Terms of Service for
DASHARO REVENUE SHARING PARTNERS

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 and the Reseller 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 and the Reseller 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://shop.3mdeb.com/privacy-policy/.

§ 2. Rights and obligations

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

2.2 The Service Provider and the Reseller 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 dasharo.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.

2.10 The Reseller has the obligation to provide the Service Provider with the Customer’s email address for the purpose of service fulfillment.

2.11 The Service Provider hereby undertakes to process the email address in accordance with the GDPR, Polish regulations adopted to enable the application of the GDPR, other applicable laws, and the Terms and Conditions of Service.

§ 3. Guarantee

3.1 The Service Provider guarantees the correct operation of the Product as long as the subscription is purchased, 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.

§ 4. Subscription

4.1 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.

4.2 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/.

4.3 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 communicated via e-mail send to the Buyer.

§ 5. Force Majeure

5.1 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).

5.2 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.

§ 6. Jurisdiction

6.1 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.

6.2 For consumers, the European Commission provides a platform for online dispute resolution (OS) at: https://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

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

§ 7. Final provisions

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

7.2 In the event of a discrepancy between these General Terms and Conditions and the provisions of the Order, the provisions of the General Terms and Conditions shall prevail.

7.3 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.

7.4 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 https://dasharo.com/pages/terms-drs. 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.

7.5 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 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.