General Terms and Conditions of Service (GTC)

1. Definitions

1.1. GTS - General Terms of Service for Flowgres - established by the Service Provider, the rules for providing and using the Services, applicable to Agreements concluded by the Service Provider with the Customer. The GTS is available at https://flowgres.com/contact/owu. Submitting an Order by the Customer means acceptance of the GTS without reservation.

1.2. Service Provider - ITMORE spółka z ograniczoną odpowiedzialnością with its registered office in Pruszcz Gdański, at ul. Jana Kochanowskiego 6A/4; 83-000 Pruszcz Gdański, entered into the register of entrepreneurs of the National Court Register kept by the District Court Gdańsk – Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000600881, NIP: 6040169091, REGON: 363691046.

1.3. Customer - a natural person, legal person, or organizational unit without legal personality, having legal capacity, being a party to the Agreement with the Service Provider. The Customer may only be an entrepreneur within the meaning of the Act of 6 March 2018, the Law of Entrepreneurs (Journal of Laws of 2018, item 646; consolidated text of 8 December 2020, Journal of Laws of 2021, item 162), and entering into the Agreement is an act related to their business or professional activity. For natural persons running a sole proprietorship who enter into an Agreement directly related to their business activity, where the content of that Agreement shows that it is not of a professional nature for them, the provisions of point 13.7 of these GTS apply.

1.4. Parties – the Service Provider and the Customer.

1.5. Flowgres Service or Service - a service performed by the Service Provider for the Customer, consisting of:

1.5.1. providing the Customer with cloud space;

1.5.2. providing the Customer with access to the services and the Flowgres Application Version specified in the Order, excluding the cases specified in point 5.2 of the GTS;

1.5.3. storing and securing on the Service Provider's servers the data entered by the Customer into the Service;

1.5.4. the Customer purchases the service as-is. Support and other services are provided under a separate order.

1.6. Flowgres Application or Flowgres – software comprising integrated online services. A detailed description of the functionality of the Flowgres Application is available at https://flowgres.com/products/

1.7. Version – a defined version of the Flowgres Application, selectable by the Customer. The quantity and functional limits of individual Versions, together with their Subscription Fees, are available at https://flowgres.com/pricing/

1.8. Additional Service - a service other than the Flowgres Service (e.g. training on the Flowgres Application), specified by the Parties in a separate order, tailored to the Customer's individual needs.

1.9. Agreement - an agreement for the provision of Services and the granting of a license to use the Flowgres Application, concluded between the Service Provider and the Customer.

1.10. Order – the Customer's commissioning of the Service Provider to perform the Service.

1.11. Access Address - an individual (Customer-specific) internet address (URL) enabling the Customer to access the Flowgres Application.

1.12. User - a natural person, including an employee, a person cooperating with the Customer under a long-term civil-law agreement, a partner, or a contractor, for whom the Customer has created a User Account.

1.13. User Account - a User's account with a unique access code and password.

1.14. Customer Administrator - a defined User with elevated privileges within Flowgres, specified in detail in point 3.7 of the GTS.

1.15. Subscription Fee - the fee for using the Service, payable in accordance with the selected Billing Period.

1.16. Setup Fee - a one-time, non-refundable, mandatory fee covering the cost of preparing the cloud environment for the Customer.

1.17. Billing Period – the period of time (monthly or annual) specified in the Order, during which Services are performed and for which they are billed.

1.18. Error - incorrect operation of the Flowgres Application.

1.19. Service Break - an interruption in access to the Service, of which the Service Provider notifies in advance by email to the address provided by the Customer in the Order. The Service Provider will make every effort to schedule the Service Break at a time causing the least possible disruption to Users.

1.20. Failure - complete lack of access to the Service.

1.21. Force Majeure - events caused by circumstances beyond the Service Provider's control despite exercising due diligence, in particular: acts of nature, disturbances of public life, including strikes and riots, official actions, epidemics and other unforeseeable, unavoidable events with serious consequences.

2. General Provisions

2.1. Services are provided on the basis of the Order and the GTS.

2.2. The Agreement is concluded upon the joint fulfillment of the following conditions:

2.2.1. the Customer submitting the Order and its acceptance by the Service Provider in the manner specified in point 2.3 of the GTS;

2.2.2. the Customer's acceptance of the GTS;

2.2.3. the Customer's advance payment, based on an invoice, of the Setup Fee and the Subscription Fee for the first Billing Period.

2.3. The Order is submitted in writing by email to: office@flowgres.com. The Order is deemed to have been submitted and signed by a person authorized to place Orders on behalf of the Customer. The content of the Order must indicate at least:

2.3.1. Customer details, including a contact email address;

2.3.2. the Number of Users for whom User Accounts are to be created;

2.3.3. the Number (at least one) of User Accounts with Customer Administrator privileges;

2.3.4. the Billing Period;

2.3.5. the selected Version of the Flowgres Application;

2.3.6. the Customer's declaration of having read the GTS.

2.4. Acceptance of the Order takes place in writing by the Service Provider sending a reply email together with an invoice for the Setup Fee and the Subscription Fee for the first Billing Period. If, for any reason, the Service Provider cannot accept the Order for execution on the terms proposed by the Customer, it may propose other terms, which will bind the Parties if accepted by the Customer in the manner indicated in point 2.2 of the GTS.

2.5. Failure to pay the fees specified in point 2.2.3 of the GTS within the period indicated on the invoice entitles the Service Provider to withdraw from and cancel the Order, without the need to notify the Customer.

2.6. If the Customer is a partner in a civil-law partnership, and that partnership is dissolved during the term of the Agreement, the right to control the Account and the data contained therein belongs to the partner who originally registered the Account, unless all former partners submit a joint written statement to the Service Provider indicating another successor to the Account.

3. Terms of Service Provision

3.1. Provision of the Services requires the Customer to have internet access and a web browser. The recommended web browser for the Flowgres Application to function correctly is Google Chrome.

3.2. To gain access to the Service, the Service Provider may request identification data and additional information from the Customer. The Customer is obliged to provide such data and information and is responsible for its accuracy and up-to-dateness.

3.3. After the Services begin, the Customer will receive, at the email address provided in the Order, the Access Address as well as a login and a temporary password for the User Account. When accessing the Services, the Customer will use only the Access Address provided by the Service Provider. The Customer may not access the Service in any other automated way, e.g. via scripts, bots, web crawlers, etc.

3.4. The Customer may have one or more User Accounts, in accordance with the number specified in the Order.

3.5. Each User Account may be used by only one User. The Customer is not entitled to share User Accounts among several Users or to allow a third party to create a User Account. However, the Customer has the right to transfer an unused User Account to a new User at any time.

3.6. In the event of a breach of point 3.5 of the GTS, the Service Provider is entitled to demand payment from the Customer of a contractual penalty equal to the Subscription Fee for a three-month Billing Period.

3.7. The Customer may select one or more User Accounts to have Customer Administrator privileges, including:

3.7.1. adding, editing and deleting User Accounts and determining the scope of Services and Customer data available to individual Users;

3.7.2. the right to access all Customer data;

3.7.3. the right to grant Customer Administrator privileges to another User.

3.8. The Customer is obliged to ensure compliance with the provisions of the GTS by its Users and bears full responsibility for the Users' use of the Services and any damage caused by them.

3.9. By placing an Order, the Customer takes into account and accepts that, even with the utmost diligence of the Service Provider, short-term unavailability of the Service may occur, caused by circumstances beyond the Service Provider's control (as indicated, among others, in point 10.5 of the GTS). Accordingly, the Customer agrees that all data entered into the Service will be archived in another geographic location.

3.10. The Service Provider may offer the Customer the opportunity to test the Service free of charge for the period specified in the Price List (Trial Period). After the Trial Period ends, access to the Account is blocked unless the Customer chooses a paid Package and pays the amount due.

3.11. The minimum technical requirements for proper cooperation with the System are: a device with internet access with a bandwidth of at least 10 Mb/s, an installed, up-to-date web browser (Chrome, Firefox), and Cookies and JavaScript enabled.

4. Payments

4.1. The Customer is obliged to pay the Subscription Fee for using the Flowgres Services on time, in an amount consistent with the Service price list available at https://flowgres.com/pricing/. Subject to point 4.3 of the GTS, the Customer is bound by the price list current at the time the Order is placed.

4.2. The amount of the Subscription Fee in the price list is expressed as a net amount, which will be increased by value added tax in accordance with the rate applicable on the date the invoice is issued.

4.3. If it becomes necessary to change the fees specified in the price list, the Service Provider will notify the Customer by providing an updated version of the price list in writing by email. The updated price list will take effect no earlier than after the current Billing Period ends. During the period from the date the Customer is notified of the price list update until it takes effect, the Customer has the right to object to the update and terminate the Agreement.

4.4. The basis for payment of the Subscription Fee is an invoice issued by the Service Provider. If a monthly Billing Period is chosen, invoices will be issued at the beginning of each month with a payment term of no less than 14 days. In the case of an annual Billing Period, the Subscription Fee must be paid before the end of the current Billing Period, based on an invoice issued by the Service Provider no later than 14 days before the end of the Billing Period.

4.5. By accepting the GTS, the Customer gives consent, constituting acceptance within the meaning of Article 106n(1) of the Act of 11 March 2004 on Tax on Goods and Services (Journal of Laws No. 54, item 535; consolidated text of 19 March 2021, Journal of Laws of 2021, item 685), for invoices to be sent, including made available, by the Service Provider electronically (PDF file).

4.6. The Customer is obliged to pay the Subscription Fee to the Service Provider's bank account specified on the invoice, within the term indicated on the invoice. Payment is deemed made on the date the funds are credited to the Service Provider's bank account.

4.7. The Customer may raise objections regarding the correctness of an issued invoice, following the complaint procedure described in point 7 of the GTS.

4.8. Delays in payment of the Subscription Fee or other amounts due to the Service Provider will result in statutory interest for late payment in commercial transactions. Within 7 days of the payment deadline indicated on the invoice, the Service Provider has the right to send the Customer a payment reminder in writing by email.

4.9. If payment of the Subscription Fee or other amounts due to the Service Provider is delayed by more than 30 days, the Service Provider may, without prior demand for payment, suspend performance of the Services (blocking access to the Services), and after a further 30 days of payment delay, fully disable the Service (terminate the Agreement with immediate effect). In such a situation, the Service Provider is not liable for non-performance of the Agreement, and the Customer is not released from the obligation to pay the Subscription Fee for the period during which access to the Service was blocked, until it is disabled by the Service Provider.

4.10. In the situation indicated in point 4.9 of the GTS, the Service Provider may make the resumption of Services conditional upon the Customer paying all outstanding Subscription Fees and a resumption fee equal to one month's Subscription Fee, which will be added to the next invoice.

5. Rights and Obligations of the Service Provider

5.1. The Service Provider is obliged to provide the Service for the duration of the Agreement and to make every effort, within its available resources and means, to ensure that the Service is available continuously and without disruption, and that the Flowgres Application remains functional.

5.2. The Service Provider reserves the right to limit or suspend the provision of Services (block the Service) for important reasons, in particular in the event of:

5.2.1. an Error, Service Break, or Failure;

5.2.2. determining that the Customer is using the Services in a manner contrary to the GTS, and in particular the occurrence of an event which, under the GTS, constitutes grounds for the Service Provider to terminate the Agreement with immediate effect;

5.2.3. failure to pay the Subscription Fee for the annual Billing Period within the period indicated in point 4.4 of the GTS;

5.2.4. a threat to or breach of the security or integrity of the Service, or the prevention of cyberattacks. The above does not release the Customer from paying the Subscription Fee. However, the Service Provider is obliged to notify the Customer as soon as possible by email or telephone of the blocking of the Service, and, in the cases referred to in points 5.2.1 and 5.2.4 of the GTS, of the expected time of its restoration.

5.3. The Service Provider reserves the right to refuse to provide Services in the event of excessive server load caused by the Customer (significantly exceeding the average load generated by other Customers).

5.4. The Service Provider is obliged to apply appropriate technical and security measures to minimize potential Errors or Failures and to ensure the durability of data entered by the Customer into the Service, among others by performing data backups with a frequency of once every 24 hours and storing them in a secure location. In the event of a Failure, the Service Provider reserves the option to restore data to the state of the last backup performed.

5.5. The Service Provider is entitled to make any modifications and updates to the Services and the Flowgres Application, of which it will notify the Customer by email each time, if the changes described above affect the existing terms of Service provision.

5.6. The Service Provider reserves the right to send the Customer, by email to the address provided in the Order, important information regarding the Service, including, among others, information about new Application Versions or functionalities, planned Service Breaks, any Failures that have occurred, or other restrictions on access to the Service, security warnings, changes to the GTS or the Subscription Fee price list, as well as commercial information regarding the Service.

6. Rights and Obligations of the Customer

6.1. The Customer has the right to use the Service in compliance with the terms of the Order and the GTS, and in a manner consistent with generally applicable law.

6.2. The Customer is entitled to use the Services solely within the scope of its own business activity conducted under the name specified in the Order. The Customer is prohibited from using the Services for commercial gain (reselling).

6.3. The Customer is obliged to inform the Service Provider of any changes to contact details, legal form, and persons authorized within its enterprise to use the Services and to communicate with the Service Provider.

6.4. During the term of the Agreement, the Customer may change the scope of Services and/or the number of Users by sending an appropriate statement in writing by email to: flowgres@flowgres.com, whereby:

6.4.1. in the event of an increase in the scope of Services and/or the number of Users, the Customer is obliged to pay the difference in the Subscription Fee for the period remaining until the end of the paid Billing Period;

6.4.2. resignation from individual Services or a reduction in the number of Users takes effect at the end of the Billing Period.

6.5. The Customer has the right to be informed about new Application Versions or its functionalities, planned Service Breaks, any Failures that have occurred, or other restrictions on access to the Service, security warnings, changes to the GTS, or the Subscription Fee price list.

6.6. The Customer is entitled to submit a complaint regarding an Error, Failure, or restriction in the availability of the Service in accordance with the provisions of point 7 of the GTS.

6.7. The Customer is obliged to provide necessary cooperation in fixing Errors or adapting the Service.

6.8. The Customer undertakes to protect access data to the Service, including the User Account, and not to disclose it or otherwise enable third parties to access the User Account. The Customer is also obliged to secure its technical equipment to the extent required in order to minimize the risk of misuse of the above-mentioned data.

6.9. If the Customer becomes aware of access to the Service by third parties, the Customer is obliged to promptly report this fact to the Service Provider by email to: flowgres@flowgres.com

6.10. The Service Provider is not liable for damages that may arise to the Customer due to a breach of point 6.8 of the GTS, including in particular damages caused by a lack of safeguards against the takeover of access data or its disclosure to unauthorized or untrustworthy persons, and in such a case the Customer bears sole responsibility for damages that may arise to the Service Provider or third parties.

6.11. In connection with using the Service, the Customer is not entitled to enter, transmit or store unlawful data and content, in particular that which:

6.11.1. may contain software viruses or other files and programs that could destroy, damage or limit the functionality of the Flowgres Application and the equipment of the Service Provider or other Customers;

6.11.2. the possession or distribution of which is unlawful;

6.11.3. unlawfully infringes the industrial property rights of a third party;

6.11.4. constitutes part of criminal activity;

6.11.5. constitutes the distribution of SPAM through the Service;

6.11.6. attempts to gain access to another Customer's User Account or the Service Provider's servers. A breach of the above is considered a material breach of the GTS and entitles the Service Provider to demand payment from the Customer of a contractual penalty of EUR 100,000.00 (one hundred thousand euros) for each instance of breach.

6.12. If, as a result of an act or omission by the Customer contrary to the GTS, the Service Provider is obliged to pay damages to third parties or claims or allegations are directed against it by authorities or third parties, the Service Provider may charge the Customer with the obligation to pay the contractual penalty referred to in point 6.10 of the GTS. Regardless of this, the Customer undertakes in such a case to reimburse the Service Provider for all expenses and costs incurred in connection with such claims and allegations and the resulting consequences, including the equivalent of damages paid, legal assistance costs, and lost profit from the sale of Services.

6.13. The Customer has no right to assign, transfer, or encumber rights or obligations arising from the Agreement without the prior written consent of the Service Provider, under penalty of invalidity.

6.14. The Customer agrees to allow the Service Provider to use its company (name) and logo for marketing purposes, consisting solely of placing the Customer's logo on the reference list on the Service Provider's website (in the "Our Clients" section). Use of the logo in printed materials, social media, or case studies requires separate consent from the Customer. The Customer has the right to withdraw this consent at any time, and the Service Provider undertakes to remove the logo within 14 days of receiving such a request.

7. Complaint Procedure

7.1. The Customer submits a complaint promptly, no later than within 7 days of the occurrence of the event that is the subject of the complaint, by email to: flowgres@flowgres.com.

7.2. The Customer Administrator is entitled to submit a complaint.

7.3. The complaint must contain a detailed description of the problem. Minor malfunctions of the Flowgres Application that do not cause loss or damage to data stored by the Customer may not be the subject of a complaint.

7.4. Complaints are handled on business days (Monday to Friday) during working hours (9:00 AM to 3:00 PM).

7.5. In the case of a justified and accepted complaint, the Service Provider will contact the Customer to agree on the timing and method of resolving the problem.

7.6. The provisions of point 10 of the GTS apply to the Service Provider's liability for damages arising from a complaint.

7.7. The Service Provider is not obliged to remedy an irregularity in the provision of the Service that was caused by reasons attributable to the Customer or as a result of the Customer's breach of the provisions of the Agreement or the GTS. Such an irregularity, if remedied by the Service Provider, will be treated as an Additional Service.

8. Intellectual Property Rights

8.1. The Customer accepts that all economic copyrights and other intellectual property rights to the Flowgres Application belong to the Service Provider. The Customer is therefore obliged to use the Service only within the scope of the license granted.

8.2. The Customer may not remove, modify, or obscure any copyright notices, trademark rights, or other property rights notices contained in or used in connection with the provision of the Service.

8.3. The Customer may not reverse engineer, decompile, or disassemble the Services.

8.4. Upon concluding the Agreement, the Customer acquires a non-exclusive, temporary (for the duration of the Agreement), non-transferable, and territorially unrestricted license to use the Flowgres Application for the purpose specified in point 6.2 of the GTS, for the specified number of Users indicated in the Order, in the following fields of use:

8.4.1. using the Flowgres Application in accordance with its functionalities, for purposes related to the Customer's business or professional activity;

8.4.2. running the Flowgres Application on devices such as computers, mobile devices, servers, cloud infrastructure, as well as making the ability to use the Flowgres Application online available;

8.4.3. enabling Users to use the Flowgres Application, creating accounts for them within the Flowgres Application in such a way that each of them has access to the software at a place and time of their choosing;

8.4.4. creating databases, reports, printouts, analyses and documents using the Flowgres Application, and using such work products in any manner determined by the Customer.

The license also covers all updates or corrections to the Service that will be performed by the Service Provider.

8.5. The Customer is not entitled to grant sublicenses or to otherwise make the Service available to third parties, whether free of charge or for payment, without the Service Provider's prior written consent.

8.6. The Customer may not redistribute, modify, or disseminate stylesheets, files with JavaScript extensions, and the content of HTML files developed by the Service Provider, code elements, etc., nor include them in any packages or extensions, nor incorporate the Service into other software, without the Service Provider's prior written consent.

8.7. Any breach of the license, in particular of the provisions specified in point 8 of the GTS, entitles the Service Provider to demand payment from the Customer of a contractual penalty of EUR 200,000.00 (two hundred thousand euros) for each instance of breach.

9. Term and Termination of the Agreement

9.1. The Agreement is concluded for a fixed term specified in the Order, equal to the paid Billing Period.

9.2. If the Customer does not notify the Service Provider, at least 14 days before the expiry of the Order's term, of its resignation from using the Services after the original term of the Order, it is assumed that the Order is extended for the next billing period, on the terms previously in effect on the last day of the period for which the Order was concluded.

9.3. In the event of termination of the Agreement by notice, Subscription Fees are charged for the period up to the end of the current billing period.

9.4. The Agreement may be terminated at any time by mutual agreement of the Parties.

9.5. The Customer has the right to terminate the Agreement with immediate effect, without notice period, in the cases specified in points 4.3 and 12.6 of the GTS. In the cases referred to in this point, Subscription Fees are charged until the day the Agreement is terminated (receipt by the Service Provider of the Customer's statement).

9.6. The Service Provider is entitled to terminate the Agreement with immediate effect, without notice period, in the following cases:

9.6.1. the Customer's breach of any of the following provisions of the GTS: points 3.5; 6.8; 6.10; 6.13; 8.2; 8.5; 8.6;

9.6.2. the Customer's breach of other obligations arising from the GTS and failure to cease the breach and remedy its effects within 14 days of receipt of the Service Provider's demand by email;

9.6.3. the commencement of liquidation or the occurrence of grounds for declaring bankruptcy of the Service Provider or the Customer.

9.7. To be effective, a notice of termination of the Agreement should be made in writing and sent at least by email.

9.8. If the Service is blocked (including in particular in the cases indicated in points 4.9 and 5.2 of the GTS) for a period exceeding 60 days, the Agreement expires automatically (without prior notice to the Customer). The Subscription Fee is charged for the time until the Agreement expires.

9.9. In the event of expiry or termination of the Agreement, the Service Provider blocks access to the Customer's Account. The Customer is obliged to independently back up the data entered. For a period of 60 days from the date the Account is blocked (Buffer Period), the Customer's data entered into the System is stored in the database to enable the Customer to resume the subscription or export it. After the 60-day Buffer Period expires, the Service Provider irrevocably deletes all of the Customer's data, except for data whose retention is required by tax or accounting law. The Service Provider undertakes to help the Customer, to the extent possible, in fulfilling its obligations as the Data Controller.

10. Liability of the Service Provider

10.1. The Service Provider's liability to the Customer under all titles arising from the Agreement or the GTS, in particular in connection with non-performance or improper performance of the Agreement, as well as under the law, is limited only to actual losses, up to twelve times the net value of the monthly Subscription Fee last paid by the Customer before the event giving rise to the Service Provider's liability.

10.2. Under no circumstances is the Service Provider liable for loss of profits that the Customer would have achieved had the damage not occurred, nor for other indirect or consequential damages.

10.3. The Service Provider is not liable for damages arising from an act or omission by the Customer contrary to the Order or the GTS, or from the Customer's non-performance or improper performance of the Agreement, including in particular damages related to the loss of the Customer's data and the costs of recovering lost data.

10.4. The Service Provider is not liable for the consequences of improper use of the Flowgres Application and improper use of the Services, including in particular in a manner contrary to the Order or the GTS.

10.5. The Service Provider is not liable for Errors, Failures, or other disruptions to the availability and functioning of the Service arising from events beyond the Service Provider's control, in particular:

10.5.1. malfunction of the Customer's technical equipment;

10.5.2. lack of or disruptions to internet connection;

10.5.3. unauthorized interference with the Service, the Flowgres Application, or the Service Provider's servers by third parties;

10.5.4. failure of the Service Provider's server;

10.5.5. events of a Force Majeure nature;

10.5.6. events that are the sole result of an act or omission by third parties;

10.5.7. DOS or DNS attacks on the technical equipment of the Service Provider or other persons;

10.5.8. incompatibility with other software or hardware configuration.

In such a case, non-performance (full or partial) or delay in the performance of obligations does not constitute a breach of the provisions of the Agreement or the GTS. The Customer is not entitled to terminate the Agreement with immediate effect or to demand a refund of fees paid.

10.6. The Service Provider is not liable for the content of data entered by the Customer in connection with using the Service. The Service Provider is not entitled to monitor, censor, or edit such data.

11. Privacy Policy and Personal Data Protection

11.1. Data entered by the Customer into the Service is the Customer's property, and the Customer is its Controller. The Service Provider notifies the Controller of personal data breaches without undue delay.

11.2. All data entered into the Service will be processed by the Service Provider in accordance with the provisions of the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, items 1000 and 1669; consolidated text of 30 August 2019, Journal of Laws of 2019, item 1781) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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 (OJ EU L 119, 4.5.2016, p. 1), hereinafter referred to as the GDPR.

11.3. The Service Provider undertakes not to use in any way the data entered by the Customer into the Service, except for data necessary for the performance of the Service.

11.4. The Service Provider ensures that persons having access to personal data are obliged to maintain confidentiality when processing personal data.

11.5. All data stored by the Service Provider will be protected from the moment it is entered into the Service and secured against external interference and unauthorized access. Furthermore, the Service Provider will perform data backups to additionally protect it from loss. The Service Provider undertakes to retain data backups from the last 14 days.

11.6. All communication within the Service is encrypted using the SSL protocol. By accepting the GTS, the Customer declares that it considers this encryption method sufficiently secure.

11.7. In order to enable the performance of the Service, the processing of personal data is necessary, and accordingly the Customer entrusts, and the Service Provider accepts, the task of processing such personal data for the purpose and scope specified in the Agreement.

11.8. In accordance with Articles 13 and 14 of the GDPR, the Service Provider, in fulfilling its information obligation, indicates the following:

11.8.1. Personal data controller. The controller of the Customer's personal data is the Service Provider, i.e. ITMORE spółka z ograniczoną odpowiedzialnością with its registered office in Pruszcz Gdański, at ul. Jana Kochanowskiego 6A/4; 83-000 Pruszcz Gdański, entered into the register of entrepreneurs of the National Court Register kept by the District Court Gdańsk – Północ in Gdańsk, 7th Commercial Division of the National Court Register under KRS number: 0000600881, NIP: 6040169091, REGON: 36369104600000. The Data Protection Officer (DPO) can be contacted at: office@flowgres.com.

11.8.2. Principles of personal data processing. Personal data is processed for the purpose and scope specified in the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204, as amended), for the purpose of performing the Agreement for the provision of the Service. The collected data may also be processed in the event of pursuing potential claims, for tax purposes, and to ensure the highest quality of the Service. The scope of entrusted data includes, among others, the following personal data of Users using the Services: first name, last name, billing address, email address, phone number, information on the use of the Service, IP address, and technical data of the Customer's devices. In order to perform the Agreement or carry out another legal transaction with the Customer, the Service Provider may process other data necessary due to the nature of the service provided or the manner of its billing. While using the Service, in addition to data entered by Users, data regarding the User's IP address, browser type, and operating system type may also be collected automatically.

11.8.3. Legal basis for processing personal data. Personal data will be processed to enable the provision of the Service pursuant to Article 6(1)(b) of the GDPR. The legal basis for data processing is the Agreement. Failure to provide personal data may prevent the conclusion and performance of the Agreement. Data will be processed until the Agreement is fulfilled (for the duration of the Service), and thereafter until claims expire and in accordance with obligations arising from applicable law. After the Service ends, the Service Provider processes personal data necessary for billing the Service and pursuing claims for payment for use of the Service, necessary for advertising purposes, market research, and the study of Customers' behavior and preferences, with the results of such research used to improve the Services, subject to Customers' consent and on the terms set out in law. Giving consent to the processing of data for marketing purposes enables the Customer to be sent information about offers, promotions, and services offered by the Service Provider. The legal basis for processing data for marketing purposes is the Customer's consent, which may be withdrawn at any time. Data will be processed until consent is withdrawn. In certain cases, the Service Provider may process the personal data of visitors to its website on the basis of the data controller's legitimate interest.

11.8.4. Recipients of personal data. The Service Provider may transfer personal data to the following categories of entities:
a) companies providing server hosting, servicing, and IT system support services;
b) banks and electronic payment processors;
c) legal and tax firms in the case of legal advice and representation of the Service Provider's interests, if such a need arises;
d) companies providing marketing services, if the Customer has given consent to the processing of data for marketing purposes.

11.8.5. Rights of data subjects. The Customer has the right to access the content of its data and the right to rectify, delete, and restrict its processing, the right to data portability, the right to object, and the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal. The Customer has the right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warsaw.

11.8.6. Transfer of personal data outside the EEA or to an international organization. The Service Provider does not transfer processed data outside the EEA or to an international organization. In order to ensure the technical operation of the Flowgres Application and the durability of data, data may be copied, duplicated, and stored on servers located in data centers operated by third parties providing data storage and security services for the Service Provider, all of which servers are located within the European Union.

11.8.7. Automated decision-making and profiling. If the Customer gives consent, the Service Provider may make automated decisions based on personal data obtained in connection with the provision of the Services, including carrying out profiling.

12. Digital Services Act (DSA)

12.1. In accordance with Regulation (EU) 2022/2065 (Digital Services Act), the Service Provider designates a point of contact for direct communication with the authorities of Member States, the Commission, the Digital Services Board, and Users at the email address: flowgres@flowgres.com. Communication is conducted in Polish and English.

12.2. The Customer and its Users are obliged not to post illegal content within the meaning of the DSA in the System (in particular content infringing copyright, personal rights, inciting hatred, or constituting fraud).

12.3. If the Service Provider obtains credible knowledge or an official order regarding the illegal nature of content, the Service Provider has the right to remove it or block access to it immediately. The Customer will be notified of this fact electronically, together with the reasoning behind the decision made.

12.4. The Customer has the right to file a free appeal against the Service Provider's decision regarding content moderation or blocking within 14 days of receiving the reasoning referred to in point 12.3. Appeals should be submitted to the address indicated in point 12.1.

13. Final Provisions

13.1. Except in cases where they are obligated otherwise under generally applicable law, the Parties undertake to keep confidential any information constituting trade secrets received from the other Party or obtained in connection with the performance of the Order.

13.2. The contractual penalties referred to in the GTS may be pursued by the Service Provider independently of one another; they are due to the Service Provider for each instance of the Customer's breach of any of its obligations specified in the GTS; they are due to the Service Provider regardless of its other rights provided for in the GTS; the Service Provider has the right to pursue, on general principles, compensation exceeding the contractual penalties reserved in the GTS. If the Service Provider exercises its right to the contractual penalties reserved in the GTS, the Customer is obliged to pay these penalties to the Service Provider upon its demand, within the period indicated in the payment demand.

13.3. If the GTS requires written form for certain actions, this requirement is deemed fulfilled if the action is carried out via a signed, named email message.

13.4. Exclusion of the application of, or amendment to, the GTS requires a separate agreement in writing, under penalty of invalidity, unless the Parties agree in advance to depart from the written form for introducing such changes.

13.5. If any provision of the GTS is or becomes invalid, ineffective, or unenforceable, this fact does not affect the validity, enforceability, or effectiveness of the remaining provisions of the GTS. In such a case, the Parties are obliged to make every effort to replace such provisions with new provisions corresponding to the originally intended purpose.

13.6. The Service Provider is entitled at any time to introduce changes to the GTS, whereby the changes will take effect on the date they are published on the website indicated in point 1.1 of the GTS. If the Customer does not agree to the changes introduced, the Customer has the right to terminate the agreement in accordance with the principles set out in point 9.6 of the GTS, within 14 days of receiving the email.

13.7. For Customers who are natural persons conducting business activity, to whom the provisions of Article 385[5] of the Civil Code apply (so-called Entrepreneurs with consumer rights), the provisions of these GTS limiting the Service Provider's liability under warranty for defects and contractual provisions of an abusive nature do not apply, to the extent that the law absolutely requires such an entity to be treated as a consumer.

13.8. Any disputes arising between the Parties or claims arising in connection with the content and/or performance of the Agreement will be resolved by the Parties through negotiation. If, within 30 days of the delivery of the letter initiating the dispute or specifying the claim, the Parties do not reach an agreement, such a dispute or claim will be settled by the common court having jurisdiction over the Service Provider's registered office.

13.9. In matters not regulated by the GTS, the generally applicable provisions of Polish law, in particular the Civil Code, shall apply.

13.10. The GTS is effective as of 1 June 2026.