Terms and conditions of service

1. Purpose and scope of operation of the website https://dbplus.tech

These Regulations have been drawn up on the basis of the provisions of the law in force in the territory of the Republic of Poland and determine the rules of operation of the website, functioning at https://dbplus.tech and the provision and use of the Services.

The Regulations define the rights and obligations of Users, as well as the rights, obligations and scope of responsibility of DBPLUS as an entity providing the Service.

The condition of using the Services is to read the content of the Terms and Conditions and accept the Terms and Conditions.

The purpose of the Website is to provide Users with the opportunity to:

• obtain information about the activities of DBPLUS;
• access technical support for DBPLUS products and services;

2. Definitions

The terms used in the Regulations have the following meanings:

Personal Data — collected as part of the registration form available at https://dbplus.tech/support (section “Registration”) and the contact form available at https://dbplus.tech/kontakt information concerning an identified or identifiable natural person, processed by DBPLUS in order to properly provide the Services specified in particular in the Regulations, as well as for operational and statistical purposes related to the operation of the Website and for other purposes indicated in the relevant consent granted by User and regulations of the law.

DBPLUS — an entity operating the website operating at www. https://dbplus.tech i.e. Dariusz Markowski DBPLUS with its registered office in Warsaw (02-594), ul. Giordana Bruna 9 lok 215, registered in the Central Register and Information of Economic Activity of the Republic of Poland under NIP number: 5691022075, REGON: 140804684.

Account — the place on the server provided by DBPLUS to the User, on which the User enters Personal Data and within which he administers the Personal Data. The User decides on the purposes and means of processing Personal Data within the Account.

Logga in — a string of characters entered by the User on the Website at the stage of registration, enabling subsequent identification of the User during the use of the Website. Login, as a technical, unique character string, does not change. The login is the User's e-mail address.

Support Department — a separate part of the Website, in which Users have access to functionalities providing support in the use of DBPLUS products and services, in particular to:

• downloading software updates;
• reporting problems with the functioning of the software;
• the ongoing exchange of information on the services provided;
• upload files required to effectively resolve reported issues;
• customer panel.

Service/Portal — portal available at www. https://dbplus.tech

Regulation — this document defining the rules of use of the Website, including in particular the rights and obligations of Users and DBPLUS. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services.

deal — an agreement for the provision of services by electronic means concluded between the User and DBPLUS at the moment of acceptance of the Regulations by the User, with the content corresponding to the content of the Regulations. The contract is concluded for an indefinite period.

Service/Services — all services to Users performed under the Agreement, including in particular the Service of the Support Department.

User — a person with full legal capacity who, by accepting the Terms and Conditions and creating an Account on the Website, gained access to the Services. The service is intended for adults only.

partner — a person or legal entity authorized by DBPLUS to contact the User in order to perform the Services, sell software or provide support for DBPLUS products and services.

Trustworthy Message — a message addressed to DBPLUS via the contact form located at https://dbplus.tech/kontakt unambiguously identifying content that potentially violates legal norms, including in particular the legally protected rights of the user/other persons and as such should be deleted or access to which should be blocked. A credible message should include the name and surname of the reporting person, information sufficient for DBPLUS to locate the content (e.g. a full, precise URL), as well as a declaration or statement that the notifier has good faith belief that the content is unlawful. A written notice/summons from state bodies and institutions meeting the statutory requirements is also considered a reliable message.

3. Technical conditions of use of the Website

1. The Website is owned by Dariusz Markowski DBPLUS with its registered office in Warsaw (02-594), ul. Giordana Bruna 9 lok 215, registered in the Central Register and Information of Economic Activity of the Republic of Poland under NIP number: 5691022075, REGON: 140804684.
2. The operation of the Website primarily includes:
   • provision by DBPLUS of a platform for familiarization with the scope of DBPLUS's activities;
   • provision by DBPLUS of server space for the creation of Accounts, as well as;
   • the provision of Services.
3. It is necessary for the use of the Website by the User to have a device allowing access to the Internet, including a program for browsing its resources, accepting cookies and an e-mail account (applies to Users).
4. The use of the Website or some of its functionalities may be subject to registration and creation of an Account. In this case, it is possible to make the registration referred to in the previous sentence via the website of the Service.
5. In order to register and create an Account, it is necessary to create/provide a Login, assign a password to the Account and accept the Terms and Conditions.
6. As part of the Website, it is forbidden to use any programs/scripts not authorized by DBPLUS, in particular interfering with or automating in any way the use of the functionalities offered by the Website, in particular such as viruses, bots, other malicious software and the like.
7. The right to the name of the Website, software, databases created as part of the Website, as well as to graphic elements posted by DBPLUS (excluding works/trademarks to which copyrights are held by third parties) belongs to DBPLUS.

4. Registration on the Service/Conclusion of the Agreement for the provision of Services

1. By accepting these Terms and Conditions, the User agrees to its terms and conditions and agrees to abide by them. The Website is intended for use by adult Users.
2. The creation and use of the Account in the scope of the Services provided and functionalities on the Website is voluntary and free of charge (unless otherwise agreed with the Service — of which the User is expressly informed before using it).
3. DBPLUS provides, through the Website, in particular the following Services to Users:
   • enabling the creation of an Account;
   • to enable viewing of content and materials placed by DBPLUS within the Website;
   • receiving, with the express consent of the User, free periodic information on the Website, by electronic means;
   • to enable Users to use the functionality of the Support Department;
   • Allow you to comment on individual content.
4. The Agreement is concluded for an indefinite period of time upon effective completion and acceptance by the User of the registration form, in order to create an Account and to confirm the User's wish to create an Account by activating the link contained in the e-mail sent automatically to the User's e-mail address provided in the registration form.
5. The registration procedure involves filling out the registration form.
6. The User undertakes to provide in the registration form (section “Registration”) his truthful Personal Data: e-mail address, name and surname, telephone number, name and address of the company. The User may also voluntarily supplement other Personal Data within the Account.
7. Acceptance of the Terms and Conditions by the User is tantamount to making statements of the following content:
   • I have read the Terms and Conditions and accept all its provisions;
   • voluntarily entered into the use of the Website Services;
   • The Personal Data contained in the registration form are true and the Data placed within the Account are lawful, in particular do not violate the rights of third parties;
   • I am aware of my responsibility for posting Personal Data and other information and content on the Portal without appropriate permission;
   • I accept and undertake to use the Portal in accordance with the Regulations and the purpose of the Portal, resulting from the provisions of the Regulations;
   • I accept and agree to the free, in particular dictated by technical or legal reasons, to modify or remove by DBPLUS the appearance of the Website, including the layout of the Account and the Support Department, as well as the placement of information, windows, banners, advertisements within the Portal or Account.

5. Personal Data

In accordance with Article 13 (1) and (2) 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 (General Data Protection Regulation, hereinafter “GDPR”), we inform you that:

1. The administrator of personal data of the users of the website https://dbplus.tech, who have given voluntary consents to the processing of personal data for marketing purposes is Dariusz Markowski DBPLUS with its registered office in Warsaw (02-594), ul. Giordana Bruna 9 lok 215, registered in the Central Register and Information of Economic Activity of the Republic of Poland under NIP number: 5691022075, REGON: 140804684.
2. Compliance with the data protection rules in DBPLUS is supervised by a designated Data Protection Security Officer, who can be contacted by sending an email to info@dbplus.tech.
3. Personal data provided by users of the https://dbplus.tech website will be processed by DBPLUS for marketing purposes, the legal basis for data processing is the consent of the users of the https://dbplus.tech website (Article 6 (1) (a) of the GDPR), as well as for the purpose necessary to establish, shape the content of the Agreement, change, resolution and correct implementation of the Services provided electronically (Article 6 (1) (b) of the GDPR).
4. The recipients of your personal data will be DBPLUS i and other processing entities, including Partners and marketing agencies, whereby such entities will process data on the basis of an agreement with the administrator and only in accordance with the instructions of the administrator.
5. Personal data will be deleted in the following cases:
   • when the data subject requests their deletion or withdraws the consent given;
   • when the data subject has not taken action for 5 years (inactive contact);
   • upon receipt of information that the stored data is out of date or inaccurate.
6. Subject to the conditions set out in the GDPR, you have the following rights:
   • the right to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal by entering the link in the e-mail you will receive after giving your consent;
   • the right to object to the processing of your personal data, including the objection to profiling for direct marketing purposes;
   • the right to request from the controller access to your personal data, rectify them, delete them or limit their processing, as well as the right to data portability;
   • the right to lodge a complaint with a supervisory authority (the President of the Office for Personal Data Protection) if it is considered that the processing of your personal data violates the provisions of the GDPR.
7. Providing your personal data is voluntary, but necessary to set up an account.
8. DBPLUS uses adequate technical and organizational measures to ensure the protection of personal data processed.

6. Terms of use of the Website

1. Actions that may in particular hinder or destabilize the operation of the Portal or expose the Portal to loss of reputation or good name are unacceptable. If DBPLUS determines that the User commits such actions, this constitutes a valid reason for suspending the Services with respect to that User or deleting his Account. By concluding the Agreement, the User undertakes in particular to:
   • refrain from any actions that may hinder or disrupt the functioning of the Portal and the use of the Services in a way that is inconvenient for other Users;
   • refrain from any actions that could hinder or disrupt the functioning of the Website, as well as actions consisting in particular of destroying, altering, deleting, damaging, hindering access to the Accounts of other Users;
   • refrain from any actions that serve to fraudulently obtain passwords and identification data from other Users, in particular for broadly understood commercial purposes or for unlawful purposes;
   • refrain from any activity using, in particular, viruses, bots, worms or other computer code, files or programs that interrupt, destroy or limit the operation of the Portal or computer equipment or otherwise allow unauthorized use of or access to a computer or computer network;
   • refrain from any activity that affects the automation of the use of the Service.
2. Any posting on the Website of illegal, offensive, untrue content, not in accordance with the law generally applicable in Poland, promoting violence, morally reprehensible or violating generally recognized good customs is prohibited. Access to the aforementioned content and the Account of their authors may be prevented, in particular after receiving an official notice or obtaining a Reliable Message about the unlawful nature of the Data or related activities, on separate rules set out below.
3. The user declares that the information, content, data, materials (including photos) posted by him do not violate the rights of third parties, and in particular in the field of photographic materials he has full rights to them.

7. Using the Support Department

As part of the Service, the User has the opportunity to use the functionality of the Support Department through the functionalities available in the Portal.

In order to use the Support Department, it is necessary to create an Account.

You can use the following functions within the Support Department:

• downloading software updates;
• reporting problems with the functioning of the software;
• exchange of current information on the services provided;
• uploading files required to successfully resolve reported issues;
• customer panel.

DBPLUS reserves the right to verify and possibly modify the data added. In particular, DBPLUS has the right to block (or not add) data, the scope or nature of which will be incompatible with the Regulations, the provisions of the law, the purpose of the functioning of the Website.

9. Blocking and/or deleting the Account

DBPLUS has the right at any time to limit the User's right to use the Service, as well as to suspend the provision of Services (including temporarily blocking the Account) only for valid reasons, i.e. (closed directory):

• The User has committed through the Service a violation of the personal rights of third parties;
• The User has grossly violated the provisions of the Terms and Conditions;
• The User has taken actions contrary to the law or good customs, objectively harmful to the Website or other Users;
• DBPLUS has received a notification that meets the requirements of a Reliable Message or an official notice regarding the User's violation of the provisions of the Regulations or the law.
• Restriction of the User's right to use the Website or suspension of the provision of Services (including temporary blocking of the Account) shall take place for a period not exceeding 60 days.
• DBPLUS sends its statement in this regard to the e-mail address provided by the User during registration (creation of the Account).
• In the event of a valid reason understood as the User's repeated conduct (action) constituting the reason for limiting the User's right to use the Service or suspending the provision of Services to the User (including temporary blocking of the Account) referred to in paragraph 1 above, DBPLUS has the right to terminate the Agreement with the User with a 7-day notice period.
• The User to whom the provision of paragraph 4 above applies may use the Website after prior contact with DBPLUS and after obtaining the consent of DBPLUS to continue using the Website to an unlimited extent.
• You may terminate the Agreement with immediate effect and without giving any reason.
• Termination of the Agreement by the User consists in the deletion of the Account by means of the procedure available through the Account.
• The User is responsible for the violation of the provisions of the generally applicable law, as well as the provisions of these Regulations and for damages caused by the User's actions within the Portal.

10. License

By placing data, in particular materials (including screenshots, photographs and descriptions) or comments within the Portal, the User grants DBPLUS a non-exclusive, indefinite and free license to use the data, to capture, including on any medium, the data by any technique, modification, deletion, supplementation, public performance, public display, reproduction and dissemination (in particular on the Internet) of this data, for marketing, information, statistical purposes and publication in such media as the Internet, the press, television, mobile telephony, paper/print publishing.

11. Complaints

Any disruptions in the functioning of the Website and complaints in the scope of Services may be complained by the User by submitting a DBPLUS notification via the contact form available at https://dbplus.tech/kontakt

• Please include in the complaint the User Login, as well as a precise description and indication of the reason justifying the complaint.
• Complaints will be processed by DBPLUS within 14 days from the date of complaint submission.
• DBPLUS may carry out periodic technical interruptions in the provision of the Services covered by the Agreement, in particular due to the need to maintain, review or expand the Service or technical infrastructure, in a manner that does not violate the rights of Users. DBPLUS will take care to inform Users of technical interruptions in good time.

12. Final provisions

The contract for the provision of services by electronic means is concluded in Polish.

The Terms and Conditions are valid from May 30, 2018.

DBPLUS reserves the right to change the Terms and Conditions in case of occurrence of at least one of the following important reasons (closed catalog):

• change of the provisions of the law governing the activities of the Website affecting the mutual rights and obligations of DBPLUS and Users specified in the Agreement;
• the need to adapt the activities of DBPLUS to orders, rulings, provisions or guidelines arising from:
  — the decision of the public administration body competent for the activities of DBPLUS, or
  — a court decision applicable in the scope of DBPLUS's activities affecting the mutual rights and obligations of DBPLUS and Users specified in the Agreement;
• a change in the way DBPLUS provides electronic services due solely to technical or technological reasons (in particular, updating the technical requirements indicated in these Regulations);
• changing the scope or rules of provision by DBPLUS of Services to which the provisions of the Regulations apply, by introducing new, modifying or withdrawing by DBPLUS existing functionalities or services covered by the Regulations and offered as part of the Website;
• merger, division or transformation of DBPLUS or change of other DBPLUS identification data specified in the Terms and Conditions.
• DBPLUS will inform Users of any changes to the Terms and Conditions in good time.
• In the case of Users who have accepted the Regulations, they have the right to terminate the concluded agreement within 14 days from the date of notification of the change of the Regulations.
• In case of changes to the Regulations, DBPLUS will make available the uniform text of the Regulations by publication on the Website and by means of a message sent to the e-mail address provided by the User when registering for the Account.
• The law applicable to the Agreement is the law of the Republic of Poland, and the competent courts are the common courts of the Republic of Poland, unless otherwise follows from mandatory provisions of law.
• The content of the Regulations is available free of charge at the following address: https://https://dbplus.tech/regulamin/ from where it is possible to view it at any time, as well as print it out.