MonkeyJar Terms and Condtions

Version 1.0

§1 General

  1. The Terms and Conditions define the terms, scope and conditions of the Service Provider’s provision of the “MonkeyJar” service for Clients who are entrepreneurs.
  2. Reading the Terms and Conditions by the Client and their acceptance are the terms and conditions of the provision of Services.

§2 Definitions

  1. Terms and Conditions – these Terms and Conditions, specifying the general terms and conditions for the provision of the Service and the manner of concluding the Agreement.
  2. Agreement – a bilateral agreement between the Service Provider and the Client, under which the Service Provider is obliged to provide the Service, and the Client is obliged to pay fees for the use of the Service, concluded in accordance with the rules of the Terms and Conditions.
  3. Individual Agreement – an agreement concluded by the Service Provider and the Client specifying the terms and conditions of the provision of the Service contained in the Terms and Conditions for a given Client.
  4. Service Provider – Pretius SCI Prosta Spółka Akcyjna with its registered office in Warsaw (02-092), 16A Żwirki i Wigury Street, entered into the Register of Entrepreneurs in the District Court for the Capital City of Warsaw, XIV Commercial Division of the National Court Register under number 0001039651, share capital of PLN 50,000 (fully paid up), with NIP: 5223260060.
  5. MonkeyJar System – software (application) to which the Service Provider holds proprietary copyrights, operated by the Service Provider and installed on servers used by the Service Provider, available on the Internet via the Service’s web browser; the current technical specification of the MonkeyJar System and a description of its functionality is available on the System website.
  6. Service – a service consisting in providing the Customer with the possibility of using the MonkeyJar System in the service model (SaaS), making it available to the Customer on the basis of an Individual Agreement concluded between the Customer and the Service Provider, in order to use the MonkeyJar System by the Customer for the purposes of its business activity and enabling Users to gain access to data processed by the Customer using the MonkeyJar System.
  7. System website – websites with the following addresses:
    • https://monkeyjar.app/monkeyjar_admin/login,
    • https://monkeyjar.app/monkeyjar/login,
    • https://monkeyjar.app/monkeyjar_agent/login,
      on which the MonkeyJar System is made available (depending on the module).
  8. Client or Service Recipient – an entrepreneur (a natural person, including partners in a civil partnership, a legal person, an organizational unit which is not a legal person, but which is granted legal capacity by law, who conducts business activity on its own behalf), who concludes the Agreement in order to use it for the purposes of their business activity.
  9. User – a natural person performing work for the Client on the basis of an employment contract or a civil law contract, having a User Account created and made available by the Administrator and having access to the Client’s data collected in the MonkeyJar System to the extent specified by the Client.
  10. Administrator – a User whose User Account has been assigned the role of an administrator (Administrator Account), authorized to manage (on behalf of the Client) the use of the MonkeyJar System in terms of configuration and ongoing operation, using the Service Administration Panel.
  11. Service Administration Panel – a tool available in the MonkeyJar System, enabling the Administrator to perform operational activities related to the System, in particular to register User Accounts and manage User rights. Access to the Service Administration Panel may be granted to more than one Administrator.
  12. Authentication Data – individual data (login and password) allowing the User to access the Service, downloaded with the User’s consent from external login systems using a simplified login mechanism (Single Sign-On; SSO).
  13. Settlement Period – the period of providing the Service of 1 calendar month (from the date of conclusion of the Individual Agreement by the Client).
  14. Price List – information published on the website at: https://www.monkeyjar.pl/cennik information on the current amount of fees due for the Service. A change in the Price List constitutes an amendment to the Terms and Conditions, except for special cases specified in the Terms and Conditions.
  15. Parties – the Client and the Service Provider.
  16. Working days – days from Monday to Friday, excluding public holidays (in Poland).
  17. User Account – an individual account to the Service, assigned to the User’s e-mail address, created as a result of the registration process by the Administrator, containing in particular a login.
  18. Third Party – a subcontractor who provides or may provide services to the Service Provider’s Clients.
  19. Analytical Sets – data sets created by the system in accordance with its functional scope, based on the Client’s data collected in the system, enabling the operation of algorithms for the preparation of statistical analyses and prediction of business events, without containing any data that would allow for the identification (directly or indirectly) of the Client’s data as a source or component of their origin.
  20. Technical Requirements of the Service – requirements for the Service and the MonkeyJar System, found on the website: https://monkeyjar.app/, which should be met by the Service Recipient in order to use the MonkeyJar System and the Service.
  21. Privacy Policy – rules for the collection and processing of personal data by the Service Provider, the content of which is made available on the https://monkeyjar.app/privacy-policy/ website.

§3 General provisions

  1. The Terms and Conditions define the general terms and conditions for the provision of Services by the Service Provider to the Client. The Service consists in the Service Provider making the functionality of the Service available to the Client using the Internet via a web browser.
  2. The condition for the use of the Service by the Client is the prior conclusion of an Individual Agreement with the Service Provider regarding the use of the MonkeyJar System.
  3. The provisions of the Terms and Conditions specify in particular:
    • how you use the Service;
    • the method of concluding the Agreement and making payments,
    • the rights and obligations of the Service Provider and the Client,
    • ordinal information,
    • rules for using technical support and filing complaints for the Service.
  4. The Client declares that they have read the Terms and Conditions, the Price List and the Privacy Policy before concluding the Individual Agreement and starting to use the Service, accept their content and undertake to comply with them. At the Client’s request, the Service Provider shall deliver the Terms and Conditions in the currently applicable wording to the Client by e-mail, to the address indicated in the Individual Agreement.
  5. These Terms and Conditions constitute the terms and conditions for the provision of electronic services, within the meaning of Article 8 of the Act of 18 July 2002 on the provision of electronic services.
  6. The Terms and Conditions are available free of charge on the website https://monkeyjar.app/terms-and-conditions/ in such a way that allows for obtaining, reproducing and recording the content of the Terms and Conditions by means of the ICT system used by the Client.
  7. The Service Provider informs that the use of services provided by electronic means may involve a threat on the part of the Client, consisting in the possibility of introducing malware into the Client’s ICT system and obtaining and modifying their data by unauthorized persons. In order to avoid the risk of occurrence of the threats referred to above, the Client should use appropriate technical measures that will minimize their occurrence, in particular antivirus programs and firewalls.
  8. In the event of any discrepancies between the provisions of the Terms and Conditions and the Individual Agreement, the provisions of the Individual Agreement shall prevail.

§4 Conclusion of the contract, commencement of the provision of the service

  1. The Client may use the Service only for the purposes and in connection with its business activity. Only an entrepreneur can be a customer.
  2. Conclusion of the Agreement by the Client, the Individual Agreement is signed along with the Client’s confirmation of reading the Terms and Conditions and their acceptance.
  3. In the Individual Agreement, the Client shall indicate in particular: the number of Administrator accounts, the number of User accounts, financial conditions, data of the Administrator (or Administrators) to whom the Service Provider will grant access to the Service Administration Panel.
  4. The Client is obliged to provide true and up-to-date data when concluding the Agreement. The Service Provider reserves the right to verify the correctness of the information provided by the Client and to refuse to conclude the Agreement in the event of finding any incorrectness of the above-mentioned data.
  5. After concluding the Agreement, the Client is entitled to use the Service and obtains access to the Service Administration Panel enabling the configuration of parameters, entering the Users’ data and familiarizing themselves with the functional scope and operation of the Service.
  6. The Agreement is concluded on the date specified in the Individual Agreement, which also means the commencement of the provision of the Service.
  7. If the Client does not pay for the Service in accordance with the Individual Agreement or the Price List within the time limit specified in the Individual Agreement, the possibility of using the Service will be disabled at the end of this period, the Client loses the possibility of access to the data saved by him in the MonkeyJar System, and the Agreement expires.
  8. The method of paying for the Service is regulated by §8 of the Terms and Conditions.

§5 Terms of service

  1. In order to use the Service, it is necessary to ensure that the infrastructure on the Customer’s side complies with the Technical Requirements of the Service.
  2. The Service Provider makes every effort to ensure that the System Website works and displays correctly in each version of the browsers listed in the Technical Requirements of the Service, with the proviso that the Service Provider ensures the correct operation and display of the System Website only when using the browser version specified in the Technical Requirements of the Service.
  3. The Service Provider declares that the Service is offered and provided in the SaaS (Software as a Service) model, which means that the software included in the Service is installed and maintained entirely within the infrastructure used by the Service Provider. Customer does not acquire any rights to the MonkeyJar System and the software included in the System or Service.
  4. Subject to the Service Provider granting the first access to the Administration Panel, the Service Provider is not a party to operations performed through the Service Application by the Client and does not participate in any way in the service of Users. The parties to these operations are only the Client and the User, in particular the Client through the Administrators creates User Accounts on its own.
  5. It is forbidden to use the Service or the MonkeyJar System in a manner contrary to the generally applicable law and good practices, as well as in a manner inconsistent with the Terms and Conditions. It is forbidden for the Client to provide illegal content.
  6. The Service Provider does not guarantee that the Client’s expectations will be met in the use of the software included in the System or the Service in its business. The Client is obliged to familiarize themselves with the capabilities and functioning of the software included in the Service (e.g. by using the demo version of the System made available by the Service Provider at the Client’s request).
  7. The MonkeyJar system and other software included in the Service are protected by copyright. All rights to use the MonkeyJar System or other software included in the Service, which have not been expressly granted to the Customer on the basis of these Terms and Conditions or applicable law (including the provisions of the Act of 4 February 1994 – on copyright and related rights and the Act of 27 January 2001 – on databases) remain reserved for the Service Provider or entities granting the Service Provider a license to use individual works and other objects of exclusive rights included in the MonkeyJar System or other software included in the Service.
  8. The Client undertakes not to use the Service Provider’s trademarks, trade marks or symbols without the prior consent of the Service Provider.
  9. The Service Provider, in order for the Client to have current knowledge and up-to-date information about the MonkeyJar System and its functionalities and capabilities, may make available on the System Website or as part of the communication tools constituting the functionality of the System information about significant updates to the MonkeyJar System or the Service, new versions of the MonkeyJar System, new functionalities, services or products related to the MonkeyJar System or the Service offered in the these Terms and Conditions, and the Client agrees to receive this information.
  10. The Client agrees to receive information from the Service Provider related to the implementation of these Terms and Conditions and the use of the MonkeyJar System or the Service (e.g. about interruptions in the Service, surveys regarding the MonkeyJar System or the Service).
  11. The information referred to in paragraph 10 above will be provided to the Client via messages presented in the User Account after the User logs in to the MonkeyJar System or to the e-mail addresses of the Administrators or executive representatives (contact persons) indicated in the Individual Agreement. The Client confirms that the above-mentioned persons act in the above scope on behalf of and for the Client.
  12. In cases where the information referred to in paragraph 10 will be commercial information, including promotional or marketing materials, the Client agrees to receive such materials by the Service Provider via messages presented in the User Account after the User logs in to the MonkeyJar System or to the e-mail addresses of the Administrators or executive representatives (contact persons) indicated in the Individual Agreement,  which should be understood as granting the Service Provider by the Customer the consent referred to in Article 172 of the Act of 16 July 2004 – Telecommunications Law, in cases where obtaining such consent will be required.
  13. The Client is obliged to ensure that third parties using the Service (Users) to whom the Client makes the Service available, grant the consents and acceptances referred to in sections 9, 10 and 12 and any other consents, acceptances and authorizations that the Client has granted to the Service Provider under other provisions of these Terms and Conditions, and remaining in connection with the use of the Service or the MonkeyJar System. The Client is responsible for the acts and omissions of third parties to whom the Service has been made available as for its own actions and omissions, including for the fulfilment by these persons of all the conditions of using the Service, specified in these Terms and Conditions, in particular the Client is obliged to ensure the compliance of the infrastructure on the part of the above-mentioned persons with the Technical Requirements of the Service referred to in paragraph 1 above,  and the communication of computer systems used by those persons with whom the Service or the MonkeyJar System will communicate, unless these systems are installed on the Service Provider’s infrastructure.
  14. The Customer accepts that the Service Provider, in order to optimize the operation of the MonkeyJar System or the Service, improve their ergonomics and efficiency, as well as continuous improvement of the solutions offered, collects and analyzes diagnostic data on the manner and scope of use of the Service or the MonkeyJar System by its users, and this data is aggregated and anonymous.
  15. The Client agrees to the use of analytical sets created by the Client using the Service, by the Service Provider or all other entities using the Service, acting on the basis of current or future agreements concluded with the Service Provider.
  16. The Service Provider declares that providing and maintaining the Service Provider’s infrastructure and programming environment in order to install the MonkeyJar System on it to the extent necessary to make it available and for the Customer to use the Service, including creating copies of data and storing them, may be the subject of services provided by Third Parties selected by the Service Provider, the current list of which is available on the https://monkeyjar.app/ website. The Client accepts that the Third Parties provide their services on the basis of their terms and conditions, which are available at the addresses on the https://monkeyjar.app/ website.

§6 Rights and obligations and liability of the service provider

  1. On the basis of the Agreement, the Service Provider undertakes to provide the Service to the Client.
  2. The Service Provider shall provide the Customer with information, advice and guidance on the functionality, configuration and use of the Service and the MonkeyJar System in the form of information materials (in written or audiovisual form) available on the Service Website.
  3. The Service Provider enables the Client to use technical support services for the Service. Technical support for the Service provided by the Service Provider to the Customer consists in removing errors or irregularities in the operation of the MonkeyJar System or the Service reported by the Customer, Administrators or Users via the communication methods made available within the MonkeyJar System.
  4. Additional works related to the Service or the MonkeyJar System, not specified in the Terms and Conditions, may be provided by the Service Provider on a separate order of the Client, after prior agreement on the scope of these works, the date of their performance and the remuneration due to the Service Provider on this account. For the performance of additional works, the Service Provider will charge additional remuneration calculated using the hourly rate indicated in the Individual Agreement or in the Price List. The Client and the Administrator are entitled to report a request for additional work.
  5. The Service Provider reserves the right to any development and modification of the operation of the MonkeyJar System or the Service and the functionalities offered within it, including functional modules. The Service Provider shall inform the Client about the introduction of such changes via messages presented in the Administrator Account after the Administrator logs in to the MonkeyJar System or to the e-mail addresses of the Administrators or executive representatives (contact persons) indicated in the Individual Agreement. The changes referred to above will be effective on the date indicated in the information about changes sent to the Client.
  6. The Service Provider reserves the right to publish information about the provision of the Service to the Client on the System Website for the purposes of the reference list, unless the Client expresses his objection in writing.
  7. The Service Provider will make every effort to ensure that the Service is provided in a continuous and uninterrupted manner. However, the Service Provider reserves the right to make temporary interruptions in the operation of the Service for maintenance and repair purposes, and in particular for the purpose of updating and expanding them – if these tasks require such a break. The Service Provider shall make every effort to inform the Client with appropriate (at least 12 hours) notice – via e-mail to the Administrator’s address – of any interruptions in the operation of the Service. The Service Provider shall not be liable for any damage resulting from interruptions in the operation of the Service resulting from the above-mentioned reasons. Moreover, these breaks do not constitute a basis for the Client to demand payment of any amounts due from the Service Provider, demand reimbursement of services paid by the Client under the Agreement, or refuse to pay services due to the Service Provider under the Agreement. The Service Provider does not guarantee the proper operation of the services provided by the Third Party, in particular does not guarantee the continuous and uninterrupted operation of such services.
  8. The Service Provider shall not be liable for damages resulting from incorrect configuration of the Service by the Client.
  9. The Service Provider reserves the right to:
    • collect statistical or analytical data related to the technological aspects of the Customer’s use of the Service or the MonkeyJar System and the use of data entered by the Customer, Administrators or Users into the MonkeyJar System in order to improve and develop the MonkeyJar System or the Service,
    • immediately block the possibility of using the Service/Service Application in cases where the Client, Administrator or User is found to have violated the terms and conditions of the Terms and Conditions or generally applicable law, as well as in the event of finding the Client, Administrator or User to the detriment of the Service Provider. In this case, the Service fees already paid by the Client are non-refundable. The Client shall be immediately informed about the blocking of the possibility of using the Service/Service Application by e-mail to the e-mail address indicated by the Client in the Individual Agreement.
  10. The Service Provider declares that all data stored in the Service entered as part of its use by the Client (Administrator, User) will be protected by protection against external interference, as well as unauthorized internal access (i.e. unauthorized employees or associates of the Service Provider). The above-mentioned data will be stored on servers equipped with professional power support systems and in order to provide additional protection against data loss – backup copies of data collected on these servers will be created and stored by the Service Provider – on the terms specified by Third Parties.                
  11. Subject to the other provisions of the Terms and Conditions, the Service Provider shall not be liable to the Client for:
    • act or omission caused by force majeure;
    • damage caused by third parties who do not act on behalf of and for the Service Provider;
    • interruptions in the operation of the MonkeyJar System or the Service due to maintenance or technical work;
    • failure of the MonkeyJar System or the Service due to collision with other software located on the Customer’s, Administrator’s or User’s devices;
    • Customer’s failure to provide or enter data and information necessary to provide the Service to the MonkeyJar System;
    • malfunction of the Service caused by internal errors in the Customer or User environment or misconfiguration;
    • erroneous or unauthorized actions of the Customer, Administrator or User;
    • damage caused by harmful software (viruses, worms, spam, etc.), unless they are the result of the Service Provider’s negligence, resulting from the obligations indicated in the Terms and Conditions, resulting from the Service Provider’s intentional misconduct;
    • the level of firewall on the Client, Administrator or User side and the level of impact of firewall setting on the Services;
    • malfunction of the Service due to delays in the network used by the Customer, Administrator or User to access the Service;
    • malfunction of the Service due to performance issues with the Customer’s, Administrator’s or User’s environment;
    • other circumstances or events that are not under the Service Provider’s control.
  12. Liability of the Service Provider:
    • covers only actual damages, excluding lost profits,
    • does not cover damage caused by unintentional fault,
    • is limited to the amount of the Service Fee paid by the Client for the period of the last 12 Settlement Periods preceding the Settlement Period in which the event causing the damage occurred.
  13. Limitations of the Service Provider’s liability do not apply to cases in which the limitation of liability is impossible due to mandatory provisions of law, including damage caused by the Service Provider intentionally.

§7 Rights and obligations of the client

  1. The Client is entitled to use the Service in accordance with these Terms and Conditions, the Individual Agreement and any instructions and documentation made available by the Service Provider. In particular, the Client is obliged to pay the fees for the Service on time.
  2. By using the Service, the Client accepts the fact that:
    • The Service is provided electronically and access to it takes place through the System Website.
    • the use of the Service requires the use of individualizing access data (Login and Password), for the confidentiality and protection against unauthorized access by third parties, the Client is responsible. The Service Provider shall not be liable for the disclosure of individualized access data by the Client or its Users and for events and damages resulting from such disclosure;
    • The MonkeyJar System is made available in the “as is” version and together with all its functions and tools constitutes a technical and organizational whole, without the possibility of personalization and modification according to the Customer’s expectations, and the process of development and updating of the software included in the MonkeyJar System depends on the policy in the field of production organization used by the Service Provider, shaped on an ongoing basis on the basis of unilateral decisions of the Service Provider;
    • The Service Provider does not guarantee the inviolability of the form and content of the MonkeyJar System and the System Website, including their elements (both in the graphic, sound and functional layers), reserving the right to any transformations and modifications, without the need to inform and obtain the Client’s consent in advance – in particular, the Service Provider is entitled to change the functional features of the MonkeyJar System or the Service,  expansion of the MonkeyJar System with additional elements and functionalities, removal of errors and failures, as well as for any updates of the MonkeyJar System,
    • The Service is provided on a continuous basis and the Service Provider guarantees its availability, during each subsequent calendar month, at a level not lower than 99%, with the proviso that the following are not taken into account when determining the level of Service availability:
      • periods of interruptions in the provision of the Service caused by reasons for which the Service Provider is not responsible (e.g. interruptions in the provision of services by the Client’s telecommunications operators);
      • periods of suspension or suspension of the provision of the Service (in accordance with the Agreement);
      • technical breaks about which the Customer has been informed at least 12 hours in advance (technical breaks are considered periods of interruption in access or reduced scope of access – e.g. due to the exclusion of individual functionalities – to the Service in connection with maintenance activities (including diagnosing or removing errors) or maintenance, maintenance, data backup or updates of the MonkeyJar System or the System Website.
  3. The Client is obliged to provide true and up-to-date data concerning his company, in particular company data and address data. In the event of a change in the data provided in the Individual Agreement, the Client is obliged to immediately notify the Service Provider about it.
  4. The Client is solely responsible for entering and maintaining data or information presented as part of the use of the Service or the MonkeyJar System by the Client (Administrator, User) and for the content of the data and information contained therein. It is forbidden to introduce or present information prohibited by law and violating the principles of good manners. In the event of a breach of the above-mentioned obligations, the Service Provider is entitled to terminate the Agreement with immediate effect due to the fault of the Client.
  5. All data entered by the Client as part of the use of the Service is the property of the Client and the Client is fully responsible for it. The Service Provider does not bear any responsibility for the content entered by the Client as part of the use of the Service.
  6. The Client has no right, without obtaining the prior consent of the Service Provider:
    • enable access to the Service or the MonkeyJar System to third parties (i.e. other than Administrators and Users) for use under any title (paid or free);
    • use the Service or the MonkeyJar System jointly with third parties.
  7. The Administrator, acting on behalf of the Client, as part of managing the Service from the level of the Administration Panel, may only make such changes to the Service as provided for in the documentation of the MonkeyJar System and which are allowed by the Service Provider to use the Service.
  8. The Client is obliged to properly secure the Credentials and may not share them with third parties. Any damage resulting from failure to comply with the above obligation shall be borne by the Client.
  9. The Client is obliged to read the content of the Service Provider’s messages and follow the Service Provider’s recommendations given in these messages.
  10. The Client undertakes to:
    • not to take actions that could violate the rights of third parties, lead to cracking passwords and/or logins of other customers of the Service Provider, or aimed at gaining access to the data of third parties.
    • not to take actions that could generate an excessive load on the connections and/or other infrastructure on which the Service is provided,
    • not to take any actions aimed at introducing a failure or dysfunction of the MonkeyJar System, breaking its Website security and attempts to access the data stored on the Accounts of other customers stored in the MonkeyJar System.

§8 Payments for the service

  1. For the provision of the Service to the Service Provider’s Client, a fee is due in accordance with the Individual Agreement or the Price List. The fee for the use of the Service by the Client specified in the Agreement or in the Price List may cover one or more Settlement Periods.
  2. The condition for the provision of the Service by the Service Provider is the timely payment of the Service Fee by the Client.
  3. Fees for the provision of the Service are paid by the Client in arrears for the period specified in the Individual Agreement.
  4. Payment for the Service may be made by transfer to the Service Provider’s bank account indicated on the invoice.
  5. Payment for the Service is made on the basis of an electronic invoice (within the meaning of the Act of 11 March 2004 on tax on goods and services (i.e. Journal of Laws of 2020, item 106, as amended) issued and made available to the Client in electronic form, to which the Client consents. After the end of the Settlement Period, the Client will receive a message with an electronic invoice in PDF format to the e-mail address indicated in the Individual Agreement, unless the provisions on structured invoices issued via the National e-Invoicing System provide otherwise – in such a case, the provisions on structured invoices issued through the National e-Invoicing System will apply.
  6. In the event of failure to pay the fee for the Service, the Service Provider is entitled to block access to the Service for the Administrator and Users, preventing them from performing operations through the Service. Unblocking access to the Service takes place after the Client pays for the Service.
  7. If the Client’s delay in payment of the Service fee exceeds 30 days from the date of expiry of the payment deadline for the invoice issued by the Service Provider, the Service Provider is entitled to terminate the Agreement with immediate effect.

§9 Intellectual property rights

  1. The Service Provider ensures that it is entitled to make the MonkeyJar System available for use by the Customer (including all elements that make up the MonkeyJar System), and such sharing takes place without infringing the rights of third parties.
  2. The Service Provider grants the Customer, for the duration of the Agreement, as part of the fee for the Service, a limited, non-exclusive right to use the MonkeyJar System without territorial limitations. The Customer is entitled to use the MonkeyJar System:
    • only as part of the Service and only for your own use (i.e. for the purposes of your business activity), with the proviso that the possibility of commercial use of the MonkeyJar System is excluded,
    • by displaying and reading the MonkeyJar System,
    • by entering data into the MonkeyJar System, storing data in the MonkeyJar System, as well as by using the functionalities available within the MonkeyJar System from the level of the Customer, Administrator or User Account.
  3. The Agreement does not transfer to the Customer any intellectual property rights to the MonkeyJar System or its derivative works.
  4. The Customer is not entitled to a claim for the release of a copy or copy of the MonkeyJar System, access to which is provided as part of the Service.
  5. The Client undertakes not to:
    • modify, create derivative works from, translations or other derivative works of the MonkeyJar System and the System Website;
    • decompile, disassemble, reverse engineer, translate, develop or modify the source code of the MonkeyJar System or the System Website, or take any other action that may break the source code of the MonkeyJar System or the System Website;
    • remove, modify or obscure any markings (such as trademarks, logos) that are used as part of the Service (including in the MonkeyJar System and on the System Website).
  6. The Client undertakes not to allow the Administrators or Users, or any other third parties, to perform the activities referred to in paragraph 5 above.
  7. The conclusion of the Agreement is tantamount to granting the Service Provider consent by the Customer to use the data and information entered by the Customer into the MonkeyJar System as part of the use of the Service on the terms set out in sections 8-10 below.
  8. The consent referred to in paragraph 7 above is granted by the Client free of charge, for an indefinite period of time (starting from the date of conclusion of the Agreement) and is territorially unlimited.
  9. On the basis of the consent expressed by the Client, referred to in sections 7-8 above, the Service Provider is entitled in particular to:
    • make a backup copy, if it is necessary to use the data,
    • use the data to observe, investigate and test the functioning of the MonkeyJar System or the Service in order to optimize the operation of the MonkeyJar System or the Service, improve their ergonomics and efficiency, as well as to continuously improve the solutions offered and achieve interoperability of the MonkeyJar System with other computer programs,
    • multiply data or translate their form, if it is necessary to obtain information necessary to optimize the operation of the MonkeyJar System or Service, improve their ergonomics and efficiency, as well as continuously improve the solutions offered or achieve interoperability of the MonkeyJar System with other computer programs,
    • permanent or temporary reproduction of data in whole or in part by any means and in any form,
    • translate, adapt, rearrange or make any other changes to the data,
  10. The consent for the Service Provider to use the data in the manner specified above also includes the use of data with the use of artificial intelligence systems by the Service Provider in order to optimize the operation of the MonkeyJar System or the Service, improve their ergonomics and efficiency, as well as continuous improvement of the solutions offered, in particular to:
  11. The data referred to in paragraph 7 above may not be provided by the Service Provider:
    • used for purposes other than optimizing the operation of the MonkeyJar System or the Service, improving their ergonomics and performance, improving the solutions offered or achieving interoperability of the MonkeyJar System with other computer programs;
    • transferred to other persons, unless the Client gives prior written consent to the transfer,
    • used in a way that violates the Client’s trade secret.

§10 Processing of personal data

  1. The Service Provider complies with the principles of personal data protection of Clients, Administrators and Users provided for by the regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”).
  2. Detailed rules for the processing of personal data of Clients, Administrators and Users by the Service Provider are set out in the Privacy Policy, the content of which is available at Privacy Policy – Pretius SCI (https://monkeyjar.app/privacy-policy/).
  3. The controller of the personal data provided by the Client in the Individual Agreement and the data entered by the Client, Controllers or Users in the course of using the Service is Pretius SCI P.S.A. The data will be processed for the purpose of providing the Service. Information on the processing of personal data by the Service Provider is provided to the Client at the stage of data collection or entry and is additionally available on the Service Provider’s website at Privacy Policy – Pretius SCI (https://monkeyjar.app/privacy-policy/).
  4. The Parties, as independent data controllers, provide each other with personal data of their representatives, as well as employees or associates indicated for contact, in the scope including: name and surname, business telephone number, business e-mail address, place of work, position and possibly other data provided by the party. The legal basis for the processing of this data is the legitimate interest of the parties within the meaning of Article 6(1)(f) of the GDPR, consisting in ensuring the conclusion, amendment or performance by these persons of the Agreement concluded between the Parties.
  5. The Client’s representative (representing the Client) and accepting these Terms and Conditions on their behalf declares that they have read the content of the Privacy Policy and undertakes to inform the persons employed by them about the need to provide the other Party, i.e. the Service Provider, with their personal data for the purposes of the performance of the Terms and Conditions and the Agreement, the implementation of their provisions, contact in connection with their performance, including the purpose and scope of the transfer of data in accordance with the provisions of the GDPR.
  6. All personal data is entered by the Client, Administrators or Users into the MonkeyJar System in a voluntary and conscious manner. The User, the Administrator or the User have the right to inspect and modify their personal data.
  7. The Client undertakes that the Client, Administrators and Users will post personal data in the MonkeyJar System only to the extent that they have a sufficient legal basis for this, for which the Client bears full responsibility, and in the event of violation of this provision, the Service Provider is obliged to fully release and reimburse the Service Provider for all damages and costs incurred in connection with this by the Service Provider.
  8. All personal data stored by the Service Provider will be protected and secured against external interference and against unauthorized internal access.
  9. In order to perform the Agreement or perform any other legal action with the Client, the Service Provider may process data necessary due to the nature of the Service or the method of its settlement.
  10. The Service Provider undertakes to filter data using specialized firewall solutions in order to protect them against unauthorized access.
  11. The data entered by the Client, Administrator or User will be stored by the Service Provider on appropriately secured servers equipped with professional power backup systems.
  12. The Service Provider creates data backups in a 24-hour cycle on an independent medium, in order to additionally protect against data loss. The Service Provider undertakes to keep a backup copy of the data from the last 14 days.
  13. The Service Provider processes the technical data of the Customer’s, Administrator’s or User’s device (IP number, software version number) in order to provide the Services, including updating and improving the MonkeyJar System.
  14. The Service Provider may entrust the processing of personal data provided by the Client, Administrator or User to other entities, to which the Client, Administrator or User agrees.
  15. The possibility of entrusting the processing of data provided by the Client, Administrator or User applies to Third Parties providing the Service Provider with the appropriate IT infrastructure necessary to provide the Service.
  16. The Service Provider undertakes to select reputable Third Parties, guaranteeing the highest level of services provided, in particular respecting the provisions of Polish and European law in the field of personal data protection and guaranteeing the processing of personal data within the European Economic Area.
  17. The list of entities referred to above, to which the Service Provider has entrusted the processing of data entrusted by the User, is available at the Service Provider and may be made available to the Client, Administrator or User at their written request.
  18. A change of entities entrusted with data processing does not constitute an amendment to these Terms and Conditions, however, the Service Provider undertakes to inform the Client, Administrator and User about such changes via the MonkeyJar System.

§11 Complaints

  1. The Client has the right to file complaints regarding non-performance or improper performance of the Agreement, for reasons for which the Service Provider is responsible.
  2. The Client is obliged to submit a complaint to the Service Provider no later than within 5 Business Days from the end of the Settlement Period to which the reservations relate. Failure to submit a complaint within the above deadline means that the Client accepts the correctness of the Service.
  3. Any complaints regarding the Service should be reported by e-mail to complaints@monkeyjar.app. The date of filing a complaint submitted via e-mail is the day of appearance of the notification on the Service Provider’s receiving server.
  4. In the complaint, the Client is obliged to indicate:
    • the Client’s name, the name of the Service and the correspondence address;
    • the subject of the complaint, including a detailed description of irregularities in the operation of the Service;
    • circumstances justifying the complaint
    • the preferred way of resolving the complaint.
  5. The complaint is considered within 30 days of its submission; within this period, the Service Provider is obliged to present to the Client (by e-mail) its position on the complaint along with the justification.
  6. If it is not possible to consider the complaint within the time limit referred to in paragraph 5 above, the Service Provider shall inform the Client thereof and indicate the expected date of consideration.
  7. If the complaint does not contain all the elements listed in paragraph 4 above or requires supplementation and explanation, the Service Provider will call on the Client to supplement the complaint. In such a case, the deadline for responding to the complaint begins to run from the completion of the complaint.
  8. After exhausting the complaint procedure, the Client has the right to pursue claims in court proceedings.

§12 Confidentiality

  1. Confidential information shall be understood as any information provided by one Party to the other Party, regardless of the manner in which it is communicated (orally, in writing, in electronic form), except for information which, at the time of disclosure or transfer to the other Party, will be clearly identified as non-confidential, and any economic information, including commercial, technical, non-confidential information,  technological, legal, organizational, know-how concerning one of the Parties or its associates and contractors, obtained by the other Party in connection with or in the performance of the Service. If the information is provided in a manner that is not specified as to its confidentiality or not, it is assumed that it is confidential information.
  2. Each Party undertakes that any confidential information provided and disclosed to it by the other Party will be kept in full secrecy and confidentiality, will be used and used only for purposes related to the performance of the Service, and that it will not be transferred or disclosed to any third party without the express, prior consent of the Party to which it relates, expressed in writing under pain of nullity.
  3. Each Party agrees not to copy, reproduce or distribute in any way confidential information, except as necessary for the performance of the Service, in which case any such copies will be the property of the Party that was the source of such information.
  4. The Parties agree that confidential information and the obligation to keep it confidential do not include information:
    • which are widely known;
    • that have been made public by the Party concerned;
    • disclosed by a Party with the prior written consent of the other Party;
    • the obligation to disclose of which results from mandatory provisions of law;
    • the disclosure of which is necessary in connection with the sale of receivables or the pursuit of claims under the Agreement.
  5. The obligation to keep confidential information confidential lasts for the duration of the Agreement and for a period of 5 years from the date of its termination or expiration.

§13 Changes to the regulations, termination

  1. Each Party is entitled to terminate the Agreement without giving reasons at any time in writing with a two-month notice period effective at the end of the Settlement Period. The two-month notice period does not apply to the Agreement concluded for the Settlement Period shorter than two months.
  2. The Client has the right to terminate the Agreement with a one-month notice period in the event of a gross breach by the Service Provider of the terms and conditions of Service provision provided for in these Terms and Conditions.
  3. The Service Provider has the right to terminate the Agreement with immediate effect in the following cases:
    • providing false or outdated data by the Client in the Individual Agreement;
    • failure to notify the Service Provider of a change in the Client’s registration data within 30 days of making the change;
    • failure to pay the fees for the Service by the Client within 30 days from the date of expiry of the payment deadline for the invoice issued by the Service Provider;
    • gross violation of other provisions of these Terms and Conditions or the Individual Agreement,
    • withdrawal by the Service Recipient of any of the consents granted or objection to the processing of personal data.
  4. The Service Provider reserves the right to amend the Terms and Conditions (including the Price List) for important reasons, in accordance with the procedure set out in this and subsequent sections. An important reason is considered in particular: changes in the scope of the Service provided, changes in the activity conducted by the Service Provider, changes in generally applicable laws. The Client shall be notified of any amendment to the Terms and Conditions, including the Price List, by making the content of the new Terms and Conditions or the Price List available on the Service Provider’s website and by e-mail to the e-mail address indicated by the Client in the Individual Agreement.
  5. An amendment to the Terms and Conditions or the Price List shall become effective within the period indicated by the Service Provider, not shorter than 14 days from the date of notification of the change in the content of the Terms and Conditions (including the Price List) in the manner specified in section 4 above, with the proviso that a change in the Price List for the Client using the Service may in particular result in, for example, a change in the provision of the Service, a change in the parameters of the Service.
  6. If the Client does not agree to the content of the Terms and Conditions (including the Price List) after the amendments, the Client may, within 14 days from the date of informing the Client about the change in the Terms and Conditions (including the Price List) in the manner specified in section 4 above, submit a statement on termination of the Agreement with effect at the end of the Settlement Period in which the statement was submitted. Submission of a statement on termination of the Agreement for the reason indicated in the preceding sentence requires at least the document form. In such a case, the Service Provider shall refund to the Client the fees for the provision of the Service already paid by the Client for the unused Settlement Periods or part thereof (proportionally).
  7. Failure by the Client to submit a statement on termination of the Agreement within the time limit specified in section 6, first sentence, shall mean the Client’s consent to the new wording of the Terms and Conditions (including the Price List).
  8. Termination, termination or expiration of the Agreement, regardless of the reason, results in the exclusion of the possibility of using the Service and the MonkeyJar System and the prevention of access to all Customer data stored as part of the Service and the MonkeyJar System during the period of provision of the Service, in a way that makes it impossible to restore them (irreversible) – within 14 days from the date of termination or expiration of the Agreement. This applies to both data from the MonkeyJar System and data provided or entered by the Customer (Administrator, User) from other sources, as well as the content of the Administration Panel (including User Accounts defined in the MonkeyJar System).
  9. The statement on termination of the Agreement specified in this paragraph should be submitted in writing, under pain of nullity, stating the reasons for terminating the Agreement.

§14 Final provisions

  1. The transfer of rights and obligations under the Agreement by the Client to a third party (including receivables) requires the prior consent of the Service Provider, expressed in writing under pain of nullity. The transfer of rights and obligations under the Agreement by the Service Provider to another entity from the Service Provider’s capital group does not require the Client’s consent, but only notification of the Client about such transfer.
  2. The Service Provider has the right to entrust the performance of the Agreement to a third party (employees, associates, subcontractors) without the need to obtain the Client’s consent.
  3. The Client undertakes to immediately (no later than within 5 Business Days) inform the Service Provider of any changes in the legal form of their business activity, and in particular to provide any changes to the data included in the relevant records or register.
  4. In matters not regulated by these Terms and Conditions, the provisions of Polish law, in particular the Civil Code, shall apply.
  5. Any disputes arising in connection with the Service are resolved by the Parties through mutual negotiations. If no agreement is reached, any disputes arising between the Service Provider and the Client shall be submitted to the court competent for the registered office of the Service Provider.
  6. The Client shall not have the right to transfer the rights and obligations related to the provision of the Service, in whole or in part, to third parties, without the prior written consent of the Service Provider, otherwise it will be null and void.
  7. The parties agree that the place of service of all correspondence between them shall be the following addresses:
    • for Service Provider: Pretius SCI P.S.A., Warsaw (02-092), 16A Żwirki i Wigury Street,
    • for the Client: the address indicated in the Individual Agreement.
  8. The Terms and Conditions come into force on 6 February 2025 (version 1.0).