TERMS OF SERVICE

"PRINTER CARE"

General provisions

Section 1.

1. These Terms lay down the rules for the provision of the "Printer Care" service by electronic means through the Internet website available at http://printercare.com.

2. For the purposes of these terms, the following definitions of expressions used herein shall be adopted:

1. "Service Provider" – Blue Brain sp. z o.o. sp. k. with registered offices in Cracow at Trockiego 22, entered into the register kept by the District Court for Cracow Śródmieście, NIP: 6751485107, REGON: 122733478;

2. "Terms" – this document together with all its annexes; Terms are available at http://printercare.com;

3. "Website" – the website under the name "PrinterCare" run by the Service Provider available at http://printercare.com the aim of which is to provide access to Services, in particular to enable the use of the Software and allow for the download of PrinterCare Monitor;

4. "Service" – the service under the name "Printer Care Cloud "provided in the SaaS (Software as a Service) model which consists in making the platform for the management of Devices which enables the monitoring of their supply needs and settlements related to their use available to the public;

5. "Software" – computer programs and applications available on the Website for carrying out the functionality of the Service;

6. "PrinterCare Monitor" – a computer program installed on the User's computer that collects information about the state of Devices and forwards it as part of the Service to the Software;

7. "User" – any person, including natural or legal person or an organizational unit which is not a legal person but to whom an act has granted legal capacity that uses the Website, Software or Monitor pursuant to these Terms;

8. "Account" – an electronic collection of information regarding the User which is an integral part of the Website, enabling the use of the Website and the Service. which consists of a name and password individual for each User;

9. "Registration" – an electronic procedure of setting up an Account which requires the User to provide certain data in accordance with the forms displayed on the relevant pages of the Website and to accept the Terms of Service;

10. "Devices" – printing devices and other peripherals that have a print function connected to the network;

11. "Certificate" – an electronic document generated by the Service Provider individually for each User on their Account which ensures the security of use of the Service.

12. "MADC" – functions of moving, adding, deleting, and changing parameters or other parts of the Service;

13. "Trial period" – 30-day period of providing the User with the Service free of charge in order to get acquainted with its properties and abilities and to allow the user to make a decision on further use of the Service during the Subscription period;

14. "Subscription period" - The period during which the Service is provided for a remuneration for a given number of Devices;

15. "Agreement" – a contract for the provision of services by electronic means concluded between the User and the Service Provider pursuant to these Terms, in accordance with the Act of 18 July 2002 on the provision of services by electronic means (i.e. Journal of Laws of 2002 No. 144, item 1204 as amended);

16. "Service Provider's service address" – address of the registered office indicated in point 1.

General Terms of Service

Section 2.

1. Use of the Service also means using the Website.

2. Use of the Website and the Service requires the explicit approval of these Terms and is also the conclusion of an Agreement with the Service Provider; use of the Service solely for viewing without having an account does not require approving the Terms.

3. A User who does not have an account can use the Website only by becoming familiar with the content made available by the Service Provider on pages that do not require an Account.

4. Use of the Service is only possible for Users who have an Account.

5. If use of the Website requires the User to provide specific data, including personal data or other information, the User declares that the information provided is true, and their use on the Website does not affect any rights or legally protected interests of third parties.

Technical conditions for the use of the Service

Section 3.

1. Use of the Service requires:

1. a web browser: Firefox 4.0 or newer; Chrome 12 or newer, Opera 11 or newer or Internet Explorer 8 or newer, or other browsers with similar parameters,

2. for the Registration and use of the Website as part of the Account – having an e-mail address,

3. JavaScript enabled in your browser.

4. permission to use cookies in your browser.

5. minimum screen resolution of 1024x768 pixels.

2. Using the Monitor requires at least the following parameters:

Outgoing ports (Internal network, Monitor <-> device): SNMP 161 UDP, NPAP 9300 UDP, "ephemeral - ports" 49152–65535 UDP

Incoming ports (Internal network, Monitor <-> device): SNMP Trap 162 UDP , "ephemeral - ports" 49152–65535 UDP

Outgoing ports (Internet): 6716

Java: JRE 1.8

3. Moreover, the execution of the functionality of the Service is possible if:

1. The device or devices offer the possibility of remote monitoring using external computer programs, especially if they have the functionality of transferring their current status in terms of consumable materials,

2. The device or devices are part of a local area network (LAN) connected to at least one computer having the parameters in accordance with paragraph 2,

3. The Monitor has access to the Internet and local area network (LAN).

4. Before using the Service the User is obliged to verify that devices that are to be the subject of the Service meet the conditions referred to in paragraph 3.

Users and Registration

Section 4.

1. Users of the Service may be natural persons, legal persons or other organizational units with legal capacity and full capacity to act.

2. The Service is provided exclusively to entrepreneurs.

3. Users of the Service may be entities specified in paragraphs 1 and 2, that use Devices or entities that provide services of servicing Devices to third parties.

4. Registration requires the User to provide data specified in relevant forms of the Website. Depending on the nature and scope of the business of the User, Registration may also require providing personal data.

5. User's Registration is completed after verifying the User's identity in a simplified way – electronically or – at the discretion of the Service Provider – in a complex way, also via telephone or traditional mail.

6. Registration is confirmed by displaying relevant content on the Website available in the User's Account and using an e-mail message sent to the User.

7. The data provided by the User during Registration may be changed by the User at any time by filling appropriate forms. The User declares that data provided by them on their Account is true.

Service

Section 5.

1. The service is provided via:

1. Software,

2. Monitor.

2. Both elements specified in paragraph 1 are necessary to use the Service.

3. The Service Provider makes the Monitor available for download on the Website and allows for generating and downloading the Certificate by the User; The Certificate is required to run Monitor.

4. User is obliged to install Monitor and supply it with the data necessary to run it as part of the Service.

5. The Monitor allows neither the use of the Service nor does it perform any other functions, if used without the Service.

6. The User is obliged to configure the Service on their Account, in particular by searching for Devices on their local network using the Monitor or possibly by manually entering the number and the data of the Devices to be monitored.

7. The Service Provider is not liable for data not supplied or incorrectly supplied by the User on the Website or in the Monitor or for the results of such omission.

8. The Service provides the following basic functionality:

1. administrator – a module enabling the management of Services provided to the User,

2. defining and parameterization of clients using certain Sets of Devices,

3. searching for Devices on the User's local network with Monitor,

4. MADC processes,

5. recognising the need to deliver consumable materials for the Devices and handling the process of their deliveries,

6. alerting about defined events, in particular informing the User of the need to supply consumable materials for Devices,

7. multidimensional reporting.

Using the Service

Section 6.

1. Upon Registration on the Website the User is granted the ability to use the Service during a Trial period.

2. The Service provided during the Trial period has all of the functionality specified in Section 5 paragraph 8 limited to one 100 Devices.

3. Using the Service after the Trial period takes place during the Subscription Period and to this end requires the User to make an appropriate statement on their Account and to pay the license fee referred to in Section 11.

4. Failure to comply with the conditions referred to in paragraph 3 shall result in discontinuing the provision of the Service while leaving the User with access to the Account for a period of 14 days.

5. During the Subscription Period, the Service is provided for an indefinite period, but not less than six months.

6. During the Subscription Period the User may terminate the provision of the Service with three months' notice, effective at the end of the calendar month; termination is disabled during the first six months of providing the Service during the Subscription Period.

7. Termination of the provision of the Service requires delivering an appropriate declaration in writing to be valid to the Service Provider.

8. A minimum number of Devices must contain at least 100 (one hundred) Devices; increasing the amount of Devices is possible by any number of Devices, whereby each started ten (10) of Devices shall be rounded up to full tens.

9. The Monitor does not work outside the Trial period or the Subscription period.

Permissions to use the Software and Monitor

Section 7.

1. The Service Provider provides the User with the Software solely for the purpose of using the Services in accordance with the law and the provisions of these Terms.

2. Usage of the Software is performed remotely in the SaaS model (Software as a Service).

3. The User is not permitted to record or reproduce any portion of the Software outside of the Service Provider's server, from which it is shared.

4. The Software is provided for the User during the provision of Services.

5. At the time of Registration on the Website, the Service Provider grants the User paid, non-exclusive license to use the Monitor by downloading it to the User's computer and running it (reproducing and saving the Monitor as a file on the User's hard drive).

6. The license referred to in paragraph 5 for the use of the Monitor:

1. is limited to the purpose of providing the Service.

2. is granted for the period in which the Service is being provided.

7. The User is not permitted to use the Monitor in any way other than that indicated in paragraphs 5 and 6, in particular the User is not entitled to permanently or temporarily copy the Monitor as a computer program in any other way, in whole or in part by any means and in any form, and to translate, adapt, re-arrange or to make any other changes to the Monitor as a computer program.

8. The fact that the User submits a declaration of will concerning license to use the Monitor referred to in paragraphs 5-7 is confirmed during the Monitor’s installation by submitting an additional statement when prompted by the Monitor's interface.

9. Termination of the provision of Service causes loss of access to the Software and is also the termination of the license to use the Monitor.

A copy of User Data

Section 8.

1. The Service Provider performs weekly backup of the data contained on the Account and stores the data recorded in this way for another 1 month for eventual restoration.

2. The User can ask the Service Provider to restore data deleted from the Account from backup created in accordance with paragraph 1.

3. The Service Provider restores data on the Account no later than within two working days of receipt of the User's application.

Updating the Software and the Monitor

Section 9.

1. As the development of the Software and the Monitor by the Service Provider continues, the Service Provider will ensure their regular updates.

2. Software update is achieved through the Service Provider making proper changes on their server, and the Monitor update is done by providing the User with the ability to download from their Account the appropriate computer program used to make changes to the Monitor.

3. Software update can cause gaps or deficiencies in the provision of the Service or the operation of the Website the period of which is not included in the period indicated in Section 14 paragraph 4.

Technical support

Section 10.

1. The Service Provider undertakes to provide technical support services consisting in providing constant contact between the User and the Service Provider regarding troubleshooting issues with the use of the Website, Service or Monitor.

2. The Service Provider shall provide technical assistance via e-mail or a relevant contact form available on the Website.

3. The technical support service is available Mon - Fri from 9.00am to 17.00pm (Warsaw time).

Remuneration for the provision of the Service

Section 11.

1. During the trial period, the Service is free.

2. For the provision of Services during the subscription period, the User will pay the Service Provider a remuneration:

1. in advance for the first six months of providing Services during the Subscription period; this remuneration is payable on the first day of providing the Service under the Subscription period;

2. in advance for each commenced three months of the Subscription period after the expiry of the period referred to in item 1; this remuneration is payable within 7 days of the start of each subsequent three-month Subscription period.

3. The amount of remuneration referred to in paragraph 2 depends on the quantity of Devices.

4. The amount of remuneration is determined by the price list, constituting Appendix 1 hereto.

5. The remuneration referred to in paragraphs 2-4 includes compensation for the licensing of Monitor, referred to in Section 7 paragraphs 5-6.

6. Changing the terms of providing the Service in the Subscription period is possible, whereby:

1. reducing the amount Devices does not cause a reduction of the remuneration due to the Service Provider,

2. increasing the amount of Devices is effective immediately and results in a corresponding increase in remuneration from the date of the User submitting such a declaration; an increase of the remuneration during the Subscription period results in a proportional increase in the remuneration due to the Service Provider for this period; the User is obliged to pay the difference between the current remuneration and increased remuneration within 7 days from the date of its increase.

7. Termination of the Agreement does not affect the maturity of the remuneration referred to in paragraph 2; the remuneration referred to in paragraph 2 cannot be proportionately reduced in the event of termination of the Agreement.

8. The remuneration referred to in paragraphs 2-7 will be paid each time to the Service Provider's bank account by using payment channels available on the Website.

Warranty

Section 12.

1. The Service Provider guarantees that the Website and the Monitor will function properly, free from defects.

2. In the event of irregularities in the functioning of the Website or Monitor, the User is obliged to inform the Service Provider using the technical support service referred to in Section 10 in up to 2 hours from the time these irregularities were discovered.

3. When informing the Service Provider of irregularities, the User is obliged to furnish all details and answer any additional questions raised by the Service Provider in order to examine and possibly remove the irregularities in the functioning of the Website or the Monitor.

4. The Service Provider is obliged to remove the irregularities in the functioning of the Website and Monitor reported in accordance with these Terms where possible and depending on the nature of the defect - immediately, but not later than within 5 (five) business days from the date of the report made in accordance with paragraphs 2 and 3.

5. Monitor malfunctions may be removed through its updates released by the Service Provider in accordance with Section 9 paragraph 2.

6. To the extent not covered by the guarantee referred to in paragraphs 1-5, the warranty for defects of the Website and Monitor does not apply.

Privacy Policy and Personal Data

§13.

1. The Service Provider processes the User’s data for the purposes of performing its duties under the Agreement and directly marketing its own products.

2. If the data entered into the Portal by a User constitute personal data into within the meaning of the law, including the Regulation (EU) 2016/679 of the European Parliament and Council (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the Service Provider processes the data within the scope of the binding principles of current law and within the scope not requiring the User’s consent or the consent of a person the data belong to.

3. The User can give a separate consent in the Portal to receive commercial information from the Service Provider by electronic means.

4. All the information on the personal data processing rules and natural persons’ rights are stipulated in the BlueBrain’s Privacy Policy on its website www.bluebrain.pl.

5. The Service Provider does not disclose any User’s data to any third parties, subject to data disclosure to entities providing advisory, legal or accounting services to the Service Provider, and when such disclosure is necessary due to the provisions of generally applicable law.

6. The Service Provider can use the data entered into the Portal by a User for statistics and analytics purposes, however, after their anonymisation, which means after deleting any data enabling even indirect User identification.

7. The Portal uses cookies which are necessary for the proper operation of the Portal, including providing Services.

8. The cookies files allow for the Service content to be adjusted to User’s individual preferences.

9. A User who does not give the Service his/her consent to use cookies can change his/her browser settings in order to block the cookies files.

Breaks in the Website operation

Section 14.

1. The Service Provider reserves the right to periodic maintenance of the Website resulting in the temporary unavailability or partial availability, in particular interruptions in the provision of the Service.

2. If possible, the Service Provider will take actions referred to in paragraph 1 at night or on weekends.

3. The temporary unavailability of the Website in whole or in part may also occur as a result of its malfunction.

4. The Service Provider shall ensure the availability of the Service at 99% (ninety nine percent) per calendar year.

5. Interruptions in the availability of the Website referred to in paragraphs 1-3, in particular interruptions in the provision of the Service, do not involve the Service Provider in any liability towards the Users.

6. Notwithstanding the provisions of paragraphs 1-5, the Service Provider may perform maintenance and repairs of the system resulting in the temporary unavailability or partial availability of the Website, in particular interruptions in the provision of the Service; in this case, the User may request a refund of remuneration, proportionally to the scope and duration of unavailability or partial availability of the Website.

Complaints procedure

Section 15.

1. Complaints concerning the provision of services by electronic means as part of the Website can be submitted by e-mail complain@printercare.com, through the contact form on the Website located at http://printercare.com or in writing at the Service Provider's service address.

2. The Service Provider shall consider complaints referred to in paragraph 1 within 14 working days of their receipt.

3. The answer to the complaint is sent in the same form in which it was made.

Prohibition of placing illegal content

Section 16.

The User is forbidden from placing content infringing rights of third parties or illegal content on the Website.

Account suspension

Section 17.

1. The Service Provider has the right to suspend an Account in case when the User:

1. takes action detrimental to the Website, in particular disturbing its operation, preventing its use or causing it to malfunction,

2. infringes any of the provisions of these Terms despite receiving prior notice to stop such actions,

3. violates the license of the Software or the Monitor,

4. gives false information on the Website,

5. introduces content prohibited by law or contrary to morality on the Website.

2. The Account suspension referred to in paragraph 1 may be in force until the User discontinues actions which were the reason for the suspension.

Duration of the agreement and its termination

Section 18.

1. The Agreement is concluded for an indefinite period.

2. The Agreement may be terminated:

1. during the Trial period – at any time, in any form,

2. during the Subscription period - with three months' notice effective at the end of a calendar month; notice of termination must be made in writing to be valid.

3. The right to terminate the Agreement is exempt for the first six month of the Subscription period.

4. The Service Provider may at any time terminate the Agreement with immediate effect if, despite an earlier suspension of the Account, the registered User continues to infringe the provisions of the Terms or does not comply with the orders of the Service Provider in this respect.

5. The Service Provider stores Account's data for the period of 1 (one) month after the termination of the Agreement regardless of its cause, form and character.

6. The User concluding a new Agreement in the period referred to in paragraph 5 may apply to the Service Provider to import the stored data to the new Account. In this case, the Service Provider may import data after the User provides documents proving the identity of the User or giving the User permission to the data.

Individual conditions of providing Services

Section 19.

1. The User can individually agree with the Service Provider on different conditions of providing Services than those provided for in these Terms.

2. In the case of arrangements referred to in paragraph 1, these Terms apply to the extent not otherwise stipulated in the agreement concluded by the User and the Service Provider.

3. A separate agreement concluded by the User and the Service Provider prevails in the event of any discrepancies between its content and the content of these Terms.

4. The agreement referred to in paragraph 3 must be in writing to be valid.

Changes to the Terms

Section 20.

1. The Service Provider informs the Users about changes made to the Terms through a notice on the home page of the Website and each User individually via e-mail and by a message on their Accounts.

2. Within 14 (fourteen) days of receipt of information about changes in the Terms, the User has the right to submit a declaration of non-acceptance of the changes and termination of the Agreement to the Service Provider. Until the expiry of this deadline, the User is not bound by the changes to the Terms.

3. Statement of termination of the Agreement referred to in paragraph 3 may be submitted in any form, including via e-mail or statement made on the Website using the available option.

4. The User submitting statement referred to in paragraphs 3 and 4 is tantamount to an immediate termination of the Agreement with the Service Provider by the User.

Law and proper jurisdiction

Section 21.

1. Polish law is the law applicable to the Agreement and the Terms.

2. The competent court to settle any disputes arising from these Terms is the court competent for the seat of the Service Provider.

Final provisions

Section 22.

1. In addition to the Service Provider’s service address, the Service Provider provides the Service Provider's up-to-date contact details on the Website, in particular telephone numbers and e-mail addresses.

2. If the Terms do not state otherwise, any statements of the User and the Service Provider under the Terms and the Agreement may also be submitted via e-mail or through the appropriate form on the Website.

3. These Terms come into force on May 25 2018.