REGULATIONS

 

REGULATIONS OF USING THE DBEES.COM SERVICE AND MOBILE APPLICATION 
(REGULATIONS)

1.    MISCELLANEOUS

1.1.    The subject matter of these Regulations are the terms of functioning and use of the mobile application and web service under the Internet address dbees.com (the service).

 

1.2.    The purpose of the serviceand mobile application is to support people with diabetes in managing the disease through the possibility of simple and intuitive data registration, popularize a pro-active attitude and knowledge related to diabetes, as well as provide Users with the possibility of making specific data available to doctors for consultation.

 

1.3.    The Regulations determine the rights and obligations of Users of the service, as well as the scope of rights and liability of the Administrator as an entity managing and running the service.

 

1.4.    The owner and Administrator of dbees.com serviceand mobile application is Freshware Tomasz Tomala, having its registered office in Lublin 20-350, Dobra 7 (Tax Identification Number 946-232-89-52; REGON 060402163).

2.    ACCEPTANCE OF THE REGULATIONS

2.1.    Using the servicemeans the User's acceptance of these Regulations and making the following statements:

 

2.1.1.    I have read the Regulations and I accept all provisions thereof;

 

2.1.2.    I have voluntarily started to use the serviceand mobile application;

 

2.1.3.    Data contained in the registration form and the dedicated User account are true;

 

2.1.4.    I give my permission to processing of my personal data by the Administrator for the purposes of due execution of the contracton electronic provision of services;

 

2.1.5.    I give my permission to receiving system information, messages from the Administrator and information about difficulties, changes or technical breaks in the service's operation;

 

2.1.6.    Personal data, image and information concerning third persons were entered to my account lawfully, voluntarily and with their consent.

 

2.2.    The User cannot use the serviceor accept the terms of using it, if:

 

2.2.1.    He or she is an under-age person and, therefore, may not conclude a binding agreement (in such cases approval by a statutory representative is required);

 

2.2.2.    He or she is a person who, in accordance with the law, cannot use the service.

3.    BASIC PRINCIPLES OF USING THE SERVICE AND MOBILE APPLICATION

 

3.1.    Using the serviceand mobile application is voluntary and free of charge.

 

3.2.    When using the serviceand the application, the User may (as a result of using the serviceor application, or through them) use the service, download software or purchase goods from another person or company. In particular, by synchronizing the mobile device, the User uses the Internet and may bear possible costs according to the price list of the telephone service provider. The User's use of such other services, other software or other goods may be subject to separate terms agreed between the User and a given company or person. In such a case, the Regulations remain without impact on the legal relationship between the User and such a company or natural person.

 

3.3.    To use the service, the User needs to have a device with Internet access, along with a program for browsing Internet resources, accepting cookies, an e-mail account and a mobile device (a mobile phone).

 

3.4.    Registration procedure and establishment of a dedicated account takes place by filling in the registration form.

 

3.5.    The contract for electronic provision of services is concluded upon registration, for an indefinite period of time.

 

3.6.    To gain access to some elements of the service or application, it may be necessary to specify some information about the User during registration in the serviceor during continuous use of the service. For the purposes of registration, the User undertakes to provide only correct and up-to-date information.

 

3.7.    Either of the Parties to the contract for electronic provision of services may terminate it with immediate effect and without specifying the cause.

 

3.8.    Any information, publications, private opinions published in the service or received under the provided services are only for information purposes. None of the published information should be understood as a professional medical advice, indications concerning the method and type of administering medicinal products, indications concerning the way of using medicinal products, lack of the need to conduct medical treatments.

 

3.9.    Any persons or entities being the authors of information contained in the service, including the Owner, shall not be liable for any consequences, in particular for damage resulting from the use of information contained in the service.

 

3.10.    Any decisions concerning the use of medicinal products, method of treatment, selection of therapy indicated in the service should be supported by consultations with a doctor.

 

4.    RIGHTS AND RESPONSIBILITIES OF THE PARTIES

 

4.1.    Bearing in mind provision of the best quality of services, the User acknowledges that the form and nature of services and applications are subject to periodical changes (without the need of prior notification of such changes to the User) and agrees to such changes.

 

4.2.    The User acknowledges that under the introduced changes, the services and applications (or any elements thereof) may cease (permanently or temporarily) to be made available to the User or all Users, without the need of prior notification of such discontinuation to the User, and the User agrees to such a situation.

 

4.3.    Each User shall be obliged, in particular, to:

 

4.3.1.    Comply with personal copyrights and rights resulting from registration of inventions, patents, trademarks, utility and industrial models of the Administrator and other persons;

 

4.3.2.    Refrain from any actions that would affect the privacy of other Users, first of all, consisting in collection, processing and dissemination of information about other Users without their clear consent, except for a situation where these activities are consistent with law regulations and provisions of these Regulations;

 

4.3.3.    Refrain from any activities that could hinder or disturb the functioning of the service and mobile application, as well as activities consisting in destroying, changing, removal, damaging, hindering access to the accounts of other Users;

 

4.3.4.    Not to undertake any activities to the detriment of the Administrator, Users and other people.

 

4.4.    In the case of committing such acts by the User, the Administrator has the right to block the account.

 

4.5.    The User agrees not to gain (or try to gain) access to the services and applications using means other than the available interface, subject to a consent to such access by way of a separate contract.

 

4.6.    The User hereby states that any content, including pictures and personal data, published by him in the service, are true and do not infringe any copyrights and personal rights. The User hereby also states that he has obtained a consent of third persons to publishing content showing or relating to these persons.

 

4.7.    It is not allowed to use the service in a manner inconsistent or invalid with its community purpose. In particular, it is prohibited to publish content and pictures of erotic or pornographic nature, or showing or propagating violence, hatred, discrimination (racial, cultural, ethnic, religious or philosophical, etc.), violating personal goods or insulting the dignity of other persons. The Users are also prohibited to send spam and non-ordered commercial information and to pursue commercial, advertising, promotional activities, etc.

 

4.8.    The Administrator reserves the right to block an account of the User whose actions are deemed harmful for the service or other Users or who violates any provision of the present Regulations.

 

4.9.    In the event when the User publishes any content which is unlawful, abusive, untrue, inconsistent with law regulations, propagates violence, hatred, violates moral standards or good customs, the Administrator may remove such content and is entitled to block the account.

 

4.10.    The User acknowledges that he shall bear sole responsibility for the content created by the User, conveyed by him or published while using the service, as well as for any consequences of such actions of the User.

 

4.11.    The User acknowledges that in the event of blocking the User's account by the Administrator, he shall not be able to use the service, shall not have access to the account, documents or any other content on the User account, and agrees to such a situation.

 

4.12.    The User acknowledges that he shall be liable for preservation of confidentiality of passwords related to User accounts, used for gaining access to the service and mobile application, and shall bear sole responsibility for any activities performed via his account.

 

4.13.    The User undertakes not to multiply, modify, duplicate, copy, translate, issue, display, re-publish, transmit and sell the whole or any part of the service and mobile application, create dependent works, apply backward engineering techniques, decompile or try to otherwise discover the software source code of the service, the application or any part thereof, introduce to the market or resell the whole or any part of the service and mobile application, unless it is expressly allowed or required on the basis of law regulations or the User has obtained a written consent to such actions.

 

4.14.    The User shall be obliged not to use any mechanisms for data processing, robots, scraping type mechanisms or other similar methods of data collection.

 

4.15.    The User may not assign the rights granted to him to use the service or the application, or grant a sublicense for them, provide protection the subject matter of which are the rights to use, nor otherwise sell any part of the rights granted to him to use the service and application, unless the User has obtained such a consent in writing.

 

4.16.    The User shall retain copyrights and any other rights granted to him to the content the User was supplying, publishing or displaying in the service, application or through them. By delivering, publication or displaying the content, the User grants to the Owner a perpetual, irrevocable, free and non-exclusive licence valid worldwide for copying, adaptation, modification, translation, publication, public performance, public display and dissemination of the content delivered, published or displayed by the User in the service, application or through them.

 

4.17.    The User acknowledges that on the basis of the present licence the Owner has the right to make available the content to other entities, organizations or natural persons he cooperates with for the purpose of common provision of services as well as to use the content in connection with provision of such services.

 

4.18.    The User acknowledges that, when performing technical activities necessary for making the service available, the User’s content may be transferred or disseminated in various public networks and in various means of communication, and there may arise the necessity to change the User's content to adjust it to the technical requirements of combined networks, devices, services or means of communication. The User expresses his consent to undertaking such actions.

 

4.19.    The User acknowledges and agrees that the Owner of the service is, at the same time, the owner of any rights and titles to the service and mobile application, including intellectual property rights (regardless of whether these rights have been registered and in what countries they are binding).

 

4.20.    The provisions of these Regulations do not constitute the basis for granting to the User the right to use trade names, trademarks, service marks, logo, names of domains and other distinguishing features related to dbees.com service and mobile application.

 

4.21.    When using the service and the application, the User undertakes not to use any trademark, service mark, trade name or logo of any company or organization which can or are supposed to mislead the recipients with regard to the owner or authorized user of such signs, names or logo, or constitute an advertisement of products or services.

 

4.22.    The User acknowledges that he shall bear sole responsibility for any violation of the User's obligations resulting from the Regulations and their possible consequences.

 

4.23.    The Administrator shall not bear liability for disturbances in functioning of the service caused by force majeure, equipment failure or unauthorized interference of the Users, even if they would result in data loss on User accounts.

 

4.24.    The Administrator shall not bear liability for temporary impossibility of the Users to use the service's functions, resulting from making changes and improvements in the system.

 

4.25.    The Administrator shall not bear liability for the content transferred and published by the Users. The content published by the Users does not constitute views and opinions of the service's creators. However, the Administrator reserves the right to: edit, shorten the text or remove the content forbidden by law, vulgar, abusive or otherwise violating the principles of social coexistence. The User publishing forbidden content may bear criminal and civil liability towards the Administrator or other persons.

 

4.26.    The Administrator shall not bear liability for actions of other persons, nor for their use of User data not consitent with the purpose of the service's operation.

5.    PROTECTION OF PERSONAL DATA AND PROCESSING OF INFORMATION ABOUT THE USER, NOT BEING PERSONAL DATA

 

5.1.    Under electronic provision of services through the service, the Users provide personal data to the Administrator. The Administrator of the service is the Administrator of personal data.

 

5.2.    By accepting these Regulations, the User expresses his consent to processing by the Administrator the personal data provided in the registration form and while using the service and the application, in accordance with valid law regulations and these Regulations, for the purpose of correct provision of services within the service and using its all functionalities, as well as for the operational and statistical purposes related to running the website, as well as for marketing purposes.

 

5.3.    The User has the right to access the content of his data and to correct them. By accepting these Regulations, the User, in addition, expresses his consent to receiving commercial information from the Administrator through electronic communication means.

6.    PRIVACY POLICY

 

6.1.    Information on the applied data protection policy is available under the address: http://dbees.com/text.php?id=6

 

6.2.    The User expresses his consent to using the User's data in accordance with the published privacy policy.

7.    SOFTWARE UPDATES

 

7.1.    Service and application software used by the User may automatically download and install updates.

 

7.2.    Updates are intended to improve, modernize and develop the service. They can have a form of defect-repairing programs, improved functions, new modules of software and completely new versions .

 

7.3.    By accepting the Regulations, the User expresses his consent to receiving updates while using the service and the application.

8.    GUARANTEE AND LIMITATION OF LIABILITY

 

8.1.    Making the service and application available is not covered by any guarantee, in particular, the Owner does not guarantee to the User:

 

8.1.1.    The possibility of using the service and the application in a continuous, safe and error-free manner;

 

8.1.2.    Removal of defects in operation or functionalities of the software.

 

8.2.    No other terms, guarantees or decisions (including implied terms concerning satisfactory quality, suitability for a specific purpose and compliance with the description) shall apply to the service and the application, unless expressly defined in the Regulations.

 

8.3.    The provisions of these Regulations remain without impact on statutory rights granted to the User as a consumer, that the User may not change or waive under the contract.

 

8.4.    The provisions of these Regulations shall not constitute the basis for exclusion or limitation of the service's Owner's liability for losses, the liability for which cannot be excluded or limited according to valid legal regulations.

 

8.5.    Subject to the general provision included in the item above, the Owner shall bear no liability towards the User for:

 

8.5.1.    Any indirect or resulting losses that may be sustained by the User. These losses include loss of profit (directly or indirectly), loss of the entrepreneur's renown or reputation, or loss of data by the User;

 

8.5.2.    Any losses or damage that may be sustained by the User as a result of:

 

8.5.2.1.    Activities undertaken by the User on the basis of the conviction that the advertisement is complete, precise or that it exists, or as a result of relations or transactions between the User and the advertiser or the sponsor the advertisement of which has been published in the service or the application;

 

8.5.2.2.    Changes that have been or may be introduced in the service or application, as well as permanent or temporary cessation of making the service and application (or any parts thereof) available;

 

8.5.2.3.    Deletion, damage or failure to preserve any content and other data stored or sent by the User while using the service or the application;

 

8.5.2.4.    The User's failure to preserve confidentiality and to protect the password and details concerning the account.

9.    ADVERTISEMENTS AND OTHER CONTENT

 

9.1.    The service's functioning may be financed from advertisements, therefore, advertisements, surveys and promotional offers maybe displayed both in the service and in the application. Such advertisements can be associated with the content of information preserved in the service and in the application, under inquiries addressed through the service or within other information.

 

9.2.    The method, mode and number of included advertisements may be changed without notifying the User of this fact.

 

9.3.    In exchange for providing the User with access and the right to use the service and the application, the User expresses his consent to publishing such advertisements and other information-promotional content.

 

9.4.    Hyperlinks to other websites, content or resources that the Owner may not have impact on may be published in the service and in the application. The User acknowledges and agrees that the Owner shall not be liable for availability of such websites or resources of third parties and does not sponsor advertisements, products or any other materials made available through such websites or resources.

 

9.5.    The User acknowledges that the content presented to him within the service and application, including advertisements and sponsored content, may be protected by intellectual property rights granted to sponsors or advertisers supplying the content (or other persons or entities operating on their behalf). The User may not modify such content (either in full or in part), give, lease, lend, sell, distribute it or create dependent works based on such content, unless the User obtains from the Owner of dbees.com or the owners of such published content a consent provided in the form of a separate contract.

10.    CHANGES IN THE TERMS OF THE REGULATIONS

 

10.1.    The Administrator reserves the right to unilateral changes in the provisions of the Regulations at any moment and without the need of justifying the cause.

 

10.2.    In the case of making changes in the Regulations, the Administrator shall inform the Users about this fact by publication of uniform text of the Regulations in the service.

 

10.3.    The condition for further use of the service is acceptance of the Regulations in full along with introduced amendments. Having read the new content of the Regulations, the User shall submit the following statement: "I hereby declare that I have read the new content of the Regulations and I accept all provisions thereof". Submission of the statement is equivalent to a declaration of will on continuation of the contract with the Administrator. In the event when the User does not accept changes in the Regulations, the User thus terminates the contract with the Administrator, which is equivalent to blocking the User's account.

 

10.4.    The Regulations shall enter into force upon announcement thereof on the service’s website. Contracts concluded between the Users and the Administrator before the effective date of the Regulations are subject to the provisions thereof upon acceptance by the User.

 

10.5.    In the event of changing or cancellationof any provision of these Regulations as a result of a final and binding ruling of the court, the remaining provisions thereof shall remain in force and shall be binding upon the Parties.

11.    FINAL REGULATIONS

 

11.1.    Source Regulations have been drawn up in the Polish language. In the event of discrepancies between the translation of the Regulations published on the service’s website and its source version, Polish version shall prevail.

 

11.2.    In the cases not governed by the Regulations, the provisions of the commonly binding Polish law shall apply, in particular the provisions of the Civil Code and of the Act on electronic provision of services.

 

11.3.    Valid version of the Regulations is available under the address:
http://dbees.com/text.php?id=4

 

11.4.    All archive versions of the Regulations are available under the address:
http://dbees.com/text.php?id=4

 

Date of the last modification: 14-12-2010