Terms of
SERVICE

Definitions

• Service Provider/Seller - 3mdeb Spółka z ograniczoną odpowiedzialnością, having its registered office in Gdańsk at ul. Piastowska 7 loc. 20a, entered into the Register of Entrepreneurs of the National Court Register under number 0000946112, by the District Court for Gdańsk – Północ, 7th Commercial Division of the National Court Register, NIP 5842812770, REGON 52096779700000.
• Service Recipient/Buyer/Customer/ - Client a natural person, a legal person, or another organizational unit that has placed an order for a service offered by the Service Provider.
• GTC - General Terms of Service, this document.
• Conditions - a set of information about one of the Services (a specific Service) provided by the Service Provider, that is, in particular: basic functionalities of the Service, technical requirements necessary to launch the Service, cost of the Service, activation of the Service, minimum purchase, minimum service time, etc.
• Billing Period - the period for which the settlements of the Service Recipient’s liabilities towards the Service Provider for the Services provided are made.
• Standard Software - Software as an Open Source software, supplied with part of the Documentation (Standard Software Documentation with Open Source License).
• Software Developer - an economic entity creating a given piece of software and/or hardware on the basis of which the Services are provided by the Service Provider.
• Product - a physical object purchased by the Customer and offered by the Service Provider as part of its business activity.
• Reseller - a business entity that signed Dasharo Revenue Sharing Partnership Agreement with Service Provider and sold Dasharo Entry Subscription in accordance with following terms and conditions.
• Service - any action of the Supplier on behalf of the Customer, performed under or in connection with the performance of this Agreement.
• Hardware - Hardware and IT infrastructure, including in particular tools, system software, databases, links, and all devices.
• Parties - the Service Provider and the Service Recipient understood jointly.
• Subscription - individual, paid access of the User to the selected service for the selected Subscription Period.
• Auto-renewable Subscription - a type of Subscription that assumes automatic renewal of the Subscription Period for new Subscription Periods.
• Subscription Period - the specified period for which the User can use the selected service as part of the Subscription.

§ 1. General Provisions

1.1 The subject of this GTC is to determine the type and general terms and conditions for the provision of Services by the Service Provider to the Service Recipient.

1.2 The Service Provider shall provide the Services on terms and conditions described herein, unless the Parties have agreed on individual conditions for the provision of the Service in a separate document.

1.3 The Service Provider hereby reserves the right to modify the manner of performance of the Services by the scope and conditions resulting from its powers and knowledge.

1.4 Placing an order by the Service Recipient is tantamount to reading and accepting all the provisions of the GTC.

1.5 The Customer confirms that, regardless of the content of the GTC, before placing an order for the Service, he has become familiar with the essential properties of the subject of the order, the price and fees, the rules for payment of the price and fees, costs and the date and method of performance of the Service, the period after which he can resign from the Service, as well as the way of submitting complaints.

1.6 The Customer's personal data will be processed by the Service Provider on the terms specified in the document available at https://3mdeb.com/privacy-policy/.

§ 2. Rights and obligations

2.1 The Service Provider undertakes to provide the Services with the utmost care resulting from the specificity of its business.

2.2 The Service Provider shall not be liable for the content provided by the Customer and/or published by the Client and for the use by unauthorized persons of authorization data supplied to the Customer to access the Services provided hereunder. The Customer is solely responsible for the content and data provided and/or published by the Customer.

2.3 The Customer undertakes to secure and protect confidential data, particularly authorization data, access to a given Service.

2.4 The Customer undertakes not to use the Services to carry out illegal activities, particularly, not to publish or otherwise process data from an illegal source or works that violate copyright or good manners.

2.5 The Customer undertakes not to violate the Service Provider's system resources to which the Customer is not entitled.

2.6 Communication between the Customer and the Service Provider shall take place by e-mail, available on the Service Provider's website at shopping@3mdeb.com.

2.7 By purchasing a product or service, the Customer hereby acknowledges that he has become acquainted with the properties of the purchased product or service, including the results of tests available to the public and presented by the Service Provider.

2.8 By purchasing a Product or Service, the Customer hereby agrees to subscribe to the newsletter sent by the Service Provider containing information about updates to the Products and Services.

2.9 When using the Services, the User warrants that:

a) they do not perform any prohibited activities that are provided for in the Act of 1 March 2018 on counteracting money laundering and terrorist financing (i.e. Journal Of Laws of 2022, item 593, as amended), and in particular guarantees that the money transferred as part of the Fees will not come from money laundering;

b) they will not use the Services to obtain assistance for the purpose of committing an act prohibited by law;

c) they will not use the Services for the unlawful depletion of any public receivables, e.g. for the purpose of committing a criminal tax offense.

§ 3. The Purchase of Products and Services

3.1 All prices quoted by the Service Provider are gross prices expressed in euro (including VAT). The prices do not include shipping costs.

3.2 The Buyer can change the currency to the Polish zloty (PLN) or US dollar (USD).

3.3 Orders are accepted via the website or by e-mail.

3.4 Orders placed via the website (or by e-mail) can be placed 24 hours a day, 7 days a week throughout the year.

3.5 The Order is effective if the Buyer correctly fills in the order form and precisely provides contact details, including the exact delivery address and telephone number, and e-mail address. In the event of providing fictitious data or making a purchase anonymously, the Buyer acknowledges and accepts the fact that he will not be entitled to rights related to the warranty, guarantee, and update of the subscription.

3.6 If the data provided is incomplete, the Seller will contact the Buyer. If contacting the Buyer is impossible, the Seller shall have the right to cancel the Order.

3.7 The Buyer agrees to issue and send electronically, to the e-mail address indicated by him, an electronic image of settlement documents, in particular, such as: VAT invoices with attachments, VAT invoices with attachments, and forms.

3.8 The Buyer hereby agrees to the processing of his personal data in connection with the implementation of the Order. The Buyer may use the registration option (remembering his data by the system) to facilitate the process of placing another Order. To that end, the Buyer should provide the login and password necessary to access his account. Customer login is the email address or login name provided by the Customer. The password is a string of characters set by the Customer. The Customer's password is unknown to the Seller, and the Customer must keep it secret and protect it from unauthorized access by third parties. Registration is not necessary for the execution of the Order. The data of an unregistered customer are processed only for the purpose of processing a single Order.

3.9 In case of registration, the Buyer agrees to place personal data in the database of the Seller's Online Store for processing in connection with the implementation of Orders. The Buyer shall have the right to inspect his data, correct them and request their removal.

3.10 After the Customer places an effective order, he will receive an automatic response from the store confirming the acceptance of the order.

3.11 The time of commencement of the order implementation coincides with the moment of receipt of the payment into the bank account specified in the order confirmation (in the case of payment by bank transfer) or the moment of placing the order with the completed payment in the electronic payment system.

§ 4. Implementation of services

4.1 The ordered Service will be carried out by the current technical and operational capabilities of the Customer and by the description of the Services.

4.2 The Service Provider is not responsible for achieving specific results or a particular purpose as a result of the Services. In addition, the Service Provider is not responsible for the results unless it undertakes to achieve them in a separate document.

4.3 The Services shall be provided based on the data and other information provided by the Customer at a specific time, in accordance with the actual facts.

4.4 The Service Provider has the right to perform the Services on a subcontracting basis (through subcontractors, and suppliers related to the Service Provider).

4.5 Any deadlines for implementing of the Services are binding only if their binding nature has been expressly agreed with the Customer or expressly confirmed by the Service Provider. In any case, the deadlines depend on the joint clarification of all issues related to the Service and the fulfillment of the requirement of efficient cooperation and technical support on the part of the Customer.

4.6 In the event of any unforeseeable or unavoidable circumstances during the performance of the Service, as well as in the event of any difficulties such as force majeure and other disruptions to the activities of the Service Provider or the Service Provider's suppliers or subcontractors, as well as in the event of any delay in delivery, the Service Provider has the right to extend the term of the Service by the duration of such difficulties. The Customer will be informed about the time of occurrence and termination of such circumstances in the shortest possible time.

4.7 The Customer has the right to claim compensation for delay if the Service Provider is responsible for it and as a result of the Service Provider's fault and as a result, the Customer incurred a loss. The Service Provider shall be at fault when the Service is not performed at levels expressly specified and confirmed by the Service Provider or if any Products are not delivered to the Customer within the time agreed with the Customer due to circumstances for which the Service Provider is responsible.

4.8 The Service provision of the within the agreed period is subject to timely receipt of all documents, data, and other information from the Customer, good cooperation to the necessary extent, and compliance with the agreed payment terms and other obligations. If the above conditions are not met on time, the time and manner of the Service implementation will be modified accordingly. In such circumstances, it is assumed that the delay in the Service provision of the or the failure to perform the Service results from circumstances for which the Service Provider is not responsible and is not at fault.

4.9 Any rights arising from the untimely performance of the Service (i.e. in the event of delay or non-performance) may be enforced by the Customer only after prior notification of the delay setting a deadline for its removal and ineffective expiry of this deadline.

§ 5. Costs and date of shipment

5.1 The product is sent to the address indicated in the order form or provided by phone or e-mail. The Service Provider shall immediately inform the Customer about an incorrectly completed order form that prevents or may delay shipment.

5.2 The goods are delivered using specialized courier companies. All parcels sent have a unique number, thanks to which it is possible to track the parcel online. The Customer will receive the shipment number and the address on the tracking page, along with the confirmation of the shipped order.

5.3 Orders are shipped within 8 working days at the latest.

5.4 The Buyer is charged with the delivery (shipping) costs, which are given in the order summary. The shipping cost is calculated automatically by the store for the products ordered. The amount of fees depends on the type of transport, method of payment, weight, and dimensions of the ordered items. The Customer shall bear all shipping costs.

5.5 The Customer who makes a payment using payment services accepts the terms and conditions of this service.

5.6 After making arrangements with the Service Provider, the Customer has the opportunity to send their own equipment to the Service Provider's address, on which they would like to install the purchased product or Service. The Service Provider will determine individually the cost of such a service and the time of its implementation. The Customer acknowledges and accepts that he will deliver the equipment at his own expense and cover the costs of returning the equipment after installation by the Service Provider. The Customer will receive from the Service Provider a detailed instruction for handing over the equipment and the method of its shipment and undertakes to comply with it. At the same time, the Customer acknowledges and accepts that failure to comply with the Service Provider's instructions may prevent or hinder and prolong the implementation of the Service.

§ 6. Guarantee

6.1 The Service Provider guarantees the correct operation of the Product for two years under the following conditions:

a) The equipment used only the certified version of Dasharo products;

b) No traces of Customer interference in the platform or any element of the Dasharo software.

6.2 The Customer is obliged to deliver at his own expense the purchased Product for analysis and possible repair, along with a detailed description of the problem.

6.3 Once all the above conditions have been met, the Service Provider will endeavor to restore the original configuration and re-flash to Dasharo as part of the warranty. The Service Provider shall return the platform to the Customer at its own expense, provided that the Customer has not violated the provisions of clauses 5.1 and 5.2.

6.4 In the event of non-compliance with the above conditions or culpable action of the Customer, the warranty repair is not entitled, and the warranty for the given element does not apply.

§ 7. Subscription

7.1 The Service Provider provides a personalized digital Subscription service under which:

a) Service Recipient accesses the latest version of Dasharo and an exclusive newsletter containing curated content and invaluable insights relevant to their interests and requirements:

• - comprehensive and meaningful release notes,

• - in-depth feature documentation,

• - initial deployment and update procedures,

• - Software Bill of Materials (SBOM) details,

• - Compliant Supply Chain Information,

• - full access to Test Results Spreadsheet and test logs;

b) Service Recipient receives special updates, including early access to updates enhancing privacy, security, performance, and compatibility. These updates are released more frequently than community releases, with transparency of reproducible binaries, signature chains, and an open-source code supply chain;

c) Service Recipient is granted access to the Dasharo Primer Support invite-only Matrix channel, facilitating direct engagement with the Dasharo Team and fellow subscribers with personalized and priority assistance;

d) Service Recipient has the opportunity to influence the direction and development of new features, ensuring that the Dasharo firmware evolves to meet their specific needs and industry demands;

e) Access to the Service is obtained by obtaining an access key and password.

7.2 To use the Service, you must use a device that complies with the technical requirements of Dasharo. The features available in the Service may vary depending on the devices and platforms used. The list of technical requirements related to the use of the Service can be found on the website at the following link: https://docs.dasharo.com/.

7.3 The Service Provider reserves the right to change – at any time – the technical requirements for using the Service and to change, add or remove business partners and payment methods. Modifications and changes of this type will be published on the Service Provider's website.

7.4 To purchase an Auto-Renewable Subscription, the Service Recipient is obliged to:

a) complete the Subscription Order Form;

b) choose payment by payment card;

c) connect the payment card in accordance with the instructions provided;

d) check the correctness and completeness of the data;

e) confirm the form with the appropriate button.

§ 8. Logistics

8.1 The Customer is hereby obliged to carry out shipments related to the performance of the Agreement by the Service Provider's recommendations. The Service Provider is entitled to send the Customer instructions regarding shipments to the e-mail address indicated in the order.

8.2 The Customer must attach to each shipment a protocol containing a list of Equipment sent to the Service Provider.

8.3 In the event of the Customer's failure to connect the required Equipment or the Customer's failure to comply with the correct protocol, the Service Provider may charge the Customer with any additional costs incurred in this respect, in particular the costs of purchasing the Equipment, its transport and logistics services.

8.4 The Service Provider is hereby released from any liability towards the Customer in the event of delayed performance of the Agreement due to the Customer's failure to connect the required Equipment or the Customer's failure to comply with the correct protocol.

§ 9. Force Majeure

9.1 The Service Provider shall not be liable if any force majeure causes difficulties in the performance of the Service. Force majeure includes all events not foreseen by the Service Provider or the Customer, beyond the control of the Service Provider and occurring after the conclusion of the contract, including, but not limited to, operational disruptions of any kind, fire, natural disasters, epidemic and pandemic states, weather phenomena, flooding, war and other military conflicts, uprisings, acts of terror, transport delays, strikes, reasonable lockouts, labor shortages, energy or raw material shortages, delays caused by the requirement to obtain official permits, measures taken by the authorities/head of any state, embargoes, restrictions or sanctions regarding export control, unexpected increase in the risk of sanctions (e.g. sanctions against third countries).

9.2 If the Service Provider cannot perform the Contractual Service as a result of force majeure, this shall not be considered a breach of contract, and all contractual deadlines shall be extended by an appropriate reasonable period. The above also applies when any third-party service is delayed in relation to the Service Provider due to force majeure.

§ 10. Jurisdiction

10.1 If the Customer is an entrepreneur, the sole place of jurisdiction for all disputes arising out of this agreement is the Seller's registered office. If the Customer has its registered office outside Poland, the exclusive place of jurisdiction for all disputes arising from this agreement is the Seller's registered office if the agreement or claims arising from the agreement can be assigned to the professional or commercial activity of the Customer. In the above cases, however, the Seller has the right in each case to choose the court in the place of business of the Customer as the competent place.

10.2 For consumers, the European Commission provides a platform for online dispute resolution (OS) at: http://ec.europa.eu/consumers/odr/. The Service Provider expresses its readiness to resolve the dispute with the consumer in this mode. Applications should be addressed to the representative office in Poland: Plac Powstańców Warszawy 1, 00-950 Warsaw, kontakt.adr@uokik.gov.pl

10.3 The governing law for all Services and Products is the Polish law.

§ 11. Final provisions

11.1 To the extent not regulated by these terms and conditions, the following shall apply: order confirmation, separate agreements concluded between the Parties, and provisions of generally applicable laws.

11.2 In the event of a discrepancy between these General Terms and Conditions and the provisions of the Order, the provisions of the Order shall prevail unless otherwise expressly stated in these General Terms and Conditions.

11.3 In the event of the ineffectiveness or invalidity of any provision of these General Terms and Conditions, the remaining provisions shall remain in force. In such a case, the ineffective or invalid provision is replaced by an adequate and valid provision, which in legal and economic terms is closest to what the parties intended to agree and/or agreed.

11.4 The Service Provider reserves the right to change the General Terms and Conditions at any time. In the event of a decision to change the Terms, the Service Provider will place a unified version of them on the website https://dasharo.com/pages/terms The Service Provider shall provide the Customer with the modified document by e-mail to the e-mail address he provided at the first login. When logging in, the Consumer will be notified about the change of the Regulations and the possibility of its acceptance, while the Consumer's acceptance of the changes is considered to be the use of the Account and above all the placing of the Order.

11.5 Refusal to accept the change of the General Terms and Conditions is tantamount to termination of the contract. The Consumer who does not accept the changes to the General Terms and Conditions may terminate the contract by submitting a statement by e-mail to the e-mail address e-mail address be in writing to the address of the Service Provider. The Agreement shall be terminated with immediate effect, however, not earlier than until the final settlement (including payment to the Service Provider in connection with the Orders placed). The Consumer acknowledges and accepts that changes to the terms and conditions may occur after each product update by the Service Provider.