list of supported internet browsers.
- The Vivelio can be accessed from https://vivelio.eu. In order to use the Vivelio, it is necessary to have one of the following browsers: Chrome 57+, Firefox 57+, Safari 10.1+, Opera 44+, Edge 16+, or Internet Explorer 11+.
- The Ordering Party is obliged to provide its Users with a device mentioned above, access to the internet and the proper version of the internet browser on their own account.
- In order to gain full access to the Application, the User must personally use the Login and the Password.
- The Password is created by the User. issued by The Password shall be known only to the User.
- Nivalit is not responsible for any consequences related to sharing the Application password with a third party and/or not taking proper steps to protect the password against access by any third party.
- In the event of revealing the personal access Password, the User should immediately report this fact to the Administrator. Access to the Application shall be blocked immediately by the Administrator.
- The Application offers Password reminders in case the User forgets his/her Password. The User is then required to enter his/her Login. The system will send a one-use link which will be active for 10 minutes to the e-mail address provided by the User during registration.
- The User shall ensure that the e-mail address provided is always up-to-date and is the correct address to which the temporary Application password should be sent.
- The User is required to inform Nivalit immediately about any breach of his/her rights to the Login and/or Password.
- In order to increase the level of security of personal data processed while using the Application, Nivalit recommends changing the password every 30 days.
AGREEMENT, USE OF SERVICES AND PAYMENTS
- Agreement may be concluded for specified time – minimum one year or more (Selected Settlement Period).
- Agreement shall be concluded from the purchase.
- Ordering Party shall select the Package and number of Users upon purchase. Ordering Party shall select given Package for all Users.
- Fee under the Agreement shall be paid in advance for the selected Package and number of Users, for whole Selected Settlement Period (Once-off Fee) or monthly (Monthly Fee). The Service Provider may apply various discounts, depending on the type of payment.
- Access to the Service is available for a definite period consisting of monthly cycles, after paying the appropriate fee.
- In the case of the Once-off Fee, the Ordering Party receives access to the Service for whole Selected Settlement Period. In the case of Monthly Fees, the Ordering Party receives access to the Service for a period of one.
- The Ordering Party may extend the Package or increase the number of Users during the term of the Agreement. Extension of the Package or increasing of number of the Users requires the payment of a supplementary fee and does not extend the duration of the Agreement.
- The supplementary fee for the extension of the Package or increasing of number of the Users may be:
- paid once upon purchase of the extension (in the case of an Agreement with an Once-off
- paid in a given month proportionally and added to the monthly fees in the next monthly cycles (in the case of an Agreement with a Monthly Fee).
- paid once upon purchase of the extension (in the case of an Agreement with an Once-off
- If the Ordering Party’s Package allows the purchase of Insight Answers, the Ordering Party may purchase them and pay the fee immediately. Purchased Insight Answers can be used in a given monthly cycle and until the end of the next monthly cycle, unless the Agreement is terminated earlier.
- Lack of payment for the use of the Services may result in blocking the use of the Service. Payment of the overdue fee does not extend the Agreement.
- Before the end of the Agreement, the Ordering Party may extend the duration of the Agreement on the existing terms or make appropriate changes (sec. 3 to sec. 6 above, shall apply accordingly).
- The fee for the Service may be paid in one of three selected currencies: USD/EUR/PLN.
PERSONAL DATA PROTECTION
- The personal data provided by Users on the Application are processed by Nivalit sp. z o.o., based in Kraków, address: ul. Wadowicka 6/67, 30-415 Kraków, registered in the National Court Register – register of entrepreneurs kept by the District Court for the Kraków-Śródmieście, XI Commercial Division of the National Court Register under KRS number: 0000857093, with share capital of PLN 50,000 PLN, NIP 6762584557, REGON: 386863710, phone number: +48 737 301 685, e-mail: email@example.com („Personal Data’s Controller”).
- Providing personal data by the User is voluntary, however, necessary to use the Application.
- The User has the right to access their personal data and to correct and delete them.
- Personal data can be corrected or deleted on the basis of a request sent to the Personal Data’s Controller.
- When submitting the data, the User declares that the personal data provided by them pertains to them.
- Nivalit is not the Personal Data’s Controller in case of the personal data provided by User. In this scope, Nivalit is processor of personal data provided by the User.
CONCLUSION AND WITHDRAWAL FROM THE CONTRACT
- The condition for concluding the Agreement regarding the use of the Application by the User is acceptance of these Terms and Conditions.
- The Ordering Party may withdraw from the Agreement without providing a reason within 14 days of the date of making the purchase. The request to withdraw from the Agreement should be sent to the email address: firstname.lastname@example.org.
- A statement submitted after the deadline, referred to in sec. 2 above, is ineffective.
- If the Service has been partially performed at the time of withdrawal, the Ordering Party will receive a pro-rated refund of the amount paid.
- Upon withdrawing from the Agreement, the Users may no longer use the Application.
- In case of questions or reservations regarding the use of the Application, the User may submit a complaint in electronic form to the following address: email@example.com .
- A correctly submitted complaint should contain the User’s details (name, surname) and a description of the problem that is the basis for the complaint.
- Upon receipt of the complaint, Nivalit will immediately take steps to clarify the matter and within 30 days respond by the e-mail address provided in the letter.
- Nivalit is obliged to provide the Service with the highest degree of professional care and in compliance with the standards defined herein.
- Nivalit does not bear any responsibility for the consequences of the Ordering Party disclosing usernames and passwords to any third parties.
- Nivalit shall not be liable for any technical problems or limitations occurring on the Devices, teleinformation system or telecommunications infrastructure used by the User.
- The Ordering Party and the User shall be jointly and severally liable for any content entered into the Application – especially the liability includes claims pertaining to copyright.
- It is prohibited to copy, modify or distribute the Application in full or in part, modify or use it in any other way than defined within the Terms of Service, without a written consent of the Service Provider.
- Nivalit reserves the right to make changes to these Terms and Conditions.
- All changes to these Terms and Conditions will be communicated to the User no later than 2 weeks before the proposed date of entry into force of the changes. For this purpose, Nivalit will inform the User of the changes to these Terms and Conditions by e-mail and by posting a message on the Vivelio website.
- In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and other provisions of Polish Law shall apply.
- These Terms and Conditions shall enter into force on 31st March 2023.