Action Plan Terms of Use

Announced June 1, 2022

The Action Plan system provides functions related to the operational management of the enterprise, as well as specialist functions related to conducting audits and implementing a policy of continuous improvement in companies (hereinafter referred to as "System" or "Action Plan").

This document sets out the conditions under which the Customer may use the services of the Action Plan System, including: online platforms, mobile applications, e-mail notifications, APIs and websites (hereinafter collectively referred to as "Services"). The Service Provider is Ruby Logic Poland Sp.z o.o.with headquarters in Bielsko-Biała (43-300) at pl. Żwirki i Wigury 9A / 5, entered into the National Court Register under number 0000933511, share capital: PLN 50,000, NIP 5472228121, REGON 520477998 (hereinafter referred to as " Supplier").

Access to and use of the Services are conditional upon your acceptance of and compliance with these Terms of Service (the "Agreement"). By accessing or using the Services, the Customer confirms that he has read, understood and agrees to be bound by this Agreement and to collect and process Personal Data in accordance with the Action Plan Privacy Policy - Appendix 2.

Definitions

Evaluation period - a one-time period, lasting a maximum of 60 days, during which the Customer can test the Action Plan within the limits set by the Provider and without incurring the cost of the License Fee.

License period - the time during which the Customer uses the Action Plan, incurring the costs related to the License Fee.

License fee / Subscription fee - (alternatively) the amount of the monthly or annual subscription resulting from the license granted to the Customer by the Supplier to use the System within the set limits and for a specified period of time.

Customer - a company or person using the Action Plan software during the Evaluation Period or License Period.

Offer - a document presented to the Customer by the Supplier before the beginning of the License Period, specifying the limits of resources made available to the Customer and the amount of the License Fee.

Action Plan internet platform - a website available at one of the addresses set out in Appendix 1, which is the main element of the Action Plan system.

Action Plan Pulse - a mobile application available to users of phones with the Android or iOS operating system, integrated with Action Plan.

User account - defined by an identifier (e-mail address) and a password-protected record in a database that uniquely identifies the person in the Action Plan Internet Platform and protects against access by unauthorized persons.

Pulse Account - defined by an identifier (mobile phone number with country code) and password-protected entry in a database that uniquely identifies the person in the Action Plan Pulse mobile application.

Authentication - the process of gaining access to resources by entering the correct ID and password.

Use of Action Plan Services

Provided that the Customer accepts and complies with the terms of this Agreement, the Supplier grants the Customer a limited, non-exclusive and non-transferable license for internal use and access to the Services to the extent and within the limits set out in the Offer.
Access to the Service is specified individually for each Customer in the Offer document.
The Action Plan internet platform is available at one of the internet addresses specified in Appendix 1. Access to the Online Platform requires a User Account and the Authentication process.
The Action Plan Pulse mobile application is available to the public and downloadable by users of phones with the Android or iOS operating system. The addresses for downloading the application are specified in Appendix 1. Access to the mobile application requires a Pulse Account and the authentication process.
The Action Plan system is a solution available in the cloud, and the Customer gains access to the current version of the System (as is) without the possibility of influencing the scope and shape of the available functions.
Using the Service involves the processing of Personal Data. The Customer agrees to the collection and processing of Personal Data by the Provider in accordance with the Action Plan Privacy Policy described in Appendix 2.
The use of the Service is allowed only by adults (over 18 years of age).
The Provider reserves all rights not expressly granted herein as part of the Services.

Supplier's Rights and Obligations

The Supplier's obligation is, subject to point 2, to ensure uninterrupted and failure-free operation of all elements of the Action Plan System and to ensure the security and integrity of data.
The Supplier is not responsible for the non-operation or incorrect operation of the System or its individual components, including when:
- a. The cause of the problem lies with the providers of external services used by the Provider, including: hosting services and DNS services,
- b. The failure or unavailability lasts less than 8 working hours calculated on working days between 8 a.m. and 4 p.m. CET,
- c. The customer has committed any of the prohibited activities described in the section "Restricted Activities",
- d. The customer has not paid the subscription fee on time and is in arrears,
- e. The Provider has been forced by the relevant administrative authority to cease the provision of the Service or to disable any of the elements of the System,
- f. There have been changes in the rules for publishing mobile applications in the App Store or Google Play stores that prevent the publication of the mobile application in its current form,
- g. The Customer's device or software is not adapted to operate any of the System components.
The functions of the Services provided by Action Plan are constantly evolving and the form and scope of the Services provided by Action Plan may change from time to time. The Provider reserves the right to make changes to the current scope of the Services, including the exclusion (permanently or temporarily) of certain functions without prior notice to Users
The Supplier undertakes to pursue a policy of continuous improvement of the System by:
- a. Taking care of the security of resources and introducing the necessary security corrections,
- b. Reacting to incidents reported by System Clients,
- c. Collecting ideas for the development of the System and implementing those that the Supplier himself deems legitimate and valuable for all Customers of the System.

Customer Rights and Obligations

The Customer is entitled to one Evaluation Period, lasting a maximum of 60 days. In justified cases, such as e.g. suspected corporate espionage, the Supplier may refuse to grant access for the Evaluation Period.
The Customer is obliged to keep his password confidential and is responsible for limiting access to his User Account and Pulse Account to third parties.
The Customer undertakes not to disclose his password or other access information to third parties, either temporarily or permanently, and undertakes to assume responsibility for all activities performed under his User Account or Pulse Account, whether or not authorized by the Customer.
Customer agrees to notify Supplier immediately of any unauthorized use of a User Account or Pulse Account.
The customer is obliged to pay the subscription fees on time. Temporary failure or unavailability of the system does not constitute grounds for withholding payments or reducing the subscription amount, which the Customer accepts.

Prohibited Activities

The customer agrees not to engage in any of the following prohibited activities:

reverse engineer or decompile the Services or any component thereof, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or appropriate algorithms for the Services, or attempt to create a replacement or similar service by using or accessing the Services unless expressly permitted or required by applicable law,
copying, renting, selling, transferring, assigning, sublicense or altering any part of the Services,
using, without the written consent of Action Plan, the name "Action Plan" to endorse or promote any product or service, including a product or service, that uses the Services,
using the Services for any illegal, unauthorized or otherwise improper purposes or in any way that would violate this Agreement, or in connection with any products, services or activities that compete with the Action Plan System,
removing any information on copyrights, trademarks or other proprietary rights related to the Services,
using the Services in a manner that, at the Supplier's sole discretion, exceeds a reasonable number of requests, is excessive or abusive, or is otherwise inconsistent with any part of the Services documentation,
circumvent any security control or access mechanism to the Services.

Fees and Payment Terms

The basis for calculating the fees is the Offer document presented to the Customer by the Provider before the beginning of the Licensing Period, containing information about the start date of the period, end date of the period, the amount of the license fee and limits for using the Service, including:
- a. Limit of active User Accounts,
- b. Limit of active Pulse Accounts,
- c. Space limit for attachments,
- d. Audit module checklist limit,
- e. Limit of audit zones in the audit module.
With the exception of the free Evaluation Period, the Client undertakes to pay the license fees in a timely manner throughout the period covered by the Offer presented to the Client. Temporary failure or unavailability of the system does not constitute grounds for withholding payments or reducing the subscription amount, which the Customer accepts.
The subscription fee is made in advance on the basis of a VAT invoice to the bank account indicated by the Supplier within the period:
- a. Until the 10th of the month for monthly payments,
- b. Up to 10 business days from the beginning of the Licensing Period, if paid for one year in advance.
In the event of a delay in the payment of the License Fee, the Supplier reserves the right to charge default interest in the statutory amount and to suspend the provision of the Service temporarily or completely.

Final Arrangements

The Agreement comes into force after 14 days from the date of announcement.

The primary language of the Agreement of the website is Polish. In case of any doubts related to the translated content, they should be resolved by referring to the original language version, except when the mandatory provisions of law make it necessary to resolve them on the basis of a different language version.