Terms and conditions for the provision of electronic services

I. DEFINITIONS

1. Terms used in the Terms and Conditions, in the Agreements concluded between the Licensor and the Licensee and in the accompanying documents, unless otherwise stated, shall have the following meanings:

• Access – the possibility of using the iAML Scanner or the iAML API or the Lists in the File by a single individual User designated for this purpose by the Licensee by name and surname, as well as the e-mail address individually assigned to this User; Access is authorised through the e-mail address designated for this purpose by the Licensee and the password set by the User; Unless otherwise stated in the Agreement, it is indicated that the Access is personal, which means that Licensee is entitled to provide access to the subject matter of the Agreement only to those Users who are indicated in the Agreement and assigned to the respective Access; the provision of access to the Product by a User to whom access has been granted to another person, including a person from Licensee’s organisation, constitutes access to the aforementioned Product to a third party and results in a breach of the Agreement by Licensee with all the consequences thereof (rule: one Access – one named User); the Parties may stipulate in the Agreement that the Access is of a multi-user nature, which means that one granted Access may be used by more than one number of Users, the maximum number of which is indicated in the Agreement, while only one User may use the Access at a time (principle: one Access – several Users – one User at a time);
• Act on Combating Unfair Competition – the Act of 16 April 1993 on Combating Unfair Competition;
• Act on the provision of services by electronic means – Act of 18 July 2002 on the provision of services by electronic means;
• Agreement – a licence agreement entered into by the Parties, the object of which is the granting of a Licence by the Licensor to the Licensee to use the Product or Products specified in its content, under the terms and conditions specified therein; the Agreement also constitutes an agreement for the provision of services by electronic means;
• Agreement for the provision of services by electronic means – an agreement for the provision of services by electronic means within the meaning of Article 8 (3) item. 3 of the Act on Provision of Services by Electronic Means;
• AML Act – the Anti-Money Laundering and Countering the Financing of Terrorism Act of 1 March 2018;
• API iAML – a software interface made available by Licensor that enables communication between the iAML Restriction Lists Platform and its content (iAML Restriction Lists) and the Licensee’s IT system; the iAML API is legally protected under the Act on Protection of Databases and the Copyright Act and constitutes a business secret of Licensor within the meaning of the Act on Combating Unfair Competition; the description of the iAML API, the scope of access, the manner of granting Access and the rules for granting the Licence are set out in the iAML Restriction Lists Platform Specification and the General Terms and Conditions;
• Business day – a day from Monday to Friday, excluding public holidays;
• Civil Code – Act of 23 April 1964;
• Consumer – a natural person within the meaning of Article 22¹ of the Civil Code;
• Copyright – the Act of 4 February 1994 on Copyright and Related Rights;
• CRBO – Central Register of Beneficial Owners, maintained pursuant to Chapter 6 of the AML Act;
• Customer Panel – an individual and personalised account of the Customer, enabling the Customer or Users to use the Products provided by the Service Provider in the form of: iAML Scanner or iAML API or Lists in File; Detailed rules for granting access and activating the Customer Panel are set out in the iAML Restriction Lists Platform Specification;
• Database Protection Act – the Database Protection Act of 27 July 2001;
• DEMO Agreement – a licence agreement concluded by the Parties, the subject of which includes granting the Licensee by the Licensor free of charge a Licence for the use of a DEMO Product or Products; the Agreement also constitutes an Agreement for electronic provision of services;
• DEMO Customer Panel – an individual and personalised account of the Customer, enabling the Customer or Users to use the iAML DEMO Scanner provided by the Service Provider;
• DEMO Product – iAML DEMO Scanner;
• Force Majeure – events beyond the control of the Parties, which the Parties were not able to foresee or prevent, which are not the result of an act or omission of the Parties, including in particular, but not limited to: failure of the Internet network or its part, power network, actions of Third Parties which, despite the diligence exercised by the Party, could not have been prevented, or other manifestations of force majeure such as a general strike, fire, flood, epidemic, war;
• GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119, p. 1);
• GTC – General Terms and Conditions of Licence Agreements specifying the general terms and conditions for the performance of the Agreements;
• iAML DEMO Scanner – demonstration web application, web platform providing access to the resources of the iAML Restriction Lists Platform (iAML Restriction Lists), with the limit of queries set by the Service Provider; iAML DEMO Scanner is legally protected under the Act on Protection of Databases and the Copyright Act and constitutes a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition;
• iAML Restriction Lists – iAML Restriction Lists Platform resources consisting of:

1. Own databases;
2. Shared databases;
3. Integrated databases (except for NBP Exchange Rates, which are located exclusively in the iAML System).

A detailed description of the databases is set out in the iAML Restriction Lists Platform Specification;

• iAML Restriction Lists Platform – the platform through which iAML Restriction Lists are made available;
• iAML Restriction Lists Platform Specification – technical and functional description of the iAML Restriction Lists Platform;
• iAML Scanner – web application, Internet platform providing access to resources of the iAML Restriction Lists Platform (iAML Restriction Lists); iAML Scanner is legally protected under the Act on Protection of Databases and the Copyright Act and constitutes a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition; description of the iAML Scanner and rules for the granting of a Licence are set out in the Specification of the iAML Restriction Lists Platform and GTC;
• iAML System – a computer program used to assist in the analysis of transactions for anti-money laundering and counter-terrorist financing purposes and to record unusual, suprathreshold and suspicious transactions; having analytical, recording and reporting functions defined by specific algorithms; the iAML System also comprises the resources of the iAML Restriction Lists Platform; the iAML System is legally protected under the Act on Protection of Databases and the Copyright Act and constitutes a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition; a description of the iAML System and the rules for granting the Licence are set out in the iAML System Specification and the GTC;
• iAML System Specification – the technical and functional description of the iAML System;
• iAML Training Course – an e-learning course on anti-money laundering (AML) issues, made available via a web application, completed by the Licensor with a personal confirmation of its completion; the iAML Training Course is legally protected under the Copyright Act and constitutes a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition; the description of the iAML Training Course and the rules for granting the Licence are set out in the Terms and Conditions of iAML Training and GTC;
• Licence – a non-exclusive, entitlement to use (licence) a Product or a DEMO Product, worldwide, for the time and to the extent specified for Products in the Agreement and for DEMO Products in the Terms and Conditions, without the right to grant sub-licences;
• Licence number – a unique string of characters allowing the use of the iAML System or iAML Training, generated by the Licensor individually for the Product;
• Licensee – the Service Recipient [see below for the definition of “Service Recipient”];
• Licensor – Service provider [see below for definition of “Service provider”];
• Link – a specific network location for downloading the Lists in a File;
• Lists in File – the resources of the iAML Restriction Lists Platform excluding: CRBO and NBP Exchange Rates, made available in the form of files, the manner and scope of which are made available and the terms and conditions of the Licence are set out in the iAML Restriction Lists Platform Specification and Restriction Lists File Structure and the GTC; Lists in File are legally protected under the Database Protection Act and the Copyright Act and constitute a business secret of the Licensor within the meaning of the Unfair Competition Act;
• NBP exchange rates – current and historical foreign exchange rates calculated and published by the National Bank of Poland on the basis of the Act of 29 August 1997 on the National Bank of Poland;
• Parties – collectively the Service Provider and the Client, each of these entities is referred to separately as a “Party”;
• Personal data – personal data within the meaning of Article 4 (1) of the GDPR;
• Privacy Policy – the document posted on the Service Provider’s website at: https://www.iaml.com.pl/polityka-prywatnosci/, setting out the rules for the processing of Personal Data by the Service Provider;
• Procedure – a template of an internal procedure for counteracting money laundering and terrorist financing within the meaning of Article 50(1) of the AML Act, made available in the form of an electronic file in a format that enables its editing; the Procedure is subject to legal protection under the Copyright Act and constitutes a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition; the description of the Procedure, the manner of making it available and the rules for granting the Licence are set out in the GTC;
• Product – iAML API or Lists in File or iAML Scanner or iAML System or Risk Assessment or Procedure or iAML Training;
• Quasi-consumer – a natural person within the meaning of Article 385⁵ of the Civil Code;
• Restriction List File Structures – a description of the available formats and structures of the List in File which, together with the iAML Restriction Lists Platform Specification, make up the entire technical and functional description of the List in File Product; document: Restriction Lists File Structures applies only to the description of the List Product in the File;
• Risk Assessment – a template of a risk assessment document within the meaning of Article 27 (1) of the AML Act made available as an electronic file in a format enabling its editing; the Risk Assessment is subject to legal protection under the Copyright Act and constitutes a business secret of the Service Provider within the meaning of the Act on Combating Unfair Competition; the description of the Risk Assessment, the manner of making it available and the rules for granting the Licence are set out in the GTC;
• Rules and Regulations – these Rules and Regulations for the provision of services by electronic means; these Rules and Regulations constitute the Rules and Regulations for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act on the provision of services by electronic means;
• Sanction Lists – unified and consolidated sanction lists developed mostly by third parties covering individuals and entities to which the Licensor has been granted access, the Service Recipient has the possibility to choose which of the sanction lists implemented by the Licensor in the iAML Scanner or the iAML API, made available as Optional Sanction Lists, it wishes to use under the licence; a detailed description of the available resources is set out in the iAML Restriction Lists Platform Specification or the iAML System Specification;
• Service – any service provided by the Service Provider to the Client under the Agreement for Provision of Services by Electronic Means within the meaning of the Act on Provision of Services by Electronic Means;
• Service Recipient / Licensee – a customer of the Service Provider who uses the Service;
• Service Provider / Licensor – “Incaso Group” sp. z o. o. with registered office in Koszalin (Poland), whose registration files are kept by the District Court in Koszalin, IX Economic Department of the National Court Register, KRS: 0000503873, REGON: 321497710, NIP: 6692521160; a change of the Service Provider’s company, registered office, address, court or other registration data does not constitute an amendment to the Terms and Conditions, but is communicated to the Customer by e-mail;
• Third Party – any natural person, legal entity or unincorporated organisational unit not being a Licensee or User;
• User – a natural person employed on any legal basis by the Customer, whom the Customer has authorised to use the Product offered by the Service Provider, exclusively in the name and on behalf of the Customer and for the Customer’s internal purposes; a natural person who does not fulfil the conditions referred to above but who, by separate arrangement with the Service Provider, including with the latter’s knowledge and permission, is authorised to use the Product or Services offered by the Service Provider with effect for the Customer, shall also be deemed to be a User.
• Working hours – hours from 8.00 am – 4.00 pm on Working Days.

1. GENERAL PROVISIONS
2. The Terms and Conditions are available to the Service Recipient and the User on the Service Provider’s website free of charge at: https://www.iaml.com.pl/, both prior to the use of the Services and during the use of the Services in a manner that allows it to be downloaded, saved and printed.
3. Acceptance of the Terms and Conditions is a condition of use of the Services by the Client or User.
4. From the moment of acceptance of the Terms and Conditions, the Client or User is obliged to comply with the provisions of the Terms and Conditions.
5. By entering into a Contract or a DEMO Contract, the Customer declares that he or she has read the Terms and Conditions, fully accepts their contents and undertakes to comply with them.
6. In matters not covered by the Terms and Conditions, the provisions of the Privacy Policy shall apply, and in the case of the conclusion of an Agreement, the provisions of the Agreement (including the GTC) shall also apply.

• TYPES AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider shall, on the basis of a concluded Contract or DEMO Contract, provide Services to the Users for the period resulting from the Contract or DEMO Contract, whereby, depending on the Product covered by the Contract, the Service Provider shall provide the following Services to the User:
2. DEMO Customer Panel: the Service Provider shall make the DEMO Customer Panel available to the Customer for use, allowing the Customer to access a demo, individual account, at https://app.aml.pl/users/sign_up, enabling the Customer or Users to use the DEMO Products provided by the Service Provider in the form of: iAML DEMO Scanner. Access to the DEMO Customer Panel is activated on the date of conclusion of the DEMO Contract after reading and accepting the Terms and Conditions and Privacy Policy, providing the Client’s e-mail address, setting a password by the Client and clicking on the activation link made available to the e-mail address provided by the Client;
3. iAML DEMO SCANNER: The Service Provider makes available to the Client for use the DEMO Product: iAML DEMO Scanner by enabling the Client to gain demo access to the iAML Restriction Lists via a web application available at: https://app.aml.pl/companies, which is accessed via the DEMO Client Panel. Access to the iAML DEMO Scanner is provided to the Service Recipient on the date of conclusion of the DEMO Contract.
4. Customer Panel: The Service Provider shall make the Customer Panel available to the Customer for use, allowing the Customer to access an individual and personalised account, at https://app.aml.pl/users/sign_in, enabling the Customer or Users to manage the account and permissions independently by the User and to use the Products provided by the Service Provider in the form of: iAML Scanner or iAML API or Lists in File. The activation of the access to the Client Panel and the transmission to the Client of an e-mail message with a link enabling the activation of the account and the setting of the password shall take place within 3 (three) Working Days from the conclusion of the Contract at the latest;
5. iAML SCANNER: The Service Provider makes the Product: iAML Scanner available to the Client for use, enabling the Client to access the iAML Restriction Lists via a web application available at: https://app.aml.pl/, which is accessed via the Customer Panel. Access to the iAML Scanner will be provided to the Service Recipient no later than 3 (three) Business Days after the conclusion of the Contract, subject to paragraph 2 below;
6. iAML API: The Service Provider shall make available to the Customer for use the Product: iAML API, enabling the Customer to access the iAML Restriction Lists via the iAML Restriction Lists Platform, in a way that allows the iAML API to interact (integrate) with the Customer’s IT system. The iAML API enables the Service Recipient to obtain feedback from the iAML Restriction Lists Platform (and thus from the iAML Restriction Lists), directly into the Service Recipient’s IT system (per GET request). Activation of the Customer’s access to the iAML API takes place via the Customer Panel enabling the generation of the so-called API key. The detailed rules for data provision, in particular the procedures and standards of the iAML API are defined in the iAML Restriction Lists Platform Specification. Access to the iAML API is provided to the Customer at the latest within 3 (three) Business Days from the conclusion of the Agreement;
7. LISTS IN FILE: The Service Provider shall make available to the Client for use the Product: Lists in File, enabling the Client to access the Lists in File either via the Client Panel or via a Link with an authorisation key provided by the Service Provider via the Client Panel. Providing the Client with access to the Lists in File includes the possibility of downloading the Lists in File in a file format, consistent with the format specified in the iAML Restriction Lists File Structure or any other format mutually agreed by the Parties. Access to the Lists in File shall be provided to the Client no later than 3 (three) Business Days after the conclusion of the Agreement;
8. iAML SYSTEM: The Service Provider makes the Product: iAML System available to the Service Recipient for use, allowing the Service Recipient to access the iAML System via an individual Licence Number during installation. The results of all analytical functions used in the iAML System are produced when the required data are entered in full. The entry of incomplete data will only trigger certain analytical functions. The technical and functional description of the iAML System is defined in the iAML System Specification. Access to the iAML System (transfer of the Licence Number) and details of the installation rules of the iAML System shall be communicated to the Service Recipient at the latest within 3 (three) Working Days from the conclusion of the Contract by e-mail, subject to paragraph 2 below;
9. RISK ASSESSMENT: the Service Provider shall make the Product: Risk Assessment available to the Client for use by providing the Client with a one-time electronic file in a format that allows the Client to edit the Risk Assessment himself. The Risk Assessment shall be provided to the Client no later than 3 (three) Working Days from the date of conclusion of the Agreement, by e-mail to the e-mail address indicated by the Client when placing the Order, subject to paragraph 2 below. Any update of the Risk Assessment is carried out in the cases and under the conditions specified in the GTC, by providing the Client by e-mail with an updated electronic file containing the Risk Assessment in a format that allows the Client to edit the Procedure himself;
10. PROCEDURE: The Service Provider shall make the Product: Procedure available to the Client for use by providing the Client with a one-time electronic file in a format that allows the Client to edit the Procedure himself. The risk assessment is communicated to the Client no later than 3 (three) Working Days after the conclusion of the Agreement, by e-mail to the e-mail address indicated by the Client when placing the Order, subject to paragraph 2 below. Any update of the Procedure is made in the cases and under the conditions specified in the GTC, by e-mailing the Client an updated electronic file containing the Procedure in a format that allows the Client to edit the Procedure himself;
11. iAML TRAINING: The Service Provider makes the Product: iAML Training available to the Service Recipient for use, allowing the Service Recipient to access the iAML Training via a web application available at: https://szkolenia.iaml.com.pl/, after entering the License Number and providing the Service Recipient with a one-time electronic file in pdf format containing the iAML Training agenda. Access to the iAML Training is provided to the Client at the latest within 3 (three) Working Days from the date of conclusion of the Agreement by providing the Client with the Licence Number and the agenda of the iAML Training by e-mail to the e-mail address indicated, subject to paragraph 2. Any updates to the iAML Training are made in the cases and under the conditions specified in the GTC via the web application indicated above. The Service Provider shall inform the Client of the update of the Training by e-mail. The Service Provider may also make the iAML Training available to the Client for use by allowing the Client to access the iAML Training via a link containing the Licence Number provided to the User by the Service Provider.
12. In the case of Quasiconsumer, the Service Provider shall not activate the Client’s access to the Products or make the Products available to the Client until the Service Provider has received the Client’s express consent to the performance before the end of the withdrawal period.

1. iAML DEMO SCANNER
2. The iAML DEMO Scanner Service is addressed to obliged institutions, representatives, employees or associates of obliged institutions responsible for AML and terrorist financing activities as defined in Article 2, paragraph 1 of the AML Act.
3. The Service Recipient may have only one account in the iAML DEMO Scanner.
4. Enquiries made by the Service Recipient via the iAML Scanner DEMO, will be anonymous, i.e. the Service Provider, within the framework of the above service, does not have access to the data of the persons who are covered by the enquiries made by the Service Recipient.
5. The resources made available through the iAML DEMO Scanner are made available only to the extent of the data collected or acquired by the Service Provider. The Service Provider updates the aforementioned resources on the basis of available sources, including websites and services, e.g. websites of public administration institutions (KNF, BIP subject pages). Accordingly, the Service Provider shall not be liable for any failure to update, inaccuracy or incompleteness of the information collected by it as a result of the failure of the entities providing the data used by the Service Provider to build and update the resources to take appropriate update or information measures. At the same time, the Service Provider indicates that it makes every effort to keep its resources up to date, which it does by using official data sources.
6. iAML DEMO Scanner is subject to copyright protection, which includes: full source code of iAML DEMO Scanner, documentation, structure and organization of iAML DEMO Scanner files, database structure, subsequent versions and modifications, individual elements of the web platform (images, graphics), iAML Scanner name, logo and other visual forms related to iAML DEMO Scanner.
7. The Customer shall cooperate with the Service Provider to the extent necessary to protect the copyrights in the iAML Scanner, in particular to inform the Service Provider of any identified cases of copyright infringement and threats.
8. The licence for the iAML DEMO scanner is granted for the field of use of the iAML DEMO scanner, which means running, displaying, accessing, storing (archiving) the entered data together with the results of their analysis, printing and downloading from the iAML DEMO scanner.
9. The Licensee shall not be permitted to take any action that could cause damage to the Service Provider, other Service Recipients, Users or Third Parties, and in particular:
   1. take actions that may lead to unauthorised removal or circumvention of technical security measures of the iAML DEMO Scanner;
   2. make copies of the iAML DEMO Scanner;
   3. use data of Third Parties for the purpose of accessing the iAML DEMO Scanner;
   4. provide third parties with access to the iAML DEMO Scanner;
   5. sub-license the iAML DEMO Scanner to Third Parties;
   6. use the iAML DEMO Scanner for paid or unpaid service of Third Parties;
   7. use trademarks, logos, content, images or other materials made available through the DEMO Product without the prior written consent of the Service Provider;
   8. undertake or enable actions aimed at introducing into the DEMO Product malicious software, content of unlawful nature or undertake other actions aimed at preventing the DEMO Product from functioning properly;
   9. use the iAML DEMO Scanner as a basis for developing, by itself or with the assistance of others (including solely by others as a result of information provided by the Licensee), other tools with identical or similar functions and applications to the Licensor’s products.
10. If it is determined that the Licensee is using the iAML DEMO Scanner in a manner inconsistent with the DEMO Agreement, the Licensor may demand in particular:
    1. to cease any activities that could endanger the Service Provider, other Service Recipients, Users or Third Parties,
    2. delete any copies of the iAML DEMO Scanner made in an unauthorised manner,
    3. to prevent access to the iAML DEMO Scanner by unauthorised Third Parties,
    4. to compensate for the infringement of the author’s rights to the iAML DEMO Scanner or to assert and enforce other rights to which Licensor is entitled through appropriate legal means, including a demand for immediate cessation of infringements.
11. In the event of difficulties in getting the iAML DEMO Scanner up and running, the Service Recipient may contact the Service Provider’s Helpdesk Department from Monday to Friday between 8.00 a.m. and 4.00 p.m., e-mail: pomoc@iaml.com.pl, tel: +48 22 100 36 93.
12. The Service Provider does not support the Client in the use of the iAML DEMO scanner. The Client may, by means of an individual and separate agreement with the Service Provider, ensure himself/herself appropriate support in this regard. To this end, the user should contact the service provider at dok@iaml.com.pl.

1. TERMS AND CONDITIONS OF ELECTRONIC SERVICES – TECHNICAL REQUIREMENTS
   1. In order to properly use the Services, the User should have access to a computer workstation or an electronic device with Internet access, with installed software that allows browsing the Internet.
   2. In order to use the Services correctly and safely, it is recommended to have up-to-date anti-virus software.
   3. Detailed technical requirements necessary to use the Services are set out in Appendix 1 to the Regulations.
   4. The obligation to provide the technical conditions indicated in items. 1-3 of this chapter shall be the responsibility of the Service Recipient or the User, who shall bear all related costs.
   5. The Service Provider is not responsible for any impediments to the use of the Services resulting from the malfunction of the User’s equipment or the User’s failure to meet the technical requirements described in points. 1-3 of this chapter.
   6. During the provision of the Services, the Service Provider shall provide authorised Users with advice and explanations on the technical requirements of the individual Services, under the terms and conditions detailed in the Regulations or the Agreement.

1. OTHER TERMS AND CONDITIONS OF ELECTRONIC SERVICES
2. The Service Recipient is prohibited from providing and, in particular, from e-mailing or entering into the Customer Panel or the DEMO Customer Panel or any of the Products or DEMO Products unlawful content, pursuant to Art. 8 (3) para. 2(b) of the Act on Provision of Electronic Services.
3. The Customer is obliged to refrain from any actions that may hinder or interfere with the operation of any Product or DEMO Product.
4. The recipient is obliged to use Products and DEMO Products in a manner that is not onerous for other recipients and not to undertake any actions that may expose the service provider, recipients, users or third parties to harm.
5. The remuneration of the Service Provider for making the Product available to the Client for use is based entirely on the Contract. The Service Provider does not charge additional remuneration for the provision of services by electronic means within the meaning of the Act on Provision of Electronic Services.
6. The Service Provider does not charge remuneration under the DEMO Contract and thus does not charge remuneration both for making the DEMO Product available to the Service Recipient for use and for providing services electronically within the meaning of the Act on Providing Services Electronically.
7. The Service Provider shall not be liable for non-performance or improper performance of obligations under the Terms and Conditions for which the Service Provider is not at fault or which were caused by circumstances beyond the Service Provider’s control despite the exercise of due diligence.
8. The Service Provider is not responsible, does not give any guarantee or warranty for the correct operation, physical defects or legal defects of the Client’s infrastructure or third parties providing services necessary for the correct operation of the Client’s infrastructure.
9. The Service Provider shall not be liable under warranty for defects.
10. The Service Provider shall not be liable for problems resulting from the Client’s failure to meet the technical requirements necessary for the correct use of the Products or DEMO Products as set out in the GTC or the Terms and Conditions.
11. The Licensor shall not be liable for any damage caused by:
12. the non-availability of the Product to the Licensee through no fault of the Licensor;
13. the lack of availability of the DEMO Product for the Licensee;
14. circumstances attributable to third parties or the Licensee, in particular the Licensee’s breach of the Agreement or the DEMO Agreement;
15. the operation of software installed by Licensee that is not Licensor’s software;
16. the effects of computer viruses or malicious acts by third parties or loss of data by Licensee.
17. Any change in the names and designations of the Licensed Tools, including the Products or DEMO Products, as well as the systems, software, databases included in the Products or DEMO Products, shall not affect the scope and content of the obligations of the Parties, in particular the obligations of the Licensee to comply with the terms and conditions of the License granted.
18. The Licensor’s Products and DEMO Products shall constitute a business secret of the Licensor within the meaning of the Act on Combating Unfair Competition, and consequently the Licensee shall, during the term of the Agreement or the DEMO Agreement and for a period of 10 (ten) years after its termination or expiry for any reason whatsoever, be obliged:
19. not to use the Product or the DEMO Product for paid or unpaid service to Third Parties;
20. not to use the Product or DEMO Product as a basis for developing, by itself or with the assistance of others (including solely by others as a result of information provided by Licensee), other tools with identical or similar functions and applications to the Products or DEMO Products.

• TERMS AND CONDITIONS OF ENTERING INTO AND TERMINATING AN AGREEMENT FOR THE PROVISION OF SERVICES BY ELECTRONIC MEANS
  1. The terms and conditions for the conclusion and termination of the Agreement (which also constitutes an Agreement for the provision of services by electronic means) are set out in detail in the content of the Agreement or the GTC.
  2. The conclusion of the Agreement for DEMO (which also constitutes an Agreement for the provision of services by electronic means) requires prior reading and acceptance of the Terms and Conditions and Privacy Policy, provision of the Customer’s e-mail address, setting a password and occurs upon clicking on the activation link provided to the e-mail address indicated by the Customer.
  3. The contract for DEMO is concluded for an indefinite period of time.
  4. The Customer may terminate the Contract for DEMO at any time by submitting a statement in the form of an e-mail to dok@iaml.com.pl or in writing to the address: “Incaso Group” sp. z o. o., ul. Jana Pawła II 20/70, 75-452 Koszalin (Poland), with 14 days’ notice from the date of submission of the instruction to terminate the Agreement on DEMO.
  5. The Service Provider may, subject to contrary provisions of the DEMO Agreement, terminate the DEMO Agreement with immediate effect in the event of:

1. the Customer’s failure to use the DEMO Product for a period of 30 days or the Customer’s use of the query limit set for the iAML DEMO Scanner;
2. if the Customer provides false or third party data;
3. gross violation of the Terms and Conditions, which may be deemed in particular to be a violation of Section IV, subsection 8 or Section VI, subsection 12 of the Terms and Conditions.

• COMPLAINT PROCEDURE
  1. The Customer has the right to make a complaint about the use of the Services under the terms and conditions specified in the GTC.
  2. In cases not regulated in the GTC, complaints regarding use of the Services are accepted in the form of e-mail at support@iaml.com.pl or by telephone at (+48) 22 100 36 93 on Business Days during Business Hours.
  3. A complaint should include:
     1. data enabling identification of the Service Recipient and the User and contact data, in particular the name and surname or name (company) of the Service Recipient, name and position of the person authorised to represent the Service Recipient, e-mail address, contact telephone number,
     2. the exact description and reason for the complaint, including a detailed description of the irregularity,
     3. the request related to the complaint.
  4. The Service Provider reserves the right not to consider complaints submitted in violation of this section of the Terms and Conditions.
  5. The Service Provider undertakes to consider each complaint within 14 days from the date of receipt of the complaint by sending a response to the address provided by the User, unless the User indicates another way of sending the response. In justified cases, the Service Provider reserves the possibility to extend the time limit for considering the complaint. In the event of force majeure, the processing of the complaint will be suspended for a period equal to the period of force majeure plus the time necessary for the possible proper functioning of the Service Provider.
  6. A Customer who is a Consumer is entitled to use out-of-court dispute resolution procedures. Detailed information related to this is available on the website of the Office of Competition and Consumer Protection https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

1. PROTECTION OF PERSONAL DATA
   1. The rules for the processing of personal data and the use of cookies are described in the Privacy Policy available at: https://www.iaml.com.pl/polityka-prywatnosci.html.

1. FINAL PROVISIONS
2. Communication between the Parties shall be conducted exclusively in the Polish language.
3. The obligations arising from the Regulations shall be governed by Polish law.
4. If the Agreement or other documents accompanying it (including GTC), contain provisions different from the Regulations, the terms and conditions specified in the Agreement or other documents accompanying it shall be deemed binding on the Parties.
5. If the Customer is a Consumer or Quasi-consumer, then those provisions of the Terms and Conditions which, in accordance with Articles 385¹ – 385³ of the Civil Code, constitute prohibited contractual provisions and which have been or could be included in the register of contractual provisions deemed prohibited, maintained by the President of the Office of Competition and Consumer Protection, shall not apply to him.
6. The invalidity of any provision of the Terms and Conditions shall not render the entire Terms and Conditions invalid and shall not affect the effectiveness of the remaining provisions thereof. Instead of the invalid or ineffective provisions, or as a gap-filler, an appropriate regulation shall apply, which – if legally permissible – shall correspond as closely as possible to what the Parties originally agreed or what they would have agreed if they had concluded such provisions.
7. The Client may not, without the Service Provider’s consent in writing under pain of invalidity, transfer the rights and obligations under the Terms and Conditions to a third party or establish rights on the rights under the Terms and Conditions.
8. The Parties undertake to endeavour to resolve any disputes relating to the provision of Services amicably. If a dispute is not resolved amicably within 1 (one) month, all disputes related to the provision of the Services shall be resolved by the District Court for the city of Warsaw in Warsaw or a higher court for this court, and the Parties expressly exclude other courts of competent jurisdiction and arbitration.

Annex 1 to the Rules of Procedure
SPECIFIC TECHNICAL REQUIREMENTS NECESSARY FOR THE USE OF THE SERVICES