Terms of Use

of August 11, 2020


I. GENERAL PROVISIONS

1. These Regulations have been drawn up by DBAPPS Sp. z o.o. with its registered office in Tarnowskie Góry, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register under the number KRS 0000801529; NIP: 6452562337; REGON: 384119189, with a share capital of PLN 5,000.00.
2. The Regulations define the rules for Users to use the service called SQLDBD.
3. The Regulations contain the rules for the provision of electronic services by the Service Provider in accordance with Polish law, including in accordance with the requirements of the Act of 18 July 2002 on the provision of electronic services (i.e. of October 15, 2013, Journal of Laws of 2013, item . 1422).
4. The services are provided in Polish and in English. The language of communication with the User is Polish or English.


II. DEFINITIONS

1. Subscription - the fee paid by the User for the possibility to use the Service for a specified period of time selected by the User from among the periods specified by the Operator in the current Price List available at https://sqldbd.com/.
2. Administrator of the Account - a person indicated to the Operator by the User, authorized to use the System on behalf of the User.
3. Pricelist - information published at https://sqldbd.com/pl/cennik where the Operator has defined the terms and amount of payment for the Services, the scope and terms of provision of the Services free of charge, which is attached to the Rules. The Operator reserves the right to change the Price List, however, the Subscription purchased until the Price List is changed shall not be increased and the Services are provided under the existing conditions.
4. Personal Data - all information concerning an identified or identifiable natural person, collected and processed by the Data Administrator in order to perform the Agreement, according to the principles set out in the Regulations.
5. Invoice - an invoice sent in electronic form, including those made available in electronic form, in any electronic format, provided that the authenticity of the origin, integrity of the content and legibility of the invoice is ensured - in accordance with the applicable regulations.
6. User's Password - a string of characters created in the System by the User with a length of at least 8 characters, including at least one uppercase letter and one digit of a confidential nature, used to authorize the User's logging into the System.
7. Confidential Information - any information of a technical, technological, commercial, financial, organizational or other nature relating to the Parties that has not been disclosed to the public and is protected against access by third parties, which is of a technical, technological, commercial, financial, organizational or other nature, which constitutes a corporate secret, and which has been acted upon in confidence and communicated to one Party by the other Party in the performance of the Agreement, as well as personal data possessed and processed by the Parties in accordance with the law. The following do not constitute Confidential Information: a) information contained in non-confidential and publicly available documents, registers, publications, as well as in advertising and promotional materials addressed to an unlimited number of recipients; b) information which is generally known or has been previously published at the time of concluding the Agreement; c) information which has been obtained by a Party from a third party, who is in the legally justified possession of such information and at the same time does not violate any obligations resulting from the concluded Agreement or legal requirements towards a Party to this Agreement or any other person; d) the circumstances of concluding the Agreement.
8. User Login - the User's e-mail address used to log into the System and also used to communicate with the User.
9. Test period - the period during which the User has the right to use the System free of charge, to familiarize the User with the System functionality. The length of the period of free access to the Service and the type of Service covered by the free period will be specified in the Operator's current offer available at https://sqldbd.com/. The User is entitled to use the Free of charge access to the System only once.
10. Operator - DBAPPS Sp. z o.o. based in Tarnowskie Góry (42-600) at 35 Gliwicka Street, entered into the register of entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Department of the National Court Register under KRS number 0000801529; NIP: 6452562337; REGON: 384119189, with a share capital of 5,000.00 PLN, being the owner and administrator of the Service
11. User Account - a separate functionality within the System, defined by a unique Login and secured by a Password, to which the User and an Employee authorised by him/her has exclusive access.
12. Employee - an entity indicated to the Operator by the User and being a person authorized to use the System under the subscription purchased by the User.
13. Regulation - this document, which defines the rules of using the Service.
14. Regulation or 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.
15. Party - User or Operator.
16. System - an innovative system (platform) operating at https://sqldbd.com/, enabling the use of services offered and provided by electronic means, in accordance with the Regulations of SQLDBD System by the System Operator, used in particular for visual design of databases.
17. Agreement - an agreement for the provision of the Service by the Operator to the User, the content of which are the provisions of the Regulations.
18. Service - a service created within the System that enables the User to visually design databases of MySQL/MariaDB & PostgreSQL, SQLServer and Oracle type, in particular by placing tables/views/relations using drag&drop method, importing existing databases from SQL files, exporting the project to SQL file (generating SQL files), creating subsequent versions of the project, comparing changes between particular versions of the project, generating upgrade scripts.
19. User - an entrepreneur within the meaning of Article 431 of the Civil Code, i.e. a natural person, a legal person and an organizational unit referred to in Article 331 § 1 of the Civil Code, conducting on its own behalf a business or professional activity which has concluded a Service Agreement with the Operator.


III. GENERAL TERMS AND CONDITIONS

1. The Operator provides Services for the benefit of the Users under the conditions specified in these Regulations (which also include an agreement on entrusting data processing) and in accordance with the provisions of generally applicable law in the territory of the Republic of Poland.
2. The Regulations specify the rules and technical activities related to the provision of Services by electronic means, using the System. Access of the Users to particular functionalities takes place after logging into the System.
3. Only the Users who have correctly completed the registration process and paid the fee in accordance with the Price List have access to the System. The User, through the function (form) in the System made available to him/her by the Operator, is entitled to indicate persons authorized to use the System on his/her behalf, including the authorization to view or edit selected projects of the User.
4. The Property Copyright in or related to the System belongs to the Operator, or has been made available to the Operator under validly concluded license agreements and is subject to legal protection under the Copyright and Related Rights Act of 4 February 1994. (Journal of Laws of 2006, No. 90, item 631, as amended) and may not be reproduced or distributed in any form or manner (including electronic or mechanical or any other means of exploitation), including copying, photocopying, including placing on the Internet - without written consent of the Operator.
5. The Operator makes the Terms and Conditions available to the User free of charge before the conclusion of the Agreement (in the process of registration), as well as enables the acquisition, playback and recording of the contents of the Terms and Conditions. The Regulations are available continuously at https://sqldbd.com/.
6. The User is obliged to comply with the provisions of the Regulations from the moment of its acceptance.
7. The Operator may change the Rules for important reasons, including technical, technological, legal, organisational or economic ones, as well as in connection with changes in the System functionality.
8. The change of the Regulations shall become effective 15 days after the new Regulations are placed on https://sqldbd.com/ and the information is sent to the User to the e-mail addresses indicated during the registration process. The service started and paid with the appropriate Subscription before the effective change of the Regulations will be carried out according to the existing rules until its expiry.
9. If the User does not accept the changes in the Regulations, he has the possibility to terminate the Agreement.


IV. CONCLUSION, DURATION, AMENDMENT AND TERMINATION OF THE CONTRACT

1. In order to use the System, the User is obliged to start the registration procedure of the System by entering the login and password. After registration, in particular in order to enable the Operator to issue VAT invoices, the User has the possibility to supplement their data with the data necessary to issue an invoice, in particular company name, address, NIP, KRS number (if available).
2. The registration procedure also includes the submission by the User of: a declaration of acceptance of the content of the Regulations and may include the submission of a declaration of consent to receive by means of electronic communication and commercial information and a declaration of consent to the processing of personal data by the Operator, by selecting the appropriate option in the relevant declarations.
3. By registering, the user hereby declares that:
3.1. the data provided by him (including his e-mail address) are correct,
3.2. shall be entitled to conclude the Agreement,
3.3. the data provided by him does not infringe any rights of third parties,
3.4. has read the Rules and Regulations and agrees to abide by them.
4. In the event of a change in any of the data referred to in point 2 above, the User is obliged to immediately make changes to the User Account.
5. After the User has paid the fee for using the System, the User gains access to the relevant functions according to the scope specified in the Price List. The provision of the Services starts with the payment made by the User in accordance with the Pricelist, unless the Pricelist or the Regulations state otherwise. The date of payment is the date of crediting the Operator's bank account.
6. The Operator provides Services for a fixed period of time selected by the User from among the periods specified by the Operator in the current Price List.
7. After the expiry of the period referred to in point 6 above, in order to continue using the Services, the User should pay for the next period in accordance with the current Price List.
8. The User is obliged to pay for the use of the Services in accordance with the Price List for each period of the Services.
9. From the date of registration, the User may receive Free Access to the System according to the current offer and for the period indicated in the Operator's current offer. After expiry of the period during which the User was entitled to Free Access to the System, if the User still intends to use the Services offered by the Operator, the User is obliged to pay the fees for using the System according to the Price List.
10. If the payment is not made after the period of free access to the System, the User loses access to the System.
11. If the User resigns from using the Services, the fee paid by the User for this period is not refundable.
12. The User may review individual projects within the Service, without the possibility of editing them for a period of 12 months counting from the end of the last subscription period paid by the User. After this time, the Operator is entitled to remove these data from the System.


V. PAYMENT RULES

1. Depending on the User's needs, both in terms of the duration of the Agreement and the number of projects implemented and people involved in them, the User selects an appropriate Subscription in the System.
2. After choosing the Subscription by the User, the Operator sends a VAT invoice to the User's email address given in the manner specified in point IV, paragraph 2 of the Regulations.
3. The amount of the invoice referred to in paragraph 2 shall be paid by the user by bank transfer to the bank account indicated in the VAT invoice within 3 days of its receipt. In case of delay in payment, the User undertakes to pay to the Operator statutory interest for the time of delay starting from the first day following the day on which the invoice payment deadline expired.
4. As soon as funds are credited to the Operator's bank account, the User is able to use the Service.
5. The User may also pay for the Subscription of their choice via PayLane by bank transfer or credit card. Payments through the PayLane service are handled by PayLane sp. z o.o. with its registered office in Gdańsk at 4 Norwida Street, postal code: 80-280, KRS: 0000227278.
6. Electronic payment through the PayLane service is possible when the bank in which the User has a bank account has concluded an appropriate agreement allowing such a form of settlement with PayLane Sp. z o.o. based in Gdańsk, which is the owner of the playlane service. The condition necessary for the Client to use this form of payment is also having access to electronic banking services.
7. In the case of electronic payment or credit card, the Operator shall enable the User to use the System within 1 hour from the moment the User clicks I order with the obligation to pay, provided that the User makes payment for the Service, which will be confirmed by crediting the User's bank account, with the entire amount due.
8. If the payment is made by the User in accordance with sub-paragraphs 5-7 above, the Operator shall issue and send to the User's email address an appropriate VAT invoice documenting the purchase of the Services immediately, but no later than within 3 days from the date of crediting the Operator's bank account.


VI. OPERATOR'S DUTIES

1. Subject to the provisions of these Rules, the Operator shall exercise due diligence in order to ensure full, round-the-clock availability and functionality of the System.
2. The Operator will exercise due diligence with respect to the ongoing updating of the System in accordance with changes in legal regulations affecting the proper operation of the System or its individual functionalities.


VII. TECHNICAL REQUIREMENTS

1. In order to use the System, the User should provide himself/herself a computer with Windows, MacOS or Linux operating system with access to the Internet, equipped with a browser enabling the display of HTML documents on the screen of the device and an e-mail account and a mobile phone to receive messages.
2. To view or print the printouts generated by the System, the User should install, on his own and at his own expense, a program for viewing and printing files in PDF format.
3. The Operator is not obliged to provide Services to entities that do not meet the above technical requirements.
4. The User hereby accepts the technical requirements necessary to use the Services and has no reservations in this respect. The User also declares that he is fully aware of the risks and dangers associated with electronic data transmission.
5. The Operator reserves the right to access User accounts for technical or administrative purposes and for safety reasons. Information obtained in this way will not be processed or made available to third parties, unless required by law.


VIII. SAFETY RULES

1. The user should only use devices equipped with a firewall and a self-updating antivirus. The user should not use devices that are not protected against unauthorized access or in conditions allowing access to data by third parties.
2. In order to ensure the proper operation of the System, the User should install the available updates of the programs referred to in paragraph 1 above.
3. Connections to the System, also during the registration and first login process, are made using a secure encrypted protocol https://.
4. The user should also:
4.1. keep the information on the validity and verification of the safety certificate up-to-date.
4.2. use sufficiently strong passwords. Do not write down passwords to the System or make access data available to unauthorized persons.
4.3. avoid clicking on suspicious links in e-mails.
5. If the User notices any signs of malfunctioning of the System, suspicious content or doubts about the System's operation, the User should immediately interrupt the connection and report the noticed irregularities to the Operator.


IX. PERSONAL DATA AND PRIVACY POLICY

1. The Operator is the controller of personal data within the meaning of 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 made available by the Users in order to enable the Operator to provide them with the Services subject to these Regulations.
2. As part of the electronic provision of Services that require personal data, the Operator is entitled, pursuant to art. 18 sec. 1 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), for the processing of Users' personal data as well as data and information about Employees necessary to establish, shape the content, change or terminate the contract for the provision of Services by the Operator and for the proper implementation of the Service.
3. The operator may process, among others the following personal data:
3.1. surname and first names;
3.2. correspondence address;
3.3. data used to verify the User's electronic signature;
3.4. User's electronic addresses.
4. In order to carry out the contract or perform another legal action with the User, the Operator may process other data necessary due to the nature of the Service provided or the method of its settlement.
5. The Operator may also process the following data characterizing the way the User uses the System (operational data):
5.1. user identification marks assigned on the basis of the data referred to in paragraph 3 of this paragraph,
5.2. markings identifying the end of the telecommunications network or the ICT system used by the User,
5.3. information on the start, end and scope of each use of the Services,
5.4. information about the User's use of the Services.
6. Users' Personal Data is collected and processed by the Operator in order to perform the Agreement and properly provide the Services, and only to the extent that it is justified by the above-mentioned purpose.
7. The User's Personal Data will not be transferred to a third country.
8. The User's Personal Data will be kept for the duration of the Agreement and after its termination for a period justified by limitation periods in civil proceedings.
9. The User has the right to access their Personal Data and the right to rectify, delete, limit processing, the right to transfer data, the right to object, the right to withdraw consent to their processing at any time without affecting the lawfulness of the processing which was carried out on the basis of consent expressed before its withdrawal, however, the exercise of such rights may hinder or prevent the performance of the Agreement and result in its termination with immediate effect by the Operator.
10. The user has the right to lodge a complaint to the President of the Personal Data Protection Office, if he considers that the processing of his personal data violates the provisions of the GDPR.
11. Providing Personal Data by the User is voluntary, but it is a condition for concluding the Agreement on the basis of the provisions of these Regulations.
12. The User's Personal Data will not be processed by the Operator in an automated manner, including in the form of profiling.
13. The Operator is the Recipient of Personal Data other than the User's personal data, such as, in particular, the personal data of the Employees provided to him for the performance of the Agreement. The administrator of such personal data is the User.
14. The operator provides an SSL data encryption system that prevents the acquisition and modification of personal data sent electronically by unauthorized persons.
15. Cookies are used for the following purposes:
1.1. adapting the content of websites to the user's preferences and optimizing the use of websites; in particular, these files allow to recognize the user's device of the website and properly display the website, tailored to his individual needs,
1.2. creating statistics that help to understand how System Users use websites, which allows improving their structure and content,
1.3. maintaining the System User's session (after logging in), thanks to which the user does not have to re-enter the login and password on each subpage of the website.
16. Using the Services provided may require consent to the Operator's storage of information, in particular small text files (so-called cookies), or access to stored files of this type, on the User's device. These files do not change the configuration of his computer, are not used to install or uninstall any computer programs, viruses or Trojans, do not interfere with the integrity of the User's system or data, and can be deleted by the User at any time.
17. The operator may use the following types of cookies:
1.4. necessary cookies, enabling the use of services available within the System, e.g. authentication cookies used for Services that require authentication within the System;
1.5. cookies used to ensure security, e.g. used to detect fraud in the field of authentication within the System;
1.6. cookies, enabling the collection of information on the use of the System websites;
1.7. functional cookies, enabling remembering the settings selected by the User and personalizing the user interface, e.g. in terms of the default sorting method, website appearance, etc.
18. In many cases, the software used for browsing websites (web browser) allows cookies to be stored on the user's end device by default. Website users can change cookie settings at any time. These settings can be changed in particular in such a way as to block the automatic handling of cookies in the web browser settings or to inform about their every posting in the user's device of the website. Detailed information on the possibilities and methods of handling cookies is available in the software (web browser) settings. Failure to change the cookie settings means that they will be stored on the User's end device, and thus the Operator will store information on the User's end device and access this information. Disabling the use of cookies may make it difficult to use some of the Services within the System, in particular those requiring logging in.


X. CONTACT WITH THE OPERATOR

1. The operator provides the User with technical support in the form of a hotline (number available in the System and tools in the System, with the help of which all questions and problems related to the use of the System, its proper operation and functionalities should be reported. Technical support is open on working days from _____. by _____.
2. The operator is entitled to a technical break in the functioning of the System, necessary for the planned, ongoing operation and maintenance of the server and software. Information about planned interruptions in the availability of the system will be provided to Users in advance via the System.


XI. COMPLAINTS

1. Complaints regarding the functioning of the System are submitted via the e-mail address: _____.
2. The complaint should include:
2.1. a detailed description of the complaint, if necessary along with scanned screen images (print screens);
2.2. the date of the event justifying the submission of the complaint;
2.3. company name (User);
2.4. contact details of the person submitting the complaint, including telephone number and e-mail;
3. The User may submit a complaint no later than within 7 days of the event justifying its submission or a noticed defect.
4. Complaints are dealt with without undue delay, no later than within 1 month from the date of filing the complaint. The user receives feedback on how to handle the complaint.


XII. DELIVERY and COMMUNICATION

1. Written correspondence to the Operator will be sent to the address of its registered office indicated in the Definitions.
2. Correspondence to the User will be directed to the e-mail address provided by him.
3. In the event of changes to the contact details, the Party to which these changes relate is obliged to immediately notify the other Party of this fact, under pain of recognition that any correspondence addressed to the current address will be deemed effectively delivered.
4. The Operator informs the User about each amendment to the Regulations and / or the Price List via the System, as well as by publishing and making available for download a new version of the Regulations and / or the Price List on the website https://sqldbd.com/.


XIII. OPERATOR'S LIABILITY

1. The Operator is responsible, in accordance with the rules set out in the Regulations, for the proper operation of the System, its availability and functionality.
2. The operator is not responsible for damages caused by reasons for which the User is responsible, in particular as a result of:
2.1. use of the System in a manner incorrect or inconsistent with the Regulations;
2.2. incorrect data entry;
2.3. the User provides false or incomplete data;
2.4. failure by the User to comply with the Security Rules described in the Regulations; as well as for other reasons beyond the Operator's control.
3. The Operator is not responsible for economic events recorded by the User and the content of the documents processed by the User in the System.
4. The Operator is not liable for any damages resulting from the User's lack of access to the Internet and the resulting unavailability, limited availability or improper operation of the System.
5. The operator is not liable for damages:
5.1. caused due to the suspension of the System's operation due to technical breaks;
5.2. directly or indirectly incurred by the User, including damage due to loss of profits from running the business, interruptions in the business or loss of business information, resulting from the use, inability to use or malfunction of the System or any part of it.
6. The Operator's liability under the warranty is excluded.


XIV. PROHIBITION OF ASSIGNMENT

1. The User may not transfer the rights and obligations under the Agreement concluded in the manner described in the Regulations to a third party without the prior written consent of the other Party.
2. The above reservation does not apply to the transformation of the User's legal form on the principles set out in the Commercial Companies Code, unless it creates an obligation to keep full accounting. In such a case, the Agreement shall expire on the date of transformation.


XV. CONFIDENTIAL INFORMATION

1. Confidential Information may be disclosed to the other Party only if the disclosure of Confidential Information is necessary to ensure proper relations between the Parties and for the purposes of the performance of the Agreement.
2. Each Party undertakes to inform its Employees and Associates - in particular IT system or hotline service technicians - about the existence of the Agreement and the content of this confidentiality clause, and to instruct them and oblige them to treat Confidential Information in accordance with its terms. The User acknowledges that for the purposes of servicing the System, its maintenance, maintenance, as well as its improvements and providing assistance to the User in solving problems with the use of the System, some Confidential Information may be accessed by the Operator's Associates, which does not constitute a breach of the Agreement.
3. Each Party agrees to keep confidential, with the utmost care, any Confidential Information obtained from the other Party, both before and after the conclusion of the Agreement, and agrees that it will not disclose or knowingly use any of this information for purposes prohibited by the Agreement. and legal regulations.
4. Confidential Information will not be copied or reproduced in any way, in whole or in part, and will not be disclosed, loaned or transferred to other entities without the prior written consent of the Party to which the information relates.
5. In the event of termination of the Agreement or termination of any business relations arising from the Agreement, and if the Party makes a relevant request, the other Party shall promptly return to the requesting Party without exception any information, documentation, records, notes, summaries and the like, together with any copies that The party made on the basis of the Confidential Information provided.


XVI. FINAL PROVISIONS

1. If any of the provisions of the Regulations is deemed invalid by virtue of a legally valid court judgment or a decision of another public authority authorized to do so, the Parties shall immediately enter into negotiations in order to replace the invalid provisions with other provisions that will pursue a similar economic goal as possible.
2. The provisions of para. 1 above shall also apply if, after the date of commencement of the provision of the Services by the Operator, legal provisions come into force, as a result of which any of the provisions of the Regulations becomes invalid.
3. Any disputes that may arise from the application of the provisions of the Agreement are settled by the court having jurisdiction over the seat of the Operator.
4. The Parties, before submitting a given dispute to court, undertake to attempt to settle it amicably, however, the Parties agree that amicable settlement of a given dispute is not possible if the Parties do not agree on their position within 30 days from the date of delivery of the first letter by one of the Parties to the other Party on the matter covered by the dispute. 5. The Price List is an attachment to these Regulations.


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Payments made using PayLane system
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