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Camp Tempo Terms and Conditions

These Terms and Conditions set out the general terms for using the Services of the CAMP TEMPO Service.

I. Definitions

  1. Camp Tempo / Controller / Service Provider — WOJCIECH KOGUCKI SOFTWARE DEVELOPMENT, ul. Walerego Wróblewskiego 21B/64, 93-578 Łódź, Poland, REGON: 389465520, NIP: 7272851388, email: contact@camptempo.com.

  2. Terms and Conditions — these terms and conditions.

  3. Client — an entity (a natural person, a legal person or an organisational unit without legal personality upon which separate provisions confer legal capacity) that uses Camp Tempo Services. A Client may be a person who has placed an order for a Service (but has not yet entered into an Agreement), takes steps aimed at entering into an Agreement or has entered into an Agreement. As a rule, a Client may be an Entrepreneur unless the specific provisions of the Terms and Conditions provide otherwise.

  4. Entrepreneur with consumer rights — an entrepreneur who is a natural person and enters into an Agreement directly related to their business activity where the content of that Agreement indicates that it is not of a professional nature for that person, arising in particular from the subject matter of their business activity made available under the provisions governing the Central Register and Information on Economic Activity (CEIDG). The provisions of the Terms and Conditions applicable to all Clients and the specific provisions applicable to an Entrepreneur with consumer rights apply to an Entrepreneur with consumer rights.

  5. Consumer — a specific type of Client. A natural person, as defined in the Civil Code, who orders a service through the Service for a purpose not directly related to their business or professional activity. The provisions of the Terms and Conditions applicable to all Clients and the specific provisions applicable to Consumers apply to a Consumer.

  6. Service Order — the Client's effective ordering of a Service selected by the Client, the direct result of which is the conclusion of an Agreement between the Client and the Service Provider. An Order may be placed by email, through activity in the Panel or by another act that sufficiently expresses the Client's intention, in the manner provided for by the Service Provider.

  7. Service — a service provided by the Service Provider to the Client. The current range of available Services together with their current prices is available under the “Services” tab. Services may be combined.

  8. Fee — the amount due for a Service provided by the Service Provider, in accordance with the selected Price List. If the Fee relates to recurring Services, it is charged cyclically for the relevant billing period and is recurring. Fees for the provision of Services may be charged at a reduced amount or not charged at all only where the Service Provider expressly so decides (for example, by applying a promotion).

  9. Service — the website available at www.camptempo.com through which Camp Tempo presents information about the Services and the Client may register and place a Service Order.

  10. Account — a unique set of data assigned to a particular Client and protected by an individual login and password. The Account enables access to the Panel, use of currently available features and management of settings and entered data.

  11. User — a natural person using the Services as a Client or a person authorised by the Client. If the Client is not a natural person, the Client is liable for the acts or omissions of a User acting on the Client's behalf as for its own acts or omissions.

  12. Panel — functionality made available to the User after logging into the Account, through which the Client manages entered or shared data.

  13. Billing Period — a monthly billing period binding on the parties for the duration of the Agreement. The period ends on the expiry of the day whose name corresponds to the initial day of the period, and if there is no such day in the final month, on the last day of that month.

  14. Time of conclusion of the Agreement — the moment at which all of the following conditions have been met (when the last of them is met): the Client has placed a Service Order and it has been confirmed by the Service Provider, and the Client has paid for the Service in accordance with the Price List, unless a later payment for the Service expressly follows from these Terms and Conditions or other terms governing Services provided by Camp Tempo.

  15. Duration of the Agreement — the agreement between the Client and the Service Provider is entered into for an indefinite period.

  16. Price List — a list of Services provided by the Service Provider together with their prices, broken down by payment type. The Price List is available here: Pricing

  17. Personal Data — all data specified in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, hereinafter referred to as the GDPR, relating both to the Client — in relation to whose Personal Data the Service Provider is the Controller — and to the Client's customers whose data the Client entrusts for processing.

  18. Copyright — copyright within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights.

II. General provisions

  1. The Controller owns the Service and holds all rights to it, including in particular economic and moral copyright.

  2. Before using the Services governed by these Terms and Conditions, the Client should read and accept these Terms and Conditions and give any other required consents if the Service Provider requires them before commencing the provision of Services.

  3. The information contained in the Service does not constitute an offer within the meaning of the Civil Code, but an invitation for Clients to submit offers.

  4. The Services are provided around the clock, 24/7, subject to the exceptions set out in the Terms and Conditions.

  5. The Service is intended to enable the parties to enter into an Agreement and to provide the Services specified in the Terms and Conditions to Clients.

III. Rules for using the Service

  1. The detailed scope of the Services is specified under the “Services” tab.

  2. The fees for the Services provided are specified under the “Pricing” tab.

  3. Access to the Service requires the following conditions to be met:

    1. The Client obtains access to the Service after creating an Account and entering into the Agreement.

    2. The Client must comply with the electronic services terms applicable at the Service Provider.

    3. The Client must provide true data, enter it reliably and with due care, and update it whenever it changes. The Service Provider has the right to verify the data provided by the Client.

    4. Obtaining access to the Service enables the Client to begin using the Services provided by the Service Provider.

    5. The Client must comply with the Terms and Conditions.

    6. The Client must regularly pay for the Services, including recurring Services payable in advance for the relevant Billing Period, unless a different payment date follows from the nature of the Service provided.

    7. If any Service is not paid for on time, the Service Provider has the right to restrict or completely block the Client's access to the Service at the Client's cost and risk, which the Client accepts. In addition, if any Service is not paid for on time, Camp Tempo may also suspend the provision of some or all ordered Services and block their functionality at the Client's cost and risk, which the Client accepts.

    8. If the Client is at least 30 days late with any payment for the Services, Camp Tempo is entitled, without having to take any additional action, to delete the Client's Account at the Client's cost and risk, which the Client accepts.

    9. The Client is responsible for making its own backups of data.

  4. The Service is made available on the following terms:

    1. The Service Provider guarantees the availability of the Services subject to the exclusion of its liability where a Service is unavailable for reasons specified in the Terms and Conditions, the electronic services terms or generally applicable law.

    2. The Service Provider is not liable for events beyond its control that prevent the provision of Services, including in particular force majeure events, incorrect technical parameters of the Client's device, other events attributable to the Client or planned Service outages.

    3. If the Software needs to be updated, the Service Provider will make efforts to ensure that any outages are as little burdensome for the Client as possible.

  5. Promotions may be offered on the following terms:

    1. The Service Provider may unilaterally make any Services subject to a time-limited promotion and will inform Clients about it in the Panel, by email or, where applicable, in another manner that Camp Tempo considers appropriate.

    2. If the Client does not take advantage of a promotion, the Client has no claims against Camp Tempo on that account.

    3. Camp Tempo may change its decisions concerning promotions at any time, including by removing promotions entirely by unilateral decision, and the Client has no claims against Camp Tempo on that account.

  6. The Client's copyright and ownership of the Client's data are governed by the following rules:

    1. The Client retains all rights to its name, business name and other data entered into the Account.

    2. The Service Provider is not liable for the name or other data entered by the Client.

    3. If a third party brings a claim against the Service Provider in connection with the Client's infringement of that third party's rights, the Client must compensate Camp Tempo for the resulting loss and the reasonable costs incurred by Camp Tempo in defending against such claims. The Client must also, at its own cost, indemnify Camp Tempo against claims brought by a third party in connection with those infringements.

  7. Any liability of the Service Provider for improper performance of a Service is limited to no more than the amount due for that Service under the current Price List. In the case of recurring fees, the limitation covers the fee for the Billing Period in which the Service was performed improperly.

  8. The Service Provider is not liable for the Service operating incorrectly for reasons beyond the Service Provider's control, in particular where caused by:

    1. incorrect use of the Service or use contrary to the Terms and Conditions,

    2. an unauthorised modification of the Software,

    3. defective operation of the Client's hardware or other computer software,

    4. acts of third parties,

    5. force majeure, understood as the occurrence of fires, floods, terrorist attacks, wars, natural disasters, epidemiological threats, states of epidemic and other external events over which neither Camp Tempo nor the Client has any control and which they could not avoid or foresee when entering into the Agreement.

  9. By accepting the Terms and Conditions, Clients acknowledge and accept that Clients and Users are prohibited from posting unlawful content, including in particular content:

    1. infringing third-party copyright,

    2. infringing third-party personal rights,

    3. contrary to accepted standards of conduct,

    4. otherwise violating generally applicable law.

  10. The Service Provider is not liable for prohibited content included in Clients' content.

  11. Throughout the use of the Service, the User must comply with the Terms and Conditions, the electronic services terms and any other terms and policies applicable in the Service.

  12. Either party may terminate an Agreement entered into for an indefinite period by giving one month's notice effective at the end of a calendar month. Notice of termination should be sent by email in documentary form unless the Service Provider has expressly provided the Client with another appropriate method of submitting a declaration of intent to terminate the Agreement.

  13. The Service Provider is entitled to refuse to enter into an Agreement or to terminate an Agreement with immediate effect at the Client's cost and risk where:

    1. the Client provides false data,

    2. there is a justified concern that the service will be used for purposes inconsistent with its nature and intended use,

    3. there is a concern that the service will be used to perform unlawful acts,

    4. the Client has used the Service contrary to its intended purpose,

    5. the Client has grossly infringed third-party rights or generally applicable law.

IV. Personal data protection

  1. The Service Provider is the Controller of Clients' Personal Data in accordance with the GDPR. The Controller may be contacted in the manner provided for in the Terms and Conditions.

  2. The legal basis for the Controller's processing of Personal Data is:

    1. performance of a contract with the data subject or taking steps at the data subject's request before entering into a contract (Article 6(1)(b) GDPR),

    2. the pursuit of the Controller's legitimate interests (Article 6(1)(f) GDPR), which the Controller considers to include enabling contact, communication activities, identifying persons responsible for performance of the Agreement, and establishing, pursuing and protecting claims or rights related to performance of the Agreement,

    3. compliance with legal obligations to which the Controller is subject (Article 6(1)(c) GDPR).

  3. The data processing period depends on the purpose for which the data was collected, applicable law or the Controller's internal regulations. Personal Data will be processed for the period necessary to fulfil the purpose for which it was collected and, after that period, for the time necessary to secure or pursue possible claims or comply with a legal obligation of the Controller (for example, under tax or accounting regulations). After that time, the Personal Data will be deleted.

  4. The Controller may transfer Personal Data under data processing agreements, in particular to:

    1. entities responsible for supporting the Controller, in particular IT system providers such as:

      1. Vercel — responsible for hosting and making the website available,

      2. Supabase — responsible for the database and server-side form handling,

      3. Cloudflare Turnstile — responsible for protection against automated submissions,

      4. Resend — responsible for delivering notifications of new submissions,

      5. Google Workspace — responsible for the mailbox in which the Controller receives and handles notifications.

    2. postal and courier operators,

    3. law firms and auditing, debt collection and consulting firms,

    4. other entities authorised under applicable law.

  5. The data subject has the right to:

    1. access their data,

    2. rectify their data,

    3. erase their data,

    4. restrict the processing of their data,

    5. data portability,

    6. object to data processing where the legal basis for use of the data is a legitimate interest (Article 6(1)(f) GDPR).

  6. The rights specified above may be exercised by sending an appropriate request to the Controller's email address: contact@camptempo.com.

  7. The data subject has the right to lodge a complaint with the supervisory authority, the President of the Personal Data Protection Office, if they consider that the processing of their Personal Data infringes the GDPR.

  8. Providing Personal Data and its processing by the Controller is necessary for entering into and performing the Agreement.

  9. The Controller will not transfer Personal Data to a third country or international organisation, except where using entities that provide hosting services or dedicated servers. In the case of those providers, data may be transferred to the USA, in which case the transfer takes place on the basis of standard contractual clauses (Article 46(2) GDPR).

  10. The data will not be processed by automated means, including profiling.

  11. If, in connection with the provision of Services, it is necessary for the Client to entrust the Service Provider with Personal Data relating, for example, to the Client's customers (in relation to whom the Client acts as controller), the Service Provider and the Client will enter into a data processing agreement in the form appended to the Terms and Conditions. For the avoidance of doubt, the parties agree that each instruction to Camp Tempo to perform a Service that requires access to Personal Data of the Client's customers, documented in the manner specified in that instruction, constitutes an instruction to process Personal Data.

V. Payments

  1. The Services provided by the Service Provider are subject to payment. The currently applicable fees are set out in the Price List.

  2. A partial or complete waiver of payment may result only from an express decision of the Service Provider (for example, by applying a promotion).

  3. The Client is bound by the fees applicable when the Agreement is entered into.

  4. The amounts stated in the Service are net amounts expressed in Polish złoty. VAT will be added to the net amounts at the applicable rate.

  5. As a rule, the Fee is charged in advance. Some Fees may be charged in arrears, but only where this expressly follows from the nature of the Fee or another provision made by the Service Provider.

  6. The Service Provider reserves the right to change the Price List unilaterally and will notify the Client one month in advance, effective at the end of a calendar month, in the Panel or by email. Failure by the Client to terminate the Agreement in the manner specified in the Terms and Conditions constitutes acceptance of the change to the Price List. If the Client does not wish to accept the change to the Price List, the Client should terminate the Agreement in the manner provided for in the Terms and Conditions before the amended Price List takes effect.

  7. An invoice for the Services is issued when the Fees for all Services provided are paid, unless an express decision of the Service Provider provides otherwise.

  8. The Client must provide its NIP tax identification number before a VAT invoice can be issued.

  9. The Client consents to receiving invoices electronically.

  10. The Client may select one of the payment methods indicated on the list. The payment methods may differ depending on the selected Service.

  11. Camp Tempo reserves the right to make certain payment methods unavailable for certain Services.

  12. Camp Tempo accepts payment by ordinary bank transfer or other payment methods available on the list.

VI. Specific provisions for Entrepreneurs with consumer rights

  1. An Entrepreneur with consumer rights has no right to withdraw from the Agreement if the Service was completed before the withdrawal statement was received and, when placing the Order, the Entrepreneur with consumer rights gave express prior consent to performance beginning and acknowledged that they would lose the right to withdraw from the Agreement, and also received confirmation of the loss of that right from the Service Provider.

  2. Until the Service has been performed, an Entrepreneur with consumer rights who entered into an Agreement at a distance or away from business premises has the right to withdraw from the Agreement without giving a reason, to be exercised within 14 days of entering into the Agreement for the provision of a Service. The right to withdraw from the Agreement expires 14 days after the Agreement is entered into. It is sufficient for the withdrawal statement to be sent before the deadline.

  3. The right to withdraw from the Agreement is exercised by the Entrepreneur with consumer rights submitting a withdrawal statement in documentary form to the Service Provider's email address. The statement in documentary form should contain at least:

    1. the full name of the Entrepreneur with consumer rights,

    2. the date,

    3. a withdrawal statement reading: “I, (full name), hereby give notice that I withdraw from the Agreement for the provision of the Service … (name of Service), entered into on (date)”

    or equivalent wording.

  4. The Entrepreneur with consumer rights may use the template appended to the Terms and Conditions, but is not required to do so.

  5. The right to withdraw from the Agreement may also be exercised by submitting a withdrawal statement electronically using the “WITHDRAW FROM THE AGREEMENT” button and following the Service Provider's instructions.

  6. If the right to withdraw from the Agreement is exercised effectively, the Entrepreneur with consumer rights is entitled to:

    1. a refund of the fee paid by the Entrepreneur with consumer rights when entering into the Agreement to the bank account from which the fee was paid, using the same payment method used by the Entrepreneur with consumer rights, if the Entrepreneur with consumer rights did not use any part of the Services,

    2. a refund of a proportionate part of the fee paid by the Entrepreneur with consumer rights when entering into the Agreement to the bank account from which the fee was paid, using the same payment method used by the Entrepreneur with consumer rights, less a proportionate part of the fee, if the Entrepreneur with consumer rights used part of the Services. The Entrepreneur with consumer rights consents to that deduction.

    Fees are refunded without undue delay and no later than 14 days after the withdrawal statement reaches its recipient.

VII. Specific provisions for Consumers

  1. A Consumer has no right to withdraw from the Agreement if the Service was completed before the withdrawal statement was received and, when placing the Order, the Consumer gave express prior consent to performance beginning and acknowledged that they would lose the right to withdraw from the Agreement, and also received confirmation of the loss of that right from the Service Provider.

  2. Until the Service has been performed, a Consumer who entered into an Agreement at a distance or away from business premises has the right to withdraw from the Agreement without giving a reason, to be exercised within 14 days of entering into the Agreement for the provision of a Service. The right to withdraw from the Agreement expires 14 days after the Agreement is entered into. It is sufficient for the withdrawal statement to be sent before the deadline.

  3. The right to withdraw from the Agreement is exercised by the Consumer submitting a withdrawal statement in documentary form to the Service Provider's email address. The statement in documentary form should contain at least:

    1. the Consumer's full name,

    2. the date,

    3. a withdrawal statement reading: “I, (full name), hereby give notice that I withdraw from the Agreement for the provision of the Service … (name of Service), entered into on (date)”

    or equivalent wording.

  4. The Consumer may use the template appended to the Terms and Conditions, but is not required to do so.

  5. The right to withdraw from the Agreement may also be exercised by submitting a withdrawal statement electronically using the “WITHDRAW FROM THE AGREEMENT” button and following the Service Provider's instructions.

  6. If the right to withdraw from the Agreement is exercised effectively, the Consumer is entitled to:

    1. a refund of the fee paid by the Consumer when entering into the Agreement to the bank account from which the fee was paid, using the same payment method used by the Consumer, if the Consumer did not use any part of the Services,

    2. a refund of a proportionate part of the fee paid by the Consumer when entering into the Agreement to the bank account from which the fee was paid, using the same payment method used by the Consumer, less a proportionate part of the fee, if the Consumer used part of the Services. The Consumer consents to that deduction.

    Fees are refunded without undue delay and no later than 14 days after the withdrawal statement reaches its recipient.

VIII. Licence

  1. The Service Provider represents that it holds exclusive economic and moral copyright in the Service Software that it has created and makes available to Users (the Software).

  2. For the purpose of using the Service, the Service Provider grants the Client a non-exclusive, temporary, paid Licence to use the Software.

  3. The Client may not grant sublicences or transfer the rights and obligations arising from the Licence to third parties.

  4. The Client may not make the Software available to third parties free of charge.

  5. By accepting the Terms and Conditions, the Client is required to comply with the conditions set out in them.

  6. The Client acknowledges that a breach of the Licence will result in the Client infringing economic or moral copyright in the Software and incurring liability on that account.

  7. The Licence is granted for the following field of exploitation: using the Software in order for the Client to exercise its rights under the Agreement.

  8. The Licence is granted for the duration of the Agreement. It ends no later than when the Agreement is terminated.

IX. Service updates

  1. The Service Provider reserves the right for the Service to be temporarily unavailable for updates.

  2. The Client represents that it understands that updates are necessary for the Services to be provided correctly and accepts temporary interruptions in availability.

  3. The Service Provider will make efforts to ensure that interruptions are as little burdensome for Clients as possible.

X. Complaints

  1. The Client has the right to submit complaints concerning the Services provided.

  2. Complaints should be submitted electronically to the following email address: contact@camptempo.com.

  3. Complaints concerning improper performance of a Service will be considered without undue delay and no later than 14 days after submission.

  4. A complaint concerning a Service should contain:

    1. the Client's name or full name, registered office and address,

    2. the reason for the complaint (subject to the points below),

    3. the requested remedy,

    4. appropriate documents supporting the complaint.

  5. The Client must provide the most comprehensive record of the problem reasonably possible, including a detailed description of the situation and screenshots.

  6. Information about the environment is also required, including the operating system, browser version, device type and any other information requested by the Service Provider.

  7. The Service Provider will inform the Client about the action taken.

XI. Final provisions

  1. The Terms and Conditions take effect on publication.

  2. The Terms and Conditions may be amended.

  3. Amendments to these Terms and Conditions resulting from changes to generally applicable law do not require publication of the amended Terms and Conditions.

  4. The Service Provider will inform the Client about an amendment to the Terms and Conditions in the Service one month in advance, effective at the end of a calendar month.

  5. Use of a Service after an amendment to the Terms and Conditions constitutes the Client's acceptance of that amendment.

  6. The court with territorial jurisdiction over the registered office of Camp Tempo has jurisdiction to resolve disputes related to these Terms and Conditions.

  7. The appendices to the Terms and Conditions form an integral part of them.

  8. Matters not governed by these Terms and Conditions are subject to the relevant provisions of generally applicable Polish law.

Appendices

  1. Appendix — Data Processing Agreement: open the DPA

  2. Appendix — Withdrawal form for Entrepreneurs with consumer rights or Consumers: download the DOCX file (EN)