Terms & Conditions of Digital Goods Provision

§ 1. General provisions

  • These Terms and Conditions (hereinafter: “Terms and Conditions”), set out the terms and conditions for the provision of Digital Goods through the application “TerraEYE” operating at the Internet address terraeye.co (hereinafter: “App”).

  • The Terms and Conditions constitute the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (hereinafter: “Electronic Services Act”).

  • The Provider of Digital Goods is Remote Sensing Business Solutions Sp. Z O. O., a simple joint stock company incorporated and registered in Poland whose registered office is located at Jana Długosza str. 60A, 51-162 Wrocław, Poland, registered in the Polish Court Registry under no. 0001105923, NIP: 8952241235, (the “Customer”), with a share capital of 723 403 zł paid in full (hereinafter: “Provider”).

  • The Provider may be contacted by:

    • e-mail at the following address: office@terraeye.co;

    • postal service – at the address: Jana Długosza 60a, 51-162, Wrocław, Poland.

  • During its activities, the Provider:

    • provides Digital Goods to Recipients;

    • provides Newsletter to Subscribers.

  • Information on the Digital Goods available in the App, in particular its descriptions, technical and usage parameters, constitutes an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter: “Civil Code”).

  • Before using the App, the Customer is obliged to read the Terms and Conditions and Privacy Policy.

  • To matters not regulated by the present Terms and Conditions, the provisions of the Terms and Conditions of the App, available at: https://app.terraeye.co/#/terms-and-conditions (hereinafter: “App Terms and Conditions”).

§ 2. Definitions

Capitalised words used in these Terms and Conditions shall have the following meanings:

  • Agreement - the Agreement on Digital Goods Provision or the Newsletter Subscription Agreement;

  • Agreement on Digital Goods Provision - an agreement on the provision of digital goods within the meaning of the Consumer Rights Act under which the Provider undertakes to deliver Digital Goods to the Subscriber, and the Subscriber undertakes to conclude a Newsletter Subscription Agreement with the Provider or pay the price;

  • App Terms and Conditions - term defined in § 1 Section 8 hereof;

  • Business Day - a day that is not a Saturday, Sunday or any other public holiday within the meaning of the Act on Public Holidays of 18 January 1951;

  • Civil Code - the term defined in § 1 Section 6 hereof;

  • Consumer - a natural person making a legal transaction with the Provider which is not directly related to his/her economic or professional activity;

  • Consumer Rights Act - the Act of 30 May 2014 on consumer rights;

  • Customer - the Recipient or the Subscriber;

  • Digital Goods - Digital Goods or Newsletter;

  • Digital Goods - digital content within the meaning of the Consumer Rights Act that can be delivered to the Recipient, in particular an electronic book (e-book), audio recording, audiovisual recording, graphics;

  • Electronic Services Act - the term defined in § 1(2) hereof;

  • Entrepreneur - a natural person, a legal person or an organisational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in its own name;

  • Entrepreneur with Consumer Rights - a natural person conducting a business or professional activity in his/her own name who has entered into an Agreement with the Provider directly related to his/her business activity, but which is not of a professional nature for this person, arising in particular from the subject of his/her business activity;

  • Licence - term defined in § 7 Section 1 hereof;

  • Newsletter - digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the current activities of the Provider (including information on new products and promotions available in the App);

  • Newsletter Subscription Agreement - an agreement for the supply of digital content within the meaning of the Consumer Rights Act under which the Provider undertakes to provide the Subscriber with a Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Provider with personal data;

  • Non-Compliance - shall be understood as non-compliance of the Digital Goods with the Agreement on its delivery (the criteria for assessing the compliance of the Digital Goods with the Agreement on its delivery are specified in Article 43k(1-2) of the Consumer Rights Act);

  • Privacy Policy - a document containing information about the processing of Customers' personal data by the Provider;

  • Provider - the term defined in § 1 Section 3 hereof;

  • Recipient - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights, who has concluded an Agreement on Digital Goods Provision with the Provider or has taken steps to conclude such an Agreement;

  • Subscriber - a person who is a Consumer, Entrepreneur or Entrepreneur with Consumer Rights who has entered into a Newsletter Subscription Agreement with the Provider or has taken steps to enter into such an Agreement;

  • Terms and Conditions - the term defined in § 1 Section 1 hereof;

§ 3. Technical requirements

  • For proper use of the App by Customers, all the following requirements must be satisfied jointly:

    • Internet connection;

    • a device(s) enabling the use of Internet resources;

    • a web browser capable of displaying hypertext documents on the device's screen, linked to the Internet via the World Wide Web service and supporting the JavaScript programming language, which moreover accepts cookies;

    • an active e-mail account.

  • Within the App, it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programmes (in particular process automation scripts and applications or other codes, files or tools).

  • The Provider informs that it uses cryptographic protection of electronic transfer and digital content using appropriate logical, organisational and technical measures, in particular to prevent third-party access to data, including by SSL encryption, use of passwords and anti-virus or anti-malware programmes.

  • The Provider advises that despite the application of safeguards referred to in Section 3 above, the use of the Internet and services provided electronically may be at risk of malicious software entering the Customer's computer system and device or of third parties gaining access to the data on that device. In order to minimise the aforementioned risk, the Provider recommends the use of anti-virus programmes or means of protecting identification on the Internet.

§ 4. App terms of use

  • The Customer is obliged to use the App in a manner consistent with generally applicable laws, provisions of the Terms and Conditions, as well as with good morals.

  • The provision of unlawful content by the Customer is prohibited.

§ 5. Newsletter Subscription Agreement

  • In order to conclude the Newsletter Subscription Agreement, the Subscriber shall provide the Provider with his/her email address and submit a statement that he/she consents to receive the Newsletter, that he/she has read the Terms and Conditions and Privacy Policy and accepts their provisions.

  • The actions indicated in Section 1 above may be performed in any way, in particular the Subscriber may fill in the electronic form available in the App.

  • The Newsletter Subscription Agreement shall be concluded for an indefinite period of time.

  • The Provider informs and the Subscriber acknowledges that:

    • the delivered Newsletter is not subject to subsequent update;

    • the Newsletter delivery frequency and dates are not predetermined and depend on the current situation of the Provider.

  • The Newsletter shall be delivered by email to the email address provided by the Subscriber.

  • The Subscriber may terminate the Newsletter Subscription Agreement with immediate effect at any time and without stating any reason. In addition, pursuant to Article 27 et seq. of the Consumer Rights Act, the Subscriber who is a Consumer or Entrepreneur with Consumer Rights may terminate the Newsletter Subscription Agreement without stating reasons within 14 (fourteen) days from its conclusion.

  • Rescission of the Newsletter Subscription Agreement or its termination, regardless of the grounds for such action, shall require a relevant statement to be submitted by the Subscriber to the Provider. The statement referred to in the preceding sentence may be made by:

    • clicking by the Subscriber on the link enabling cancellation of the Newsletter subscription service, which is sent together with each Newsletter;

    • the Subscriber sending to the Provider a statement on rescission of the Newsletter Subscription Agreement or its termination by email. The statement referred to in this point 2 may also be submitted using the form constituting Appendix No. 2 to the Act on Consumer Rights.

  • The Provider shall cease the delivery of the Newsletter to the Subscriber immediately after the Subscriber has performed one of the actions indicated in Section 7 above.

§ 6. Agreement on Digital Goods Provision

  • The Recipient may receive Digital Goods available in the App:

    • free of charge - subject to the conclusion of a Newsletter Subscription Agreement;

    • for a fee - if Newsletter Subscription Agreement is not concluded.

  • If the Recipient wishes to receive the Digital Goods free of charge, they should perform the following steps:

    • go to the App's website;

    • go to the tab of the Digital Goods selected;

    • enter their name and e-mail address in the form that appears;

    • obligatorily tick the checkbox next to the statement confirming their consent to receive the Newsletter, the fact of having read the Terms and Conditions and Privacy Policy and acceptance of the provisions thereof;

    • confirm the consent to receive the Newsletter.

  • Confirmation of consent to receive the Newsletter is equivalent to the Recipient entering into:

  • Agreement on Digital Goods Provision, and

  • Newsletter Subscription Agreement.

  • The provisions of § 5 hereof shall apply to the Newsletter Subscription Agreement concluded pursuant to the provisions of this § 6.

  • The termination of the Newsletter Subscription Agreement or rescission thereof after the delivery of the Digital Goods shall not affect the validity and effectiveness of the Agreement on Digital Goods concluded in accordance with the provisions of this § 6.

  • If the Recipient wishes to receive the Digital Goods for a fee, the they should contact the Provider by e-mail at the address indicated in § 1, Section 4, Point 1 of the Terms and Conditions in order to individually agree on the terms and conditions of the Agreement on Digital Goods Provision.

  • The Digital Goods shall be delivered to the Recipient immediately after the conclusion of the Agreement on Digital Goods Provision.

  • The Provider shall deliver the Digital Goods to the Recipient by e-mail to the e-mail address provided by the Recipient.

  • The Provider advises and the Recipient acknowledges that the Digital Goods are not subject to update.

  • Should the Digital Goods not be delivered within the period indicated in Section 7 above, the Recipient shall call upon the Provider to deliver the Digital Goods. The call referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 Section 4 Point 1 hereof. Should the Provider fail to deliver the Digital Goods immediately upon receipt of the request or within an additional period of time expressly agreed upon with the Recipient, the Recipient may rescind the Agreement on Digital Goods Provision.

  • Rescission of the Agreement on Digital Goods Provision shall require a statement of rescission to be submitted by the Recipient to the Provider. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 Section 4 Point 1 hereof.

  • Where the rescission relates to an Agreement on Digital Goods Provision for a fee, the Provider shall refund the price of the Digital Goods paid by the Recipient immediately, but no later than within 14 (fourteen) days of receipt of the Recipient's statement on rescission of the Agreement on Digital Goods Provision. The price shall be reimbursed using the same method of payment as used by the Recipient, unless the Recipient has expressly agreed to a different method of reimbursement that does not entail any costs for them.

  • The provisions of Sections 10-12 above shall apply only to Recipients who are Consumers or Entrepreneurs with Consumer Rights.

§ 7. Licence

  • Upon delivery of the Digital Goods to the Recipient, the Provider shall grant the Recipient a non-exclusive licence to use such Digital Goods on the terms and conditions set out herein (hereinafter: the “Licence”).

  • The licence is granted for an indefinite period of time.

  • The licence entitles the Recipient to use the Digital Goods exclusively in the following fields of exploitation:

    • storage in the memory of electronic devices owned by the Recipient;

    • playing and viewing the Digital Goods;

    • reproduction of the Digital Goods, but only to the extent justified by the Recipient's personal needs.

  • The Recipient may use the knowledge and instructions contained in the Digital Goods in their private and professional life and for the purposes of their business activities. However, the licence does not authorise the Recipient to share the Digital Goods with any other persons, with the exception of cases of sharing the Digital Goods on the basis of the provisions of Title 3 of the Act of 4 February 1994 on copyright and related rights on the allowed use of protected works. Making the Digital Goods available to any other persons except in cases of permitted use of protected works requires a prior consent of the Provider.

  • The Licence does not entitle the Recipient to grant further licences.

  • The Recipient's use of the Digital Goods in violation of the terms of the Licence constitutes an infringement of the Provider's copyrights, entitling the Provider (depending on the nature of the infringement) to file claims against the Recipient under court proceedings.

§ 8. Complaints regarding Digital Goods

  • The provisions of this § 8 apply exclusively to:

    • Customers who are Consumers or Entrepreneurs with Consumer rights;

    • Non-Compliance of the Digital Goods with the Agreement on Digital Goods Provision and Non-Compliance of the Newsletter with the Newsletter Subscription Agreement.

  • The Digital Goods supplied by the Provider to the Customer must comply with the Agreement for the supply thereof:

    • at the time of delivery - where the Digital Goods is delivered once or in parts;

    • throughout the period of delivery of the Digital Goods in question - where the Digital Goods is delivered on a continuous basis.

  • The Provider shall be liable for Non-Compliance:

    • existing at the time of delivery of the Digital Goods and disclosed within 2 (two) years from that time - where the Digital Goods is delivered once or in parts;

    • disclosed during the period of delivery of the Digital Goods - where the Digital Goods is delivered on a continuous basis.

  • In the event of disclosure of Non-Compliance, the Customer may submit a complaint with a demand to bring the Digital Goods into compliance with the Agreement for the provision thereof.

  • The complaint shall be submitted by e-mail to the address indicated in § 1 Section 4 Point 1 hereof.

  • The complaint should include:

    • the name and surname of the Customer;

    • e-mail address;

    • a description of the Non-Compliance disclosed;

    • a request to bring the Digital Goods into conformity with the Agreement for the provision thereof.

  • The Provider may refuse to bring the Digital Goods into compliance with the Agreement for its provision if this is impossible or would require the Provider to incur excessive costs.

  • After considering the complaint, the Provider shall provide the Customer with a response to the complaint in which the Provider:

    • acknowledges the complaint and indicates the planned date for bringing the Digital Goods into compliance with the Agreement for the provision thereof;

    • refuses to bring the Digital Goods into compliance with the Agreement for the provision thereof for the reasons indicated in Section 7 above;

    • rejects the complaint on the grounds that it is unsubstantiated.

  • The Provider shall respond to the complaint by email within 14 (fourteen) days of receiving the complaint.

  • If the complaint is accepted, the Provider shall, at its own expense, bring the Digital Goods into conformity with the Agreement for the provision thereof within a reasonable time from the date of receiving the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Goods and the purpose for which it is used. The planned deadline for bringing the Digital Goods into compliance with the Agreement for the provision thereof shall be indicated by the Provider in its response to the complaint.

  • If a Non-Compliance is disclosed, subject to Section 14 below, the Customer may submit to the Provider a statement of price reduction or rescission of the Agreement when:

    • it is either impossible to bring the Digital Goods into conformity with the Agreement for the provision thereof or excessive costs would have to be incurred;

    • the Provider has failed to bring the Digital Goods into conformity with the Agreement for the provision thereof in accordance with Section 10 above;

    • the Non-Compliance continues even though the Provider has attempted to bring the Digital Goods into conformity with the Agreement for the provision thereof;

    • the Non-Compliance is so significant as to justify rescission of the Agreement on the Provision of the Digital Goods in question without first requiring the Provider to bring the Digital Goods into compliance with the Agreement for the Provision thereof;

    • it is clear from the Provider's statement or circumstances that the Provider will not bring the Digital Goods into conformity with the Agreement for the Provision thereof within a reasonable time or without undue inconvenience to the Customer.

  • The statement of price reduction or rescission of the Agreement may be made by e-mail to the address indicated in § 1 Section 4 Point 1 hereof.

  • The statement of price reduction or rescission of the Agreement should include:

    • the Customer's name and surname;

    • e-mail address;

    • date of delivery of the Digital Goods;

    • description of the Non-Compliance disclosed;

    • indication of the reason for the statement, selected from the reasons indicated in Section 11 above;

    • a statement of price reduction, with an indication of the reduced price, or a statement of rescission of the Agreement.

  • The Customer shall not be entitled to submit a price reduction statement to the Provider in the event of Non-Compliance of the Newsletter or Digital Goods supplied free of charge.

  • The Provider shall not be entitled to claim payment for the time during which the Digital Goods was not in conformity with the Agreement on Provision thereof, even if the Customer used the Digital Goods before rescinding the Agreement on Provision thereof.

  • The reduced price must be in such proportion to the price under the Agreement on Digital Goods Provision as the value of the Digital Goods not complying with the Agreement for the provision thereof remains to the value of the Digital Goods complying with the Agreement for the provision thereof.

  • The Provider shall be obliged to refund the price of the Digital Goods only for the part corresponding to the part of the Digital Goods which does not comply with the Agreement for its provision and the part of the Digital Goods in respect of which the obligation to provide has ceased due to the rescission of the Agreement for its provision.

  • The Provider shall return the amounts due to the Customer as a result of exercising the right to reduce the price immediately or the right to rescind the Agreement, no later than within 14 (fourteen) days of receiving the price reduction statement. The reimbursement of the amounts referred to in the preceding sentence shall be made using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of reimbursement that does not entail any costs for them.

  • The Customer is not entitled to rescind the Agreement on Digital Goods Provision if the Non-Compliance is immaterial.

  • In the event that the Subscriber rescinds the Newsletter Subscription Agreement, the Provider shall cease to provide the Newsletter immediately upon receipt of the statement on rescission of the Newsletter Subscription Agreement.

  • Pursuant to Article 34 Section 1a of the Consumer Rights Act, in the event that the Customer rescinds the Agreement Digital Goods Provision, the Customer shall be obliged to cease using such Digital Goods and making it available to third parties.

§ 9. Intellectual property of the Provider

  • All components of the App, in particular:

    • the name of the App;

    • the logo of the App;

    • photographs and descriptions of Digital Goods;

    • operation principles of the App's website, all its graphic elements, interface, software, source code and databases

    - are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including European Union law.

  • Any use of the Provider's intellectual property without authorisation under these Terms and Conditions or prior express permission of the Provider is prohibited.

§ 10. Personal data processing

For information about the Provider's processing of personal data, please refer to the Privacy Policy available at: https://terraeye.co/privacy-policy.

§ 11. Out-of-court dispute resolution

  • The provisions of this § 11 apply only to Customers who are Consumers.

  • The Customer may use the out-of-court ways of dealing with complaints and pursuing claims.

  • Detailed information on the possibility of using out-of-court complaint and redress procedures by the Customer, as well as rules of access to these procedures, are available at the offices and websites of:

    • poviat (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;

    • Voivodship Inspectorates of Trade Inspection;

    • Office for Competition and Consumer Protection.

  • The Customer may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 12. Amendments to the Terms and Conditions

  • The Provider may amend the Terms and Conditions in the event:

    • of a change in the Provider's data;

    • of a change of the objects of the Provider's business;

    • the Provider starts to provide new services, modifies the services previously provided or ceases to provide them;

    • of technical modifications of the App requiring an adjustment of the provisions of the Terms and Conditions to reflect them;

    • of a legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current state of the law.

  • Customers will be informed of the amendments to the Terms and Conditions by publication of the amended version on the App's website. At the same time, the amended version of the Terms and Conditions will be sent to Subscribers by e-mail.

  • To Agreements on Digital Goods Provision concluded before the date of publication of the new Terms and Conditions on the App's website, the provisions of the then-current Terms and Conditions shall apply.

  • The Subscriber who does not agree to the amendment to the Terms and Conditions may terminate the Newsletter Subscription Agreement with immediate effect within 7 (seven) days of receiving the amended version of the Terms and Conditions by e-mail. Failure to terminate shall be deemed acceptance of the amended Terms and Conditions.

  • Termination of the Newsletter Subscription Agreement shall be effected by submitting to the Provider a statement on termination of the Newsletter Subscription Agreement by the Subscriber. The statement referred to in the preceding sentence may be sent by email to the address indicated in § 1 Section 4 Point 1 of the Terms and Conditions.

  • Immediately upon receipt of the statement referred to in Section 5 above, the Provider shall cease Newsletter delivery.

§ 13. Final provisions

  • These Terms and Conditions, the Newsletter Subscription Agreement and the Agreement on Digital Goods Provision shall be governed by Polish law. However, the choice of Polish law made in the preceding sentence shall not deprive the Consumer of the protection stemming from the provisions of foreign law which cannot be excluded by agreement and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.

  • The current version of the Terms and Conditions is effective as of 17.02.2024r.