1. Cropchart Platform (Platform) – an IT system called Cropchart made available to the Service Recipient electronically using a web browser or a mobile application, consisting of free and paid modules on a subscription basis, intended for digitisation of the supply chain.
2. Mobile application – applications under the name of Cropchart and Brigadier available for mobile devices in the Android or iOS system.
3. Paid modules – Crop Manager and Brigadier modules made available to the Service Recipient on the Platform against payment on a subscription basis.
4. Portal – a website available at https://cropchart.net/.
5. Service Provider – Seth Software Limited Liability Company with its seat in Głogów Małopolski at ul. Strefowa 1, 36-060 Głogów Małopolski, NIP: 8132709001, REGON: 690512599, KRS: 0000114098, registration court: District Court in Rzeszów, 12th Commercial Division of the National Court Register, share capital PLN 50,000, e-mail address: sales@cropchart. net.
6. Service Recipient – an entity using the Service provided by the Service Provider.
7. User – a person authorised by the Service Recipient to use the Platform
8. Service – a service of access to the Platform along with related services provided by the Service Provider to the Service Recipient.
9. Contract – legal relationship between the Service Provider and the Service Recipient, on the basis of which the Service Provider provides the Service to the Service Recipient.
10. Subscription period – the period during which paid modules are available to the Service Recipient.
11. Subscription Fee – fee paid by the Client for the use of paid modules, determined in accordance with the Price List in force at the time of placing the order.
12. Price list – information on the amount of the Subscription Fee available on the Portal's website.
1. The Regulations define the rules for the provision of the Service by the Service Provider, the rules for using the Service and the obligations of the Service Recipient and Service Provider.
2. The Service Provider undertakes to provide services to the Service Recipient to the extent and under the conditions specified in the Regulations.
3. The Service Recipient undertakes to use the Platform in accordance with the principles set out in the Regulations, applicable law and the principles of social coexistence.
5. It is forbidden for the Service Recipient to provide illegal or offensive content. The Service Recipient is obliged to use the Service Provider's websites in a way that does not interfere with their functioning, in particular by not using specific software (including malware) or devices.
6. Special risks related to the use of electronic services are the possibility of unauthorised persons gaining access to data transmitted via the network or stored on computers connected to the network and interference with this data, which may, in particular, result in their loss, unauthorised change or preventing them from using the services offered with the use of websites.
7. The provisions of the Regulations regarding consumers shall apply mutatis mutandis to a natural person concluding a contract directly related to its business activity, when the content of this contract shows that it does not have a professional character for that person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
1. The Service Provider provides the Service by providing the Service Recipient with free or paid modules on the terms set out in the Regulations and in accordance with the offer available on the Portal.
2. Usługodawca zobowiązuje się do świadczenia na rzecz Usługobiorców Usługi, która w ujęciu ogólnym polega na:
a) making the Platform available to the Service Recipient, enabling him to perform activities related to digitisation of the supply chain, including entering, collecting, sending and processing data, generating data according to the Platform features specified in the technical documentation (instructions),
b) storing on the Platform the data entered by the Service Recipient on the terms specified in the Regulations,
c) updating the Platform in a way that enables the Service Recipients to use it in accordance with its intended purpose,
d) archiving data and securing them against loss.
3. The scope of the Service does not include training in the use of the Platform, setting up and adapting the Platform to the needs of the Service Recipient.
4. The Service Provider declares the availability of the Platform at the level of 99% of the time of the Subscription Period.
5. The Service Provider has the right to discontinue the provision of the Service if, beyond the agreed maintenance periods, work on the Platform is to be carried out, which cannot be planned in advance, and which cannot be carried out without interruption in the provision of the Service.
6. The Service Provider regularly and at its own discretion adjusts the Platform to technological development and market needs, so as to fulfil the product application in accordance with its intended purpose. This may entail changes to the content of the Service, such as new or changed functionality and adaptations to new technologies. However, these changes will not lead to functional limitations that are significant for an ordinary User and are listed in the Platform description. As these changes are a solution, the Service Recipient may not pursue any rights or claims in relation to them.
7. Technical requirements necessary for the use of the Service by the Service Recipient:
a) a device with access to the internet,
c) access to e-mail,
d) in the case of a mobile application, a mobile device with Android version not less than 6.0 and not higher than 11.0 or iOS system version not less than 9.0.
8. The Service Recipient bears the fees related to the access to the internet and data transmission in accordance with the tariff of his internet service delivery.
1. The condition for starting work on the Platform is the registration of the Service Recipient.
2. In order to conclude a Contract, the Service Recipient registers using the form available at https://app.cropchart.net/auth/registration.
3. The Service Recipient is obliged to fill in all the fields required in the registration form during registration.
4. The Service Recipient is obliged to provide only truthful data.
5. During registration, the Service Recipient is obliged to accept the Regulations. Acceptance of the Regulations is tantamount to the submission by the Service Recipient of a declaration that he has read the Regulations, accepts their provisions together with annexes, and voluntarily concludes a Contract with the Service Provider.
6. Access to the Platform is granted immediately after the registration process is successfully completed by the Service Recipient.
7. The Contract for the provision of the Service is concluded for an indefinite period in relation to free modules and for a specified period of time on the basis of subscription for paid modules.
8. The subscription period is calculated with accuracy to the date and time of activation of access to paid modules.
9. Access to paid modules shall expire at the end of the Subscription Period. The Service Recipient may at any time order access to paid modules for the next Subscription Period.
10. The Service Provider reserves the right to make changes to the Subscription Fees; however, any such price changes shall be effective not earlier than from the Subscription Period following the sending of notification of this change to the Service Recipient
1. To use the Platform, it is necessary to have a device that meets the requirements referred to in §3 para. 7 of the Regulations.
2. The description of the Platform's functionality together with the instructions for use is included in the user manuals dedicated to individual modules and available after logging in to the Platform.
3. The functionalities of the Platform as part of the application for mobile devices may be limited in relation to the functionalities of the Platform available via a web browser.
4. Access to the Platform for Users is granted by the Service Recipient by creating an account using the functionality available on the Platform.
5. By creating an account for the User, the Service Recipient may edit (including limiting) the User's access for selected functionalities, including specific activities within the Platform.
6. The Service Recipient is responsible for actions performed by Users on the Platform as for their own actions.
7. The Service Recipient is responsible for using the Platform, proper data processing and the results achieved.
8. The Service Recipient is obliged to always use the current version of the Platform.
9. After activating the Platform, the Service Recipient should immediately check its correct operation, before starting actual use of the Platform. He should immediately notify the Service Provider of any defects in writing or by e-mail. Failure to notify by the Service Recipient shall be considered as confirmation that the Platform has been put into service in a proper condition.
10. The Service Recipient undertakes not to, in particular:
a) modify, disrupt, block, overburden, interrupt or slow down the normal functioning of the Platform, hinder its accessibility to third parties,
b) transfer or spread viruses, trojans, worms, infected files or similar destructive elements within the Platform,
c) provide and distribute, via the Platform, unlawful content or content detrimental to the good name or interest of the Service Provider or third parties.
1. The Service Provider undertakes to immediately remove defects that prevent access or proper use of the Platform.
2. In the event of non-performance or improper performance of the Service by the Service Provider, the Service Recipient is entitled to submit a complaint in writing or by e-mail to the Service Provider's e-mail address.
3. A properly submitted complaint should contain the Service Recipient 's name (name and surname and e-mail address), the subject of the complaint, along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint. In the event of incomplete data, the Service Provider shall call the Service Recipient to complete the data.
4. The complaint is considered by the Service Provider within 14 days from the date of receipt of the complaint. Information on the method of considering the complaint is provided to the Service Recipient in the form of a message sent to his e-mail address.
5. Failure to consider the complaint by the Service Provider within the period specified in para. 4 means that it has been accepted.
1. The Service Provider informs that pursuant to Art. 15 of the Act of 18 July 2002 on the provision of electronic services, he is not obliged to check the transferred, stored or shared data referred to in art. 12-14 of the aforementioned act, provided that the data does not come from him.
2. The Service Provider is not responsible for the obligations of the Service Recipients resulting from their actions in connection with the provided Service.
3. The Service Provider is not responsible for the data entered by the Service Recipients on the Service Provider's websites or on the Platform and is not responsible for the activities performed by the Service Recipient that contributed to the occurrence of any damage in relation to this Service Recipient or other Service Recipients or third parties or prevented or hindered provision of services by the Service Provider.
4. The Service Provider shall not be liable for damages incurred by the Service Recipient if they were caused by:
a) force majeure that could not be foreseen, and in the case of force majeure that was foreseeable – when the consequences of its occurrence could not be prevented,
b) improper use of the provided Service, in particular in a manner inconsistent with the Regulations, the nature of the legal relationship and the principles of social coexistence,
c) the Service Recipient making any content available to third parties using the Service,
d) the use of information authorising access to the Platform by third parties, if these persons came into possession of this information as a result of its disclosure by the Service Recipient or as a result of insufficient protection of information by the Service Recipient against access by such persons,
e) interruptions in the availability of the Platform due to a technical break resulting from the development or repair of the Platform.
5. The Service Provider is liable only for actual damages incurred by the Service Recipient. The Service Provider's liability towards the Service Recipient is in any case limited to the amount of the Subscription Fee that the Service Recipient pays to the Service Provider for the provision of the Service.
1. The Contract for the provision of the Service is terminated as a result of:
a) termination of the Contract by the Service Recipient (deletion of the account on the Platform),
b) death or termination of legal existence of the Service Recipient,
c) the Service Recipient 's inactivity on the account for a period of at least 6 months (if no paid modules have been activated on the account),
d) the reasons referred to in para. 2.
2. The Service Provider is entitled to terminate the Contract without notice in the event that:
a) the Service Recipient materially breaches the provisions of the Regulations,
b) the Service Recipient uses the Platform contrary to its parameters or purpose,
c) the Service Recipient acts to the detriment of the Service Provider, other Service Recipients or third parties,
d) The Service Recipient undertakes illegal activities aimed at or resulting in a breach of the security of data processed on the Platform.`
3. Before the termination of the contract pursuant to para. 2, the Service Provider shall call the Service Recipient to cease the violations, setting a time limit of not less than 7 days for discontinuing these violations. This request may be submitted in writing or by e-mail.
4. After 60 months from the termination of the Contract, all data entered into the Platform by the Service Recipient shall be irretrievably deleted, without the possibility of their recovery.
1. All content posted on the Service Provider's websites and on the Platform (including graphics, texts, page layout and logos), and not coming from the Service Recipient or other suppliers, benefits from copyright protection and is the sole property of the Service Provider. The use of this content without the written consent of the Service Provider shall result in civil and criminal liability.
2. Using the Service Provider's Platform, including the use of text, graphic materials, applications, databases or other content, does not mean that the Service Recipient acquires any rights in relation to the indicated content, and in particular does not constitute the acquisition of proprietary copyrights or related rights. The Service Recipients and Users are granted only a paid, non-transferable, non-exclusive and time-limited license entitling them to use the Platform in the scope of its intended use without the right to grant sub-licenses.
3. It is forbidden to take the following actions without the express consent of the Service Provider:
a) copying, modifying and transmitting electronically or otherwise the Platform or its parts, as well as individual content made available through it,
b) downloading the content of the Platform databases (except for databases created by the Service Recipient ) and their reuse in whole or in part.
1. The Service Provider reserves the right to amend these Regulations. The Service Provider shall notify of changes to the Regulations on the Portal and by means of a message displayed on the Platform at least 14 calendar days before the changes to the Regulations enter into force. Changing the Regulations during the contractual relationship of a continuous nature binds the other party provided the requirements specified in Art. 384 of the Civil Code have been met, and the party has not terminated the contract with a notice period of 14 calendar days.
2. The Service Recipient may not transfer the rights and obligations resulting from the Contract concluded with the Service Provider to another entity, unless he has obtained the Service Provider's written consent.
3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
3. In other matters not covered by the provisions of these Regulations, the relevant provisions of Polish law shall apply.
5. The Regulations shall enter into force on July 21, 2021.