Terms and Conditions of the mobbee mobile application

§1

General provisions

The Terms and Conditions define the rules, conditions, and scope of operation of the mobbee mobile application, as well as the rules and manner of providing electronic services through it by the Service Provider, intended for mobile devices with Android and iOS operating systems and Windows 11, and constitute the terms and conditions within the meaning of Article 8 of the Act of July 18, 2002, on the provision of electronic services.

§2

Definitions

The terms used in these Terms and Conditions shall be understood as follows:

  • Personal Data Administrator, Service Provider - Adam Mach Supersonic, residing at ul.Kamienna 5d/108, 05-120 Legionowo, REGON:142638391, NIP: 5992664153.
  • MOBBEE mobile application - a computer program owned and operated by the Service Provider, which is intended to be installed by the User on mobile devices (e.g., smartphones, tablets), whose primary function is to assist in the management of bee colonies, monitoring hive parameters, and integrating the beekeeping community.
  • Login detail - details used by the User to log in to the User Account, i.e. the email address and a one-time activation code sent to the User's email address.
  • User Account - a user account created by the User via the Website or the mobbee mobile app, containing the User's personal data.
  • Terms and Conditions of Electronic Services - Terms and Conditions of Electronic Services provided by the Service Provider.
  • Complaint - a statement made by the User to the Service Provider in which the User raises objections regarding the services provided by the Service Provider.
  • Website - the website located at the internet address www.mobbee.pl.
  • Provision of services by electronic means - provision of services without the simultaneous presence of the parties (at a distance), through the transfer of data at the individual request of the service recipient, sent and received by means of electronic processing equipment, including digital compression and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004 - Telecommunications Law (i.e. Journal of Laws of 2014, item 243, as amended).
  • Services - services provided by the Service Provider by electronic means.
  • User - means a natural person who, through the mobbee Mobile Application installed on a mobile device, uses the functionalities offered by the mobbee Mobile Application and who is a consumer within the meaning of Article 22 of the Civil Code, has full legal capacity and has gained access to the mobbee Mobile Application.

§3

Use of the mobile application

  • The owner and operator of the mobbee mobile application is the Service Provider.
  • The mobbee mobile application is software whose basic function is to assist in the management of bee colonies, monitoring hive parameters, and integrating the beekeeping community.
  • In order to use the Service, it is necessary to have a mobile device and an Internet connection. The costs of the Internet connection are borne by the User, in accordance with the agreements concluded by the User with their telecommunications operator.
  • For the proper and effective use of the Mobile Application, it is necessary for the User to use at least a device based on Android 5.1 or newer operating systems and iOS.
  • The mobbee mobile application can be downloaded from the Google Play (Android) or App Store (iOS) online stores.
  • The service provided by the mobbee Mobile Application is subject to a fee and is accessible via a mobile device. The cost of an annual subscription is PLN 89.90. After 12 months, the subscription may be extended for another period or canceled. You cannot cancel your subscription during the period for which it was purchased. It is also possible to use the Service within the mobbee mobile application free of charge. However, the service has limitations. A detailed list of limitations is available on the website www.mobbee.pl
  • The costs of data transmission required to download, install, launch, and use the mobbee mobile application are covered by the User on their own basis, based on agreements concluded with telecommunications operators. The Service Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the mobbee mobile application.
  • The Service Provider shall not be liable for any restrictions, including non-performance or improper performance of services by telecommunications operators with whom the User has concluded agreements.
  • The Service Provider shall not be liable for the non-functioning or improper functioning of the mobbee Mobile Application on a device that does not meet the technical requirements.
  • The User uses the Application voluntarily, at their own risk, and should ensure the proper functioning of the mobbee Mobile Application to the extent that it depends on the User (e.g., proper functioning of the mobile device, use of settings enabling the receipt of current notifications from the Bee Smart Mobile Application, etc.). The providers of services, applications, and websites other than the Bee Smart mobile application are responsible for their operation.

§4

Login process

  • By completing the login procedure in the mobbee Mobile Application, which results in the creation of a User Account, the User confirms and declares that they have read and accepted the Terms and Conditions and agree to comply with them.
  • By logging into the mobbee Mobile Application, the User agrees to the publication of their Login, location, and time of activity in the mobbee Mobile Application.
  • By logging into the mobbee Mobile Application, the User also agrees to:
    • the Administrator collecting the User's personal data obtained during login and posted by the User as part of their User Account, and processing such data for the purpose of providing the services under these Terms and Conditions;
    • locating their mobile device through the mobbee Mobile Application.

§5

Rules of operation of the mobile application

  • Creating a User Account requires the User to provide an active email address. This data will be available only to the Administrator, excluding other Users.
  • The User may delete their User Account from the mobbee Mobile Application at any time by sending an email with such a request to: bzz@mobbee.pl. Upon deletion of the User Account, the User's profile, including all data contained therein, will be permanently and irretrievably deleted from the mobbee Mobile Application. Once the User Account has been deleted, it cannot be restored or the deleted data recovered, but the same User may create a new User Account. Deletion of the User Account is tantamount to termination of the contract for the provision of electronic services, but this does not prevent the User from logging in again.
  • The User may uninstall the mobbee Mobile Application from their mobile device at any time, whereby uninstalling the mobbee Mobile Application does not mean deleting the User Account.
  • The services provided by the Service Provider are available 24 hours a day, 7 days a week.
  • With regard to the availability specified in section 5 above, exceptions may be made in the event of failures that limit Users' access to the mobbee mobile application.

§6

mobbee voucher

  • The mobbee voucher entitles the holder to use the full version of the mobbee application on devices with Android, iOS, and Windows operating systems for a period of 1 year from the date of activation.
  • The mobbee voucher is a service voucher.
  • The voucher must be activated within 24 months of the date of purchase.
  • To activate the voucher, go to http://mobbee.pl/voucher-code.html, then enter the email address used to activate the account and the code from the voucher. If the voucher code is validated correctly, a one-year license linked to the email address provided will be activated.
  • The voucher cannot be redeemed for cash or exchanged for another mobbee product.
  • A previously activated voucher cannot be canceled.

§7

Intellectual property rights

  • All rights, including copyrights and related rights, relating to the content of the mobbee Mobile Application are the property of the Service Provider. The User may download materials available in the mobbee Mobile Application solely for personal, non-commercial use.
  • The Application and all materials and information contained therein, as well as the layout of the content presented within the Application, logos, graphic elements and trademarks, are the exclusive property of the Service Provider or its business partners and are subject to legal protection.

§8

Protection of personal data

  • The administrator of Users' personal data is Adam Mach Supersonic, residing at ul.Kamienna 5d/108, 05-120 Legionowo, REGON:142638391, NIP: 5992664153.
  • The administrator processes Users' data for the purpose and to the extent necessary to provide the Services.
  • The provision of personal data by the User is voluntary. The Administrator also informs the User that the User has the right to access the User's personal data, correct it, as well as withdraw the consent given to the Administrator for the processing of the User's personal data in accordance with the Act of August 29, 1997 on the protection of personal data (i.e. Journal of Laws of 2016, item 922).

§9

Complaints and out-of-court dispute resolution

  • The User is entitled to submit complaints to the Service Provider regarding the Services provided.
  • The User may submit Complaints in the following form:
    • in writing – by post;
    • electronically – to the email address bzz@mobbee.pl
  • In order for the Service Provider to efficiently process the complaint, the Complaint should include: the User's first name, last name, telephone number, and email address (provided during registration), the model of the device, the name and model of the mobile device, the current version of the ICT system installed on the mobile device, as well as a detailed description and indication of the reason for the complaint.
  • The complaint will be considered by the Service Provider immediately, but no later than within 30 days of its receipt by the Service Provider. In particularly complex cases, preventing the complaint from being considered and a response being provided within 30 days, the Service Provider shall provide the User with information indicating the reason for the delay, the circumstances that must be established in order to consider the complaint, and shall indicate the expected date of consideration of the complaint and response, but no later than 60 days from the date of receipt of the Complaint by the Service Provider.

§10

Final provisions

  • These Terms and Conditions shall enter into force on March 1, 2019.
  • The Terms and Conditions are available on the Website.
  • The Service Provider reserves the right to amend the Terms and Conditions at any time.
  • >In the event of any changes to the Terms and Conditions, they will be delivered to the User by posting them on the Website.
  • In matters not covered by the Terms and Conditions, the relevant provisions of generally applicable law shall apply, including in particular the Civil Code and the Act on the provision of electronic services.