{"service":{"name":"Oktawave","url":"https://oktawave.com/en/company/legal/customers-regulations","lang":"ENG","sector":"Cloud storage","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Paid","date":""},"document":{"title":"","text":" \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \nTerms and conditions of Oktawave service to consumers \n1. DEFINITIONS ........................................................................................ 2 \n2. ENTERING INTO THE AGREEMENT ............................................................... 3 \n3. OBLIGATIONS OF THE SERVICE PROVIDER ...................................................... 4 \n4. OBLIGATIONS OF THE USER ...................................................................... 4 \n5. ACCESS TO THE SERVICES ......................................................................... 6 \n6. TERM OF THE AGREEMENT........................................................................ 6 \n7. THE FEE AND THE TARIFF UNITS ................................................................. 6 \n8. SUSPENSION OF ACCESS TO THE SERVICES ..................................................... 7 \n9. TERMINATION OF THE AGREEMENT .............................................................. 8 \n10. ENABLING ACCESS TO THE USER DATA ........................................................ 8 \n11. UNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE SERVICES ................. 9 \n12. RESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES .......................... 9 \n13. THE SERVICE LEVEL AGREEMENT ............................................................... 9 \n14. WARRANTY ........................................................................................ 9 \n15. PERSONAL DATA .................................................................................. 9 \n16. HANDLING COMPLAINTS ....................................................................... 10 \n17. DUAL-USE SERVICES AND ITEMS ............................................................... 10 \n18. CONFIDENTIAL INFORMATION ................................................................. 11 \n19. LIABILITY FOR LOSS OF THE USER DATA ..................................................... 11 \n20. CONTACTS WITH THE USER ................................................................... 12 \n21. INTELLECTUAL PROPERTY RIGHTS ........................................................... 12 \n22. ASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS .............................. 13 \n23. SUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE PROVIDER ........... 13 \n24. FORCE MAJEURE ................................................................................ 13 \n25. GOVERNING LAW AND JURISDICTION ........................................................ 13 \n26. AMENDMENTS TO THESE TERMS AND CONDITIONS ......................................... 13 \n \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n1. \nDEFINITIONS \nAPI Oktawave\ninterface layer which allows the User to remotely control the \nUser’s own Services via external tools. All operations which are \npossible in the Cloud within the User Account may be performed \nby API Oktawave; \nPrice List\nprice list for access to the Services. The prices in the Price List \ninclude \nVAT. \nThe \nPrice \nList \nis \navailable \nat \n[http://www.oktawave.com/en/pricelist.htm], also in a PDF \nformat; \nCloud\norganized IT system, including in particular hardware, software \nand telecommunication network, intended for providing the \nServices by the Service Provider; \nUser Data \nany data, including personal data, images, sounds, text, \nsoftware which the User transfers using the Services, and in \nparticular which the User stores using  Services;   \nUser Account \nelectronic service provided to the User, which involves \nmanagement of access to the Cloud and the use of the Services, \nas well as management of the Tariff Units bought; the User \nAccount \nTerms \nand \nConditions \nare \navailable \nat \n[http://www.oktawave.com/en/termsconditions.htm]; \nControl Panel \ngraphic interface of the Cloud operation, available through an \ninternet browser (compatible with the Services Provider \nrequirements); \nTerms and Conditions\nthis document, together with documents constituting its integral \nparts, which specifies the terms and conditions of providing the \nUserwith  the Service by the Service Provider. The latest version \nof these Terms and Conditions is always available at \n[http://www.oktawave.com/en/termsconditions.htm], also in a \nPDF format; \nService \nLevel \nAgreement (SLA) \nan agreement concerning a level of the Services, referred to in \nSection 13 of these Terms and Conditions; The SLA is always \navailable \nat \n[http://www.oktawave.com/en/termsconditions.htm], also in a \nPDF format; \nAgreement\nan agreement entered into between the Service Provider and \nthe User to enable the User access to the Cloud and the Services \nas specified in these Terms and Conditions; \nService \nservices consisting in providing the User with access to the Cloud \nresources (virtual applications, cloud computing, data base \nservices, virtual servers), virtual discs and private networks (for \ndata storage, sharing and processing) in accordance with \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \ntechnical conditions laid down by the Service Provider; \nService Provider\nentity which provides the Services in accordance with the \nAgreement, i.e. Oktawave Sp. z o.o. based in Warsaw, ul. \nDomaniewska 44a; 02-672 Warsaw, registered under KRS No: \n0000426334 in the District Court for the Capital city of Warsaw, \n13th Commercial Division of National Court Register, with share \ncapital of PLN: 1 000 000 zł, NIP 5213633306; REGON 146197794; \nUser \nperson who is 18 years old and has full capacity to perform legal \nacts, who is a consumer, and who has entered into the \nAgreement under which the Services are provided; \nTariff Units\nunits purchased for a fee; \nFee\nTariff Units bought by the User and intended for the use of the \nService selected by the User. \n2. \nENTERING INTO THE AGREEMENT \n2.1 \nIn order to enter into the Agreement and to obtain access to the Services it is \nnecessary to register into the Cloud using an e-registration form which the Service \nProvider \nmakes \navailable \nat \nhttps://admin.oktawave.com/Pages/CreateAccount.aspx. \n2.2 \nThis registration creates the User Account within the Cloud. During the registration \nthe User must provide basic information which is needed for the Cloud and the \nServices to be provided to the User, in particular: first and last name, contact data \n(e-mail and phone number, address of current stay, address of permanent \nresidence) PESEL, login, password, payer information. \n2.3 \nThe Agreement takes effect when all the following conditions have been fulfilled:  \n(i) \nregistration and creation of the User Account in the Cloud, \n(ii) \nacceptance of these Terms and Conditions by clicking in an appropriate form \nthat the User accepts these Terms and Conditions, \n(iii) \nfilling out an appropriate form confirming the choice of the Service \nparameters at the User Account level,   \n(iv) \nthe Fee paid in accordance with Section 7 of these Terms and Conditions. \n2.4 \nBy accepting these Terms and Conditionsthe User declares that:  \n(i) \nthe User has read these Terms and Conditionsand accepts them without any \nreservations,   \n(ii) \nthe User has entered into the Agreement freely, \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n(iii) \nthe data included in the registration form as well as declarations provided in \nthese Terms and Conditionsare true and correct.  \n2.5 \nThe Agreement includes these Terms and Conditions (as well as all their integral \nparts, including the SLA and the Price List) and a form confirming the selection of \nthe Service parameters. The Agreement is saved in the User Account, and then \navailable to the User in the User Account. The Agreement is secured by an \nencryption. \n2.6 \nThe User may correct any mistakes in the User authentication data in the User \nAccount.   \n3. \nOBLIGATIONS OF THE SERVICE PROVIDER \n3.1 \nThe Service Provider provides the User with access to the Cloud and the Services, \nincluding the hardware infrastructure and computing power (including processors \nand operational memory) in accordance with the provisions of SLA, specified in \nSection 13 of these Terms and Conditions. \n3.2 \nThe Service Provider also provides the Standard Technical Assistance via the User \nAccount, e-mail or by telephone. \n3.3 \nIn the light of the Providing Electronic Services Act of 18 July 2002, the Service \nProvider is not an initiator of the User Data transfer by the User in connection with \naccess to and use of the Services, does not select a recipient of the User Data \ntransfers, and does not select or modify the User Data (host). This means that the \nService Provider only supplies technical resources in the form of access to Services, \nand it is up to the User how the User makes use of the Services. The Service \nProvider does not monitor the content of the User Data.  \n3.4 \nThe Service Provider provides the Services which, due to their nature, cannot be \nreturned. \n3.5 \nThe User hereby agrees for the Services to be provided to the User immediately \nafter entering into the Agreement, that is before the lapse of a 10-day period when \nthe User is entitled withdraw from Agreement. \n3.6 \nTaking into account the nature of the Services which, due to their nature, cannot \nbe returned, and the fact that Services will be provided based on the User’s \napproval immediately after entering into the Agreement, the User will not be \nentitled to a 10-day period for the withdrawal from the Agreement as specified in \nthe Act of 2 March 2000 on the protection of certain consumer rights and on \nliability for damage caused by a dangerous product (extracts provided for in Article \n10.3 (1) and (5) of that Act apply). \n4. \nOBLIGATIONS OF THE USER \n4.1 \nThe User is obligated to: \n(i) \nobserve these Terms and Conditionsand applicable law when accessing and \nusing the Services, \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n(ii) \nensure properly secured access to and use of the Services, including \npasswords used for access to and use of the Services, and no access to the \nServices by unauthorized persons; the User is liable for any breach of the \ndata security resulting from an improperly secured access to and use of the \nServices,   \n(iii) \npay the Fee for accessing the Cloud and the Services,  \n(iv) \ncooperate with the Service Provider in cases specified in these Terms and \nConditions, \n(v) \nimmediately update information included in the registration form and the \nUser Account, \n(vi) \nimmediately notify the Service Provider of any unauthorized access to the \nServices, unauthorized disclosure or access to data which enable \nauthentication within the Cloud (e.g. passwords), unauthorized use of the \nServices or any other security breach, \n(vii) \nkeep at least one updated back-up of the User Data transferred to or via the \nCloud (including data stored using the Services); the User is obligated to \nkeep back-up copies in a different infrastructure than the infrastructure \nprovided by the Service Provider, \n(viii) \nobtain adequate titles, including intellectual property rights, to the User \nData, in particular to ensure the rights for the Service Provider, the Service \nProvider’s sub-contractors and entities cooperating with the Service \nProvider in the scope necessary for providing the Services.   \n4.2 \nThe User is solely responsible for the User Data.  \n4.3 \nThe User undertakes to use the Services in accordance with the applicable law, \nprinciples of social coexistence and good practice, and respect the rights of third \nparties. The User undertakes in particular to refrain from infringing:  \n(i) \npersonal data protection, \n(ii) \npersonal goods, including in particular image, right to privacy or \nconfidentiality of correspondence, \n(iii) \nintellectual property rights, in particular copyright and related rights \n(namely proprietary copyright and moral rights) as well as industrial \nproperty rights (including rights to inventions, utility models, industrial \ndesigns, trade marks, geographical indications and layout design of \nintegrated circuits) and know-how,  \n(iv) \nsecrecy protected by law, including proprietary information and trade \nsecrets, \n(v) \nsecurity of information, including information processed by ICT systems, \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n(vi) \npublic order, principles of social coexistence and good practice, in \nparticular by refraining from posting or disseminating certain contents, \nincluding fascist or other totalitarian philosophy propagating hate based on \nnationality, ethnic, sex, race or religious background, abusive content and \nprofanity,  \n(vii) \nrights resulting from the Providing Electronic Services Act of 18 July 2002, \nand in particular to online mailing of unsolicited advertising and marketing \ninformation. \n5. \nACCESS TO THE SERVICES \n5.1 \nIn order to use the Services the User must fulfil the following minimum technical \nrequirements:  \n(i) \nhaving a device which enables access to the internet, together with an \ninstalled internet browser: Firefox 7 or an upgraded version, or Internet \nExplorer 9 or an upgraded version; or Chrome 15 or an upgraded version; \nOpera 11.52 or an upgraded version; or Safari 6 or an upgraded version, \ntechnology supporting Ajax, HTML5 and JavaScript and SSL protocol, \n(ii) \nhaving access to the internet.   \n5.2 \nThe User will obtain access to the Cloud and the Services directly after purchasing \nthe Tariff Units. The Service Provider will start providing the Service the User \nselects once the User selects the Service parameters. The User may select the \nServices using the User’s User Account.  \n5.3 \nOnce the Tariff Units are bought in accordance with Section 7 of these Terms and \nConditions, the User may, using the User’s Account available in the Control Panel or \nusing API Oktawave, specify the Services parameters which User wishes to use.  \n6. \nTERM OF THE AGREEMENT \n6.1 \nThe Agreement will be entered into for a definitive period and will include the \nperiod in which the Tariff Units used for accounting for Services are valid, or the \nperiod up to the consumption of the Tariff Units the User buys (and the period of a \npossible suspension of access to the Service due to a delayed payment of the Fee by \nthe time indicated in the Service Provider’s notice in accordance with Section 8.3. \nof these Terms and Conditions).  \n7. \nTHE FEE AND THE TARIFF UNITS \n7.1 \nThe Service Provider will charge the Fees for providing the User with access to the \nCloud and the Services.  \n7.2 \nThe Fees will be collected in advance before the Service Provider provides the User \nwith access to the Cloud.  \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n7.3 \nAccess to the Cloud and the Services will be calculated in the Tariff Units. The \nPrice List contains a calculator based on which the Services can be activated and in \naccordance with which the Services are activated. \n7.4 \nThe User may purchase the Tariff Units by remitting to the Service Provider’s \naccount an amount corresponding to the value of the Tariff Units in accordance \nwith the Price List. The Service Provider may introduce enable payments for the \nTariff Units by credit card or another means.   \n7.5 \nThe Tariff Units expire after the lapse of the period specified in the Price List (the \nTariff Units’ validity period) and cannot be used for any settlement of the Services. \n7.6 \nThe Tariff Units are settled against a fee and are not subject to reimbursement \n(one cannot demand reimbursement of the amount for which they were bought).  \n7.7 \nThe Tariff Units enable the User to access the Cloud and the Services in the amount \nspecified in the Price List and depending on the parameters of the Services \nselected.  \n7.8 \nOnce the Tariff Units bought by the User are consumed or their validity period \nexpires, the Service Provider will disable the User access to the Services. \n7.9 \nThe User agrees to receive and provide access to invoices for the Services by e-mail \nin a PDF format. \n7.10 \nInvoices will be issued every time the User buys the Tariff Units.  \n8. \nSUSPENSION OF ACCESS TO THE SERVICES \n8.1 \nIn relation to the Providing Electronic Services Act of 18 July 2002, the Service \nProvider may suspend the User’s access to the Cloud or the Services or the User \nData if at least one of the following events takes place: \n(i) \nan official note or reliable information has been received or there is a \njustified suspicion that the Services have been used not in compliance with \nthese Terms and Conditions, or applicable legislation, principles of social \ncoexistence or good practice,  \n(ii) \nthe User does not cooperate in cases where such cooperation is needed in \norder to determine whether the Services were accessed or used not in \ncompliance with these Terms and Conditions, or applicable law, principles \nof social coexistence or good practice, \n(iii) \nthe Service Provider has a justified suspicion that the User Account or the \nServices have been accessed without the User’s authorization or that the \nServices have been used without the User’s authorization,   \n(iv) \nthe Service Provider has a justified suspicion that it is necessary to suspend \nthe Services in order to protect the integrity, accessibility and security of \nthe Cloud or other User, \n(v) \nthe Fee for the Services has not been paid,  \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n(vi) \nsuch an obligation has arisen under applicable law or as a result of a \ndecision of public authorities or courts.   \n8.2 \nThe User will be notified about the suspension and its reasons immediately after \naccess to the Services has been suspended.  \n8.3 \nIf the suspension results from circumstances for which the User is liable, the \nService Provider will reinstate the Services if the User removes the cause of the \nsuspension within a deadline the Service Provider specifies in the notice. \n9. \nTERMINATION OF THE AGREEMENT \n9.1 \nThe Service Provider may terminate the Agreement by a 30-day notice for the \nfollowing reasons:  \n(i) \nthe Service Provider decided to stop providing the Service,  \n(ii) \nthe Service Provider decided to wind up its business,  \n(iii) \nthe Service Provider decided to change its business profile in whole or in \npart,   \n(iv) \ndue to other important reasons.  \n9.2 \nThe Service Provider may terminate the Agreement with an immediate effect if the \nServices are suspended due to causes for which the User is responsible, and the \nUser has not eliminated the cause of suspension within a deadline the Service \nProvider specifies in accordance with Section 8.3 above, or within 7 days from \nreceiving a notice from the Service Provider. \n9.3 \nAs of the moment the Agreement is terminated, the User loses access to all the \nUser Data and the User Data may be deleted unless the User has bought access to \nOktawave Cloud Storage or Oktawave Volume Storage, in accordance with the Price \nList and the SLA. \n9.4 \nIf the User has paid the Fee for access to the Services in the period following the \ntermination of the Agreement, the Fee paid in excess will be reimbursed pro rata \nfor any period longer than the term of the Agreement.  \n10. \nENABLING ACCESS TO THE USER DATA \n10.1 \nDuring the period in which access to the Services is suspended in accordance with \nSection 8 of these Terms and Conditions, the User will have no access to the User \nData. The User Data will, however, be stored by the Service Provider and after the \ncause of suspension is removed, the User will be able to access the User Data again. \n10.2 \nNone of the Services provided by the Service Provider includes making back-up \ncopies of the User Data. In connection with this the User is obligated to possess at \nleast one back-up copy of the User Data in accordance with Section 4.1.7 of these \nTerms and Conditions. \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n11. \nUNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE \nSERVICES \n11.1 \nThe User is responsible for access to the Services and use of the Services by persons \nwhom the User authorizes to access or use the Services or by persons to whom the \nUser provides information on how to authenticate oneself for the Cloud and User \nAccount, including actions and omissions of such persons, and for the User’s own \nactions or omissions in relation to securing access to the Services, including \ninformation on authentication, also if performed by a person whom the User has \nnot authorized. \n12. \nRESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES \n12.1 \nThe User acknowledges that the use of the Services in the form of e-services \ninvolves typical risks related to data transfers over the internet.  \n12.2 \nWhile providing the Services, the Service Provider will employ such data transfer \nsecurity precautions as commonly employed in the sector due to the properties of \nthe Cloud and Cloud Resources, in particular precautions which deny access to data \nto any unauthorized persons, including the use of encryption protocols.  \n13. \nTHE SERVICE LEVEL AGREEMENT \n13.1 \nThe SLA will define a level of the Services the Service Provider provides to the \nUser.   \n13.2 \nThe SLA forms an integral part of these Terms and Conditions. \n13.3 \nThe \nSLA \nis \nalways \navailable \nat: \n[http://www.oktawave.com/en/termsconditions.htm], also in a PDF format.   \n14. \nWARRANTY \n14.1 \nThe Service Provider will warrant such access to the Services as defined in the SLA.  \n14.2 \nIf the quality level of the Service provided to the User fails to conform to the \nService standards as specified in the SLA, the User will be entitled to a discount \nbased on the principles specified in the SLA. \n15. \nPERSONAL DATA \n15.1 \nThe User hereby acknowledges that in order to perform and settle the Agreement, \nthe Service Provider will process the User’s personal data as well as that of payers, \nin the scope: (i) included in the registration form or (ii) included in the User \nAccount and (iii) information about payers and payments, (iv) information about \nthe Services provided to the User and their settlement. The provision of such \npersonal data will be optional, however needed to enter into, perform and settle \nthe Agreement. The Service Provider will be the controller of this personal data. \nThe User may exercise the right to access and correct the User data using the User \nAccount. Additionally, the User and other natural persons whose personal data is \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \nprocessed in connection with providing the Services to the User may exercise their \nright \nto \naccess \nand \ncorrect \ntheir \ndata \nat \nthe \nfollowing \naddress \ncustomer@oktawave.com or at the Service Provider mailing address, namely ul. \nDomaniewska 44a, 02-672 Warszawa. \n15.2 \nThe User Data may comprise personal data. The User hereby allows the Service \nProvider to process such personal data in the scope which is necessary to provide \nthe Services by the Service Provider, and for the purpose for which the Services are \nprovided. If, in accordance with Section 23.2 of these Terms and Conditions, the \nService Provider provides the Services jointly with sub-contracting entities or on \ntheir behalf, and in the scope in which, while providing the Services these sub-\ncontractors are going to process the User Data, the User authorizes the sub-\ncontractors cooperating with the Service Provider to process such personal data for \nthe purpose and in the scope which is necessary to provide the Services to the User. \n15.3 \nIf, in accordance with Section 23.1. of these Terms and Conditions, the Service \nProvider uses sub-contractors to provide the Services, in the scope in which the \nUser Data which is deemed personal data is to be processed by the sub-contractors, \nthe User hereby authorizes the Service Provider’s subcontractors to process such \npersonal data for the purpose and in the scope which is necessary to provide the \nServices to the User.  \n15.4 \nThe Service Provider will provide the User with access, via the Cloud, to current \ninformation about entities that participate in the User Data processing. \n15.5 \nThe Service Provider hereby declares to have implemented any and all security \nprecautions, as defined in the Personal Data Protection Act of 29 August 1997 and \nin the Ordinance of the Minister of Interior of 29 April 2004 concerning records of \npersonal data processing as well as technical and structural conditions to be \nfulfilled by IT devices and systems for personal data processing. In particular, by \nusing an encryption theService Provider ensures security of integrity and \nconfidentiality of personal data transferred over the internet, including data used \nfor the User’s authentication. \n16. \nHANDLING COMPLAINTS \n16.1 \nThe User may address any reservations concerning access to the Services, their use \nor operation in a form of a complaint to the Service Provider. Complaints may be \nlodged with the Service Provider by means of the User Account or to the following \nemail address customer@oktawave.com by submitting a filled out complaint form \nto the Service Provider, or by telephone at the following number +48 22 10 10 555 \nor by a regular mail to the following address: ul. Domaniewska 44a; 02-672 \nWarszawa.  \n17. \nDUAL-USE SERVICES AND ITEMS \n17.1 \nThe User hereby declares to use the Services exclusively for civil purposes and not \nfor the purpose of producing nuclear, chemical or biological weapons, missiles or \nfor other military purposes. The User acknowledges that in the scope of exporting \nthe Services which might be deemed a dual-use of goods or services as specified in \nthe Act of 29 November 2000 on the foreign trade with goods, technologies and \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \nservices which are strategic for the state security and for the maintenance of \ninternational peace and safety, the User will comply with the generally applicable \nPolish and European Union law. \n18. \nCONFIDENTIAL INFORMATION \n18.1 \nAny information which the Parties obtain as a result of entering into the Agreement \nand providing the Services and which is not publicly available, will be deemed \nconfidential and protected (Confidential Information). The Parties will keep the \nConfidential Information secret. The Parties undertake not to copy, replicate, sell, \ntransfer, license, market, convey or otherwise trade, dispose of or disclose such \ninformation to any third parties. The Parties undertake not to use such information \nfor other purposes than to perform and settle the Agreement. The Parties will \nensure that these confidentiality obligations are fulfilled by all their \nrepresentatives. \n18.2 \nThe Confidential Information will not include: \n(i) \nthe fact of entering into the Agreement, \n(ii) \ninformation which is or is going to be published otherwise than as a result of \nits being disclosed by a Party as a consequence of violating these Terms and \nConditions, \n(iii) \ninformation in relation to which a Party can prove knowing it earlier as not \ncovered by a confidentiality obligation, \n(iv) \ninformation which a Party created independently of any reference to the \nConfidential Information, \n(v) \ninformation which a Party duly obtained from a third party that was not \nbound by a confidentiality obligation, or \n(vi) \ninformation which must be disclosed based on relevant legislation or \ndecisions issued by courts or other public authorities. \n19. \nLIABILITY FOR LOSS OF THE USER DATA \n19.1 \nTaking into account that no Service provided to the User includes the creation of \nback-up copies of the User Data, and that the User is obliged to keep a back-up \ncopy of the User Data of their own, the User will be liable for any and all loss of the \nUser Data. \n19.2 \nThe Service Provider is not liable for any loss of the User Data unless the User has \nsubscribed to Oktawave Cloud Storage or Oktawave Volume Storage. In such case \nthe Service Provider’s liability in connection to the loss of the User’s Data is \nregulated by the SLA.  \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n20. \nCONTACTS WITH THE USER \n20.1 \nAny contacts between the Service Provider and the User, including notifications, \ninformation and statements, in particular in relation to any suspension of access to \nthe Services, termination of the Agreement, handling complaints, will be made by \nelectronic means of communication, including the User Account or e-mail address \nindicated for contacts by the User or by regular mail. Any correspondence to the \nService Provider will be delivered to: ul. Domaniewska 44a; 02-672 Warszawa; any \ncorrespondence to the User will be delivered to the mailing address the User \nprovides.   \n21. \nINTELLECTUAL PROPERTY RIGHTS \n21.1 \nAny intellectual property rights related to the provision of the Services to the User, \nin particular to the Cloud graphic elements such as Oktawave logo, website layout \nand particular applications, website content, trade marks, names and other \nindications, as well as the Cloud technical solutions, its concept of operation, \nfunctionality, data bases, software and technical documentation, will remain the \nexclusive property of the Service Provider or entities cooperating with the Service \nProvider. \n21.2 \nIn the scope which is necessary for the Cloud and Services to be used and for the \nperiod the User uses the Service, the Service Provider hereby grants the User a non-\nexclusive licence to use the software designed for the use of the Services.  \n21.3 \nIn the scope in which the Services are provided by entities cooperating with Service \nProvider or jointly with entities cooperating with the Service Provider, the relevant \nterms and conditions concerning intellectual property rights of these entities, \npossible licences granted by the entities to the User or possible licences which must \nbe granted to these entities in order for the Services to be provided, have been \nlisted in terms and conditions and agreements concerning the provision of services \nby the entities, links to which can be found on a case by case basis before selecting \nthe relevant Service from the User Account level.    \n21.4 \nIn the scope in which the provision of the Service by the Service Provider and the \nUser’s use of the Service involves the use by the Service Provider, the Service \nProvider’s sub-contractors or agents, of intellectual property rights to the User \nData (in particular that related to operation of software other than that provided \nby the Service Provider), the User hereby grants a licence to the Service Provider, \nService Provider’s sub-contractors or entities cooperating with the Service Provider \nto use such intellectual property rights (including the software licence) for the \nperiod of providing the Services and in order for the Services to be provided \ncorrectly or, in the scope in which the User is not authorized to grant such licences, \nthe User undertakes to obtain such licence from an authorized entity on behalf of \nthe Service Provider, the Service Provider’s sub-contractors or cooperating agents \nfor using the intellectual property rights for period of providing the Services and for \nthe purposes of a correct provision of the Services.  \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \n22. \nASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS \n22.1 \nThe User will not assign any rights or obligations arising from the Agreement in \nwhole or in part to any person without the Service Provider’s approval. \n23. \nSUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE \nPROVIDER \n23.1 \nThe Service Provider may authorise sub-contractors to provide the Services in whole \nor in part. The Service Provider is liable for actions or omissions of the sub-\ncontractors as for the Service Provider’s own actions or omissions.  \n23.2 \nThe Service Provider may provide the Services jointly with the entities cooperating \nwith the Service Provider or on their behalf. Information about cooperation with \nthe cooperating entities, as well as about the terms and conditions or agreements \nconcerning these entities, which affect the terms and conditions of providing the \nServices by the Service Provider will be available on a case by case basis before \nselecting a given Service from the User Account level. The User must read such \nterms and conditions and agreements and accept them in order to execute the \nAgreement for the Services concerned. \n24. \nFORCE MAJEURE \n24.1 \nNone of the Parties is liable for delays, non-performance or improper performance \nof the Agreement if such delay, non-performance or improper performance results \nfrom an event of force majeure.  \n25. \nGOVERNING LAW AND JURISDICTION \n25.1 \nThe Agreement is governed by the laws of Poland. \n25.2 \nAny disputes related with the Service will be referred to a common court. \n26. \nAMENDMENTS TO THESE TERMS AND CONDITIONS \n26.1 \nThe Service Provider reserves the right to amend these Terms and Conditions in \ncase of a need to adjust these Terms and Conditions to: (i) law amendments, \nprocedures of state bodies or case law of common courts and arbitration tribunals; \n(ii) changes of market practices or changes in technology; (iii) changes of business \nplans concerning the provision of the Services, (iv) changes of regulations and \nagreements entered into with entities cooperating with the Service Provider, (v) \nany other important causes. Each material amendment will be notified to the User \nby sending information to the User Account within the Cloud or by e-mail to the e-\nmail address indicated for contacts in the User Account at least thirty (30) days \nbefore an amendment to these Terms and Conditions takes effect.  \n26.2 \nIf the User explicitly approves the amended Terms and Conditions before the lapse \nof the deadline specified in Section 26.1. of these Terms of Conditions or if, \nfollowing the deadline specified in Section 26.1. of these Terms of Conditions the \nUser keeps using the Cloud and Services, the User will be understood to have \n\n \n \n \nOktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa \nwww.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave \n \napproved the amendment to these Terms and Conditions and the Services will \nfurther be provided to the User under the terms and conditions as specified in the \namended Terms and Conditions. \n26.3 \nIf the User explicitly disapproves the amendments to these Terms and Conditions, \nthe Agreement will be terminated as of the date of the amendments concerned \ntake effect. Any and all reimbursements of the Fee will be handled in accordance \nwith Section 9.5 of these Terms of Conditions. \n \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":0,"explanation":"When the company reserves the right to change the contract for a reason specified in the contract, but the reasons are vague or were not all stated in a contract"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":1,"explanation":"When the company reserves the right to delete a user’s account only with serious grounds and a notice period or does not reserve a right to delete it at all"},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}