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WombackDrive Terms and Conditions

General provisions

  • These regulations define the general rules for using the WombackDrive service (hereinafter referred to as the "Service"), supplied electronically using the WombackDrive application (hereinafter the "Application") and the WombackDrive portal (hereinafter the "Portal).
  • The owner of the Application and the Portal, as well as an entity which provides the Service, is Skytechnology sp. z o.o., seated in Warsaw, ul. Głogowa 21, 02-639 Warszawa, entered in the National Court Register (KRS) under no. 0000426381, tax identification number (NIP) 5213633370, statistical identification number (REGON) 146200533 (hereinafter "Skytechnology")
  • Using the Application or the Portal is possible only after an agreement on the provision of electronically supplied services is concluded between Skytechnlogy sp. z o.o. and the User. Conclusion of the aforementioned agreement is possible after the User is registered as the User of the Portal and accepts these Terms and Conditions.

Part A

  1. Definitions:
    1. Service Operator - Skytechnology sp. z o.o.
    2. Service - electronically supplied service that gives access to the WombackDrive Account. Specification of the Service is available at a website www.drive.womback.com.
    3. Portal - website presenting information about the company and its services and providing the User with an access to his or her Data.
    4. Application - WombackDrive software.
    5. Service’s Server - computer storing the User Data, located in Skytechnology’s server rooms.
    6. Client - legal or natural person who has purchased an account or uses a free account.
    7. User - legal or natural person who uses the Service.
    8. Account - separated space within the WombackDrive System, dedicated to the User or the Client.
    9. Accounts Database - a set of WombackDrive Account User’s data, collected and processed in an orderly way by the Service Operator, as a personal data administrator, according to the Act of August 19th, 1997 on the protection of personal data (Dz. U. Nr 133, poz. 883), in order to provide an Access Service to the WombackDrive Account.
    10. Payment System - system of payments via telecommunication connections, used for paying charges for using the Service.
    11. Data - graphic and music files, documents, videos and other data, which can be stored by the User within the Service.

Part B

  1. The Application, the Portal as well as solutions they employ are a property of Skytechnology sp. z o.o. seated in Warsaw.
  2. Data stored by the User on his account is the property of the User.
  3. Rights mentioned in passages 1 and 2 of this paragraph are protected under the Act of February 4th, 1994 on copyrights and related rights.

§ 1

WombackDrive service activation

  1. Preconditions for the use of the Service:
    • concluding an agreement on the provision of services between Skytechnology and the User,
    • User’s acceptance of these Terms and Conditions,
    • User’s registration,
    • issuing payments for the use of the Service or choosing a free variant.
  2. Agreement on the provision of electronically supplied services is concluded through an electronic registration form at the website www.drive.womback.com.
  3. By accepting these Terms and Condition the User declares that:
    • he or she has read these Terms and Conditions and agrees to be bound by them,
    • all the data having a status of personal data are saved by him or her within the Service in a conscious and voluntary way.
  4. After an agreement on the provision of services is concluded, registration within the Service is correctly completed, and these Terms and Conditions are accepted, an activation link is automatically send to the email address provided by the User. Clinking on that link activates the Service.
  5. Payment for using the Service is issued via PayPal or Dotpay payment systems, located on the website www.drive.womback.com.
  6. Both paid and free variants of Womback Account are activated immediately. From that moment the User is entitled to fully use the Service (if the payment is not sent within 3 days, paid account is blocked until the payment is made).
  7. Commercial use of the Service requires purchasing an account. Only paid accounts are subjected to a commercial license. Commercial license is necessary for using the Service for commercial purposes.

§ 2

WombackDrive security

  1. Skytechnology sp. z o.o., seated in Warsaw, ensures the security of User’s data and prevents this data from being accessed by a third party. Apart from selected administrators, no one is permitted to access the server room.
  2. Security of data saved on the User’s account is ensured by using the User’s Password and User’s Login (email address) as a way to authorize the access to the account.
  3. Security of data is ensured by an encrypted transfer of data.

§ 3

Terms of using WombackDrive

  1. From the level of his or her account, the User can manage the data saved on this account. Managing includes browsing, modifying and deleting the data, as well sharing it with a third party. Sharing with a third party is done at the User’s discretion, and on the User’s own responsibility.
  2. User is forbidden from saving on his or her account any content which breaches the rights of others, is incompatible with the law, good and ethical manners or principles of social co-existence. Skytechnology is permitted to delete such content, if it acquires knowledge that it has been saved on the Account.
  3. User is forbidden from:
    • introducing viruses, worms, internet programs and others codes and instructions with an aim of causing a malfunction, deleting the data or damaging WombackDrive infrastructure.
  4. In order to use the Service provided by Skytechnology the User must have the necessary hardware (a computer with an access to the internet) and software (an up-to-date version of one of the following internet browsers: Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Safari).
  5. After the User has met all the conditions specified in this Terms and Conditions, Skytechnology guarantees that the User has access to his or her Account for a minimum of 98% of a month’s time.
  6. Skytechnology sp. z o.o. is not liable for the content saved on the User’s account.
  7. Skytechnology sp. z o.o. is not liable for any damage caused by a malfunction of the Portal or the Account not caused by Skytechnology sp. z o.o., including malfunctions caused by telecommunication operators.
  8. Skytechnology sp. z o.o. is not liable for the loss of the data stored on the Account, caused by a hardware malfunction, communication and information systems malfunction or any other circumstances independent of Skytechnology sp. z o.o. Skytechnology sp. z o.o’s liability for damages resulting from a failure to perform or the undue performance of the agreement on the provision of services is limited to the amount of charges paid by the User to Skytechnology during the previous 12 months.
  9. Skytechnology sp. z o.o reserves the right to:
    • periodically cut off the access to the Service, for maintenance or introduction of changes and improvements, in a manner that is least obstructing to the normal use of the Service,
    • sporadically cut off the access to the Service and the Account for short periods of time, without giving any reasons, provided that the cumulated time of such breaks will not exceed 2% of a month’s time,
    • immediately terminate the provision of the Service in case of the User’s failure to comply with these Terms and Conditions or User’s infringement of Skytechnology sp. z o.o’s copyrights; the User will be immediately informed of such termination.
  10. Skytechnology sp. z o.o reserves the right to terminate the provision of the Service if the User seriously or persistently:
    • engages in actions that may hinder or destabilize the working of the WombackDrive system,
    • endangers the legitimate interests of a third party, including especially copyrights and personal rights,
    • breaches these Terms and Conditions.
  11. Skytechnology sp. z o.o can, at any moment and without the need to inform the Users, develop and expand the Service and the Application, including adding new components and functions, fixing errors, updating and modifying.
  12. Skytechnology sp. z o.o reserves the right to place graphic and text advertisements, which will be displayed only in the free variant of the Service.
  13. Intellectual property rights of the Portal are an exclusive property of Skytechnology sp. z o.o.

§ 4

User’s rights

  1. Personal data making up the Accounts Database is administered by Skytechnology sp. z o.o., which is obligated to process this data in the scope necessary to provide the services covered by the agreement with the User, in accordance with the applicable law.
  2. The User has the right to access and correct his or her personal data saved in the Accounts Database.
  3. The User declares that the personal data he or she submitted is truthful and is liable for submitting untrue data.
  4. Skytechnology sp. z o.o. is obligated not to share the data identifying the User, as well as data stored on the Account, with any third party, except in cases set out in law and except in cases where it is permitted to do so by the User.

§ 5

Payments

  1. The User is obligated to issue payments to Skytechnology sp. z o.o. for the provision of services. Such payments are in accordance with the price list valid on the day the Agreement was concluded or renewed.
  2. Payments are to be made in advance. Skytechnology issues and sends the invoice to the consumer on a monthly, quarterly or annual basis, depending on the variant chosen by the User.
  3. Failure to issue the payment results in the termination of the provision of the Service.
  4. If the payment is 30 or more days overdue, the Account is deleted with all the data saved on it.
  5. If the payments is delayed, it is firstly covering the outstanding remuneration.
  6. User is obligated to issue the payment even if he or she did not use the Account.

§ 6

Complaint procedure

  1. User’s complaints on a failure to perform or the undue performance of the agreement on the provision of services should be send to Skytechnology sp. z o.o. electronically and should include:
    1. User’s data and information making it possible to contact the User and identify him or her as the User on the Portal,
    2. User’s complaints,
    3. parameters of User’s computer and information on the internet connection he or she is using.
  2. Skytechnology sp. z o.o. is obligated to answer a User’s complaint within 14 days from the date of receipt.

§ 7

Final provisions

  1. Changes to these Terms and Conditions are published on the Portal. In addition, the User receives an information on the changes to the Terms on Conditions in an email send to the User’s email address, as well as through the Application.
  2. These Terms and Conditions, according to the Act on the provision of electronically supplied services and to the Civil Code (KC), have a binding effect.