REGULATIONS ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS

§1. GENERAL PROVISIONS

1. These Regulations specify the rules for using the Rezulo system available at the internet address rezulo.com and through other domains, subdomains, mobile applications, desktop applications, API interfaces and related services provided by the Service Provider.

2. The Service Provider is:

VHN Spółka z ograniczoną odpowiedzialnością ul. Gliwicka 35 42-600 Tarnowskie Góry Poland

NIP: 6452561131

E-mail: info@rezulo.com

3. Rezulo is a Software as a Service (SaaS) service that enables business operators conducting economic activity to manage reservations, clients, employees, work schedules, payments, communication with clients and other processes related to conducting business operations.

4. These Regulations constitute regulations on the provision of services by electronic means within the meaning of applicable legal provisions.

5. Use of the Service means acceptance of these Regulations.

6. These Regulations specify the rights and obligations of Users and the Service Provider related to the use of Rezulo.

7. Rezulo is intended primarily for business operators conducting economic activity.

8. In matters not covered by these Regulations, the provisions of Polish law and relevant provisions of European Union law shall apply.

§2. DEFINITIONS

For the purposes of these Regulations, the following concepts mean:

1. Rezulo – an information system provided by the Service Provider in the SaaS model.

2. Service Provider – VHN Sp. z o.o.

3. User – a natural person conducting economic activity, a legal entity or organizational unit using Rezulo.

4. Account – an individual access of a User to Rezulo.

5. Employee Account – an account created by a User for a person authorized to use Rezulo.

6. Salon Client – a person whose data has been entered into Rezulo by the User.

7. User Data – all data, information, content, documents and materials entered by the User.

8. Client Data – data concerning Salon Clients.

9. Trial Period – a free trial period provided by the Service Provider.

10. Subscription Plan – a paid package of services offered by the Service Provider.

11. Subscription – a cyclically renewed service provided by the Service Provider.

12. Stripe – a payment services provider.

13. Twilio – a communications services provider.

14. Integrations – services, applications, APIs and solutions of third parties cooperating with Rezulo.

15. API – a programming interface enabling data exchange between Rezulo and other systems.

16. Special Category Data – data specified in art. 9 GDPR.

17. Data Controller – an entity determining the purposes and means of processing personal data.

18. Processor – an entity processing personal data on behalf of the Controller.

19. Sub-processor – an entity whose services are used by the Service Provider in the performance of the Service and which may have access to data entrusted by the User.

20. DPA – a Data Processing Agreement constituting an integral part of the Rezulo documentation.

21. Business Day – a day from Monday to Friday excluding days which are statutory non-working days in Poland.

22. Force Majeure – an event beyond the reasonable control of the parties.

§3. CONDITIONS FOR USING THE SERVICE

1. Using Rezulo requires:

a) access to the Internet,

b) a current web browser or compatible device,

c) an active email address.

2. An Account may be created only by a person with full legal capacity or a person acting on behalf of an entity authorized to enter into a contract.

3. The User is obliged to provide data consistent with the factual state of affairs.

4. The User is responsible for maintaining the confidentiality of login data.

5. The User undertakes to use the Service in accordance with applicable law.

6. The following are prohibited:

a) providing content contrary to law,

b) attempting to gain unauthorized access to the System,

c) disrupting the operation of the Service,

d) sending spam,

e) using Rezulo for activities that violate the rights of third parties.

7. The User is responsible for the actions of persons using Accounts created within their organization.

§4. ACCOUNT REGISTRATION AND TRIAL PERIOD

1. An Account is created by properly completing the registration form.

2. The Service Provider may require confirmation of the email address.

3. Upon creating an Account, the User may receive access to the Trial Period.

4. The length of the Trial Period is determined by the Service Provider on the Rezulo website.

5. The Service Provider may limit the functionality available in the Trial Period.

6. After the Trial Period ends, further use of the Service may require activation of a paid Subscription.

7. The Service Provider may refuse to create an Account or remove an Account created in breach of these Regulations.

§5. USER ACCOUNT

1. A User may create Employee Accounts.

2. The User independently manages the permissions granted to employees.

3. The User is responsible for all activities performed using their Account.

4. The User may export data to the extent made available by Rezulo.

5. The User may delete their Account at any time.

6. After Account deletion, data may be stored for a period of up to 90 days to the extent necessary for backup copies, claim investigation or performance of legal obligations.

7. After the retention periods expire, data is deleted or anonymized.

8. Before deleting the Account, the User should download the data that they intend to keep.

§5a. ASSIGNMENT OF RIGHTS

1. The User may not transfer rights or obligations arising from these Regulations without the prior consent of the Service Provider.

2. The User may not resell or provide their Account to third parties beyond the functionalities provided by Rezulo.

3. The Service Provider may transfer rights and obligations arising from these Regulations to a successor, affiliated entity or an entity acquiring the business or part thereof.

§6. SUBSCRIPTION PLANS AND SUBSCRIPTION

1. Use of Rezulo after the Trial Period ends may require the purchase of a Subscription Plan.

2. The current price list is published on the Rezulo website.

3. Fees are collected through payment operators indicated by the Service Provider.

4. The Subscription renews automatically until it is cancelled.

5. The User may change the Subscription Plan during the Subscription period.

6. A change of Plan may cause a change in the fee amount.

7. In the event of a failed attempt to collect a fee, the Service Provider may retry charging the payment method.

8. In case of payment arrears, the Service Provider may restrict access to part or all of the functionality of the Service.

9. Non-payment does not relieve the User of the obligation to settle liabilities incurred before suspension or deletion of the Account.

10. The User is obliged to maintain a current payment method assigned to the Account.

11. All prices are presented in accordance with applicable tax regulations.

§7. INVOICING

1. The seller of Services provided under Rezulo is VHN Sp. z o.o.

2. Invoices are issued for the data provided by the User.

3. The User is obliged to provide correct and current billing data.

4. Invoices may be issued and delivered in electronic form.

5. The User consents to receiving electronic invoices, unless applicable law requires a separate consent.

6. The Service Provider is not responsible for the consequences of incorrect billing data provided by the User.

§8. TERMINATION OF SERVICE AND SUBSCRIPTION CANCELLATION

1. The User may cancel the Subscription at any time.

2. Cancellation of the Subscription prevents its automatic renewal.

3. Cancellation of the Subscription does not result in a refund of fees for the commenced Billing Period, unless applicable law provides otherwise.

4. After the end of the paid Billing Period, access to features requiring an active Subscription may be restricted.

5. Before ceasing to use the Service, the User may export the data provided by Rezulo.

§9. PERSONAL DATA AND ROLES OF PARTIES

1. In connection with the use of Rezulo, personal data of Users, User employees, Salon Clients and other persons whose data has been entered into the System may be processed.

2. With respect to data related to:

a) Account creation,

b) payment processing,

c) invoice issuance,

d) communication with the Service Provider,

e) handling requests,

f) System security,

the Data Controller is VHN Sp. z o.o.

3. With respect to Salon Client data and data entered into the System by the User:

a) the User remains the Data Controller,

b) VHN Sp. z o.o. acts as the Processor.

4. The detailed principles for processing data entrusted are specified in the DPA constituting an integral part of the Rezulo documentation.

5. Acceptance of these Regulations simultaneously means entering into the DPA.

6. The User declares that they have the appropriate legal basis for processing data entered into Rezulo.

7. The User is responsible for the compliance of data processing with applicable legal provisions.

§10. SPECIAL CATEGORY DATA

1. Rezulo may enable storage of special category data, in particular data concerning health.

2. In case of processing such data, the User is obliged to ensure an appropriate legal basis arising from applicable regulations.

3. The Service Provider does not analyze or verify the legality of legal bases used by the User.

4. Responsibility for the legality of special category data processing rests with the User.

5. Special category data is not used by the Service Provider for its own marketing or commercial purposes.

§11. DATA SECURITY

1. The Service Provider applies appropriate technical and organizational measures to protect data.

2. Applied security measures may include in particular:

a) encryption of data transmission,

b) access control,

c) system of permissions,

d) security monitoring,

e) regular backups.

3. Data is stored on infrastructure located within the European Economic Area or in accordance with mechanisms legalizing data transfer required by GDPR.

4. Despite applied security measures, the Service Provider does not guarantee complete elimination of risks associated with Internet use.

§12. INTEGRATIONS AND THIRD-PARTY SERVICES

1. Rezulo may use services of third parties necessary to provide the Service.

2. Such entities may include in particular:

a) Stripe,

b) Twilio,

c) Google,

d) Meta,

e) OVHcloud,

f) other providers of infrastructure, communications, analytics or payment services.

3. Use of certain functionalities may result in data transfer to indicated entities only to the extent necessary to perform that functionality.

4. The current list of Sub-processors may be published by the Service Provider on the Rezulo website.

5. The Service Provider may add new Sub-processors to the extent necessary to provide the Service.

6. Users may be informed of significant changes concerning Sub-processors through the website, the System or electronic mail.

§13. COMMUNICATION WITH CLIENTS

1. Rezulo enables sending messages to Salon Clients.

2. Communication may include in particular:

a) appointment reminders,

b) reservation confirmations,

c) organizational information,

d) messages related to service provision.

3. The User is responsible for the legality of sent communication.

4. The User undertakes not to use Rezulo for sending unsolicited marketing communication.

5. The Service Provider may restrict the ability to send messages in case of suspected violation of law or these Regulations.

§14. RIGHTS OF DATA SUBJECTS

1. Persons whose data are processed by the Service Provider as the Data Controller have rights arising from GDPR.

2. These include in particular:

a) right of access to data,

b) right to rectification of data,

c) right to erasure of data,

d) right to restrict processing,

e) right to data portability,

f) right to object,

g) right to lodge a complaint with the appropriate supervisory authority.

3. Requests concerning data processed by the Service Provider may be directed to privacy@rezulo.com.

4. In case of Salon Client data, the data subject should contact directly with the Data Controller, who is the salon using Rezulo.

§15. USER RESPONSIBILITY

1. The User bears full responsibility for data and content entered into Rezulo.

2. The User is responsible for:

a) legality of data processing,

b) obtaining required consents,

c) compliance of communication with applicable regulations,

d) actions of their employees and collaborators.

3. The User is responsible for legal relations between them and Salon Clients.

4. The Service Provider is not a party to contracts concluded between the User and Salon Clients.

§16. SERVICE PROVIDER RESPONSIBILITY

1. The Service Provider exercises due diligence to ensure proper operation of Rezulo.

2. Rezulo is provided in the SaaS model and its operation may depend on IT infrastructure and services of third parties.

3. The Service Provider is not responsible for:

a) failures of the User's equipment,

b) Internet network failures,

c) actions of telecommunications operators,

d) unavailability of third-party services,

e) unauthorized use of login data by third parties,

f) data loss resulting from User actions.

4. The Service Provider does not guarantee that the User will achieve specific business, financial or marketing results.

5. The Service Provider is not responsible for lost profits, lost clients or lost revenues resulting from the User's economic activity.

§17. LIMITATION OF LIABILITY

1. To the maximum extent permitted by applicable law, the total liability of the Service Provider to the User arising from the use of Rezulo is limited to the total amount of subscription fees actually paid by the User for the period of 12 months preceding the event on which the claim is based.

2. The limitation of liability includes claims arising from contract, tort and other legal bases.

3. The Service Provider is not responsible for:

a) lost profits,

b) loss of clients,

c) loss of revenue,

d) loss of reputation,

e) indirect damages,

f) consequential damages,

g) data loss resulting from User actions.

4. No provision of these Regulations excludes the liability of the Service Provider to the extent that such exclusion would be inadmissible under mandatory legal provisions.

§18. FORCE MAJEURE

1. The Service Provider is not responsible for failure or improper performance of obligations arising from these Regulations caused by Force Majeure.

2. Force Majeure includes in particular:

a) wars,

b) terrorist acts,

c) riots,

d) natural disasters,

e) fires,

f) floods,

g) epidemics,

h) large-scale power failures,

i) IT infrastructure failures beyond the control of the Service Provider,

j) actions of public administration bodies.

3. In case of Force Majeure, performance of the Service Provider's obligations may be suspended for the duration of the obstacle.

§19. CLAIMS OF THIRD PARTIES

1. The User undertakes to release the Service Provider from liability to third parties arising from the User's actions or omissions.

2. In the event that claims are directed against the Service Provider related to the User's activities, the User undertakes to cooperate with the Service Provider to clarify the matter.

3. The User is responsible for damages, costs, expenses and administrative penalties arising from the User's violation of law or these Regulations.

§20. SUSPENSION OR DELETION OF ACCOUNT

1. The Service Provider may restrict access to the Service or suspend the User's Account in case of:

a) breach of these Regulations,

b) suspected unlawful activities,

c) threat to System security,

d) payment arrears,

e) using the Service in a way that may disrupt its operation.

2. In case of gross breach of these Regulations, the Service Provider may delete the Account with immediate effect.

3. Deletion of the Account does not relieve the User of the obligation to settle liabilities incurred before the date of deletion.

§21. SERVICE AVAILABILITY (SLA)

1. The Service Provider makes reasonable efforts to ensure continuous operation of Rezulo.

2. The target availability level of the Service is 99.0% on a calendar month basis.

3. Downtime does not include:

a) planned maintenance work,

b) System updates,

c) third-party service failures,

d) telecommunications operator failures,

e) events constituting Force Majeure.

4. The availability indicator is for information purposes only and does not constitute a guarantee of Service availability.

5. Information on significant technical work may be published in the System or communicated electronically.

§22. TECHNICAL WORK AND UPDATES

1. The Service Provider has the right to conduct planned technical work necessary to maintain, develop or secure the Service.

2. During technical work, access to some functionality may be restricted.

3. The Service Provider will strive to perform planned work in a way that causes the least inconvenience to Users.

4. Implementation of new features, interface changes, integrations or modifications of System operation does not require User consent.

5. The Service Provider may develop, modify or remove selected Rezulo functionalities.

§23. BACKUPS AND DATA RECOVERY

1. The Service Provider performs regular backups of data stored in the System.

2. Backups are performed to ensure data security and continuity of Service operation.

3. The Service Provider does not guarantee the ability to restore data deleted by the User.

4. Data recovery from backups may be technically limited.

5. The User should independently export data if they require additional protection thereof.

§24. FAILURES AND INCIDENTS

1. A failure means an unplanned event causing significant restriction or inability to use Rezulo.

2. The Service Provider takes action to remedy the failure as quickly as possible.

3. Response time and failure resolution depends on the nature of the problem and available information.

4. The Service Provider does not guarantee failure resolution within a specified timeframe.

5. Failure reports may be directed to info@rezulo.com or another support address indicated by the Service Provider.

§25. TECHNICAL SUPPORT

1. The Service Provider provides technical support related to the operation of Rezulo.

2. Technical support includes:

a) reporting errors,

b) reporting technical problems,

c) assistance with System functionality.

3. Technical support does not include:

a) programming services performed on individual order,

b) configuration of User's equipment,

c) training beyond standard documentation.

4. The Service Provider does not guarantee a specific response time, unless a separate agreement provides otherwise.

§26. INTELLECTUAL PROPERTY RIGHTS AND LICENSE

1. Rezulo, its source code, object code, architecture, user interface, databases, documentation, graphics, trademarks and other System elements are protected by law.

2. Use of Rezulo does not result in the transfer to the User of any intellectual property rights.

3. During the period of an active Subscription, the User receives a non-exclusive, non-transferable and revocable license to use Rezulo in accordance with its intended purpose.

4. The following are prohibited:

a) copying the System,

b) decompiling or reverse engineering the source code,

c) reselling Rezulo as a separate service,

d) removing legal markings,

e) creating competing products by copying Rezulo solutions.

§27. USER DATA AND CONTENT

1. Data and content entered into Rezulo remain the property of the User or entities to which rights thereto belong.

2. The User grants the Service Provider the right to process such data only to the extent necessary to provide the Service.

3. The Service Provider does not acquire ownership rights to the User's data.

4. Salon Client data is not used by the Service Provider for its own marketing purposes.

§28. COMPLAINTS

1. The User has the right to submit complaints concerning the operation of the Service.

2. Complaints should be directed to info@rezulo.com or another address indicated by the Service Provider.

3. A complaint should include:

a) data identifying the User,

b) description of the problem,

c) date of the problem occurrence,

d) information enabling identification of the reported event.

4. Complaints are considered without undue delay, no later than within 30 days from receipt of a complete report.

5. A response to the complaint is provided electronically.

§29. AMENDMENTS TO THE REGULATIONS

1. The Service Provider may amend these Regulations in case of:

a) changes in law,

b) technological changes,

c) development of Rezulo,

d) organizational or business changes,

e) need to improve security.

2. Users may be informed of amendment to these Regulations through:

a) email message,

b) message in the System,

c) publication of a new version of the Regulations.

3. Changes enter into force after 14 days from their publication, unless the law requires a shorter period.

§30. GOVERNING LAW AND JURISDICTION

1. These Regulations are governed by Polish law.

2. In matters not covered, the provisions of law applicable in the territory of the Republic of Poland shall apply.

3. Any disputes shall be resolved by the appropriate common courts in Poland.

4. In the case of Users being entrepreneurs, the competent court is the court competent for the registered office of the Service Provider, unless mandatory applicable law provides otherwise.

§31. SEVERABILITY CLAUSE

1. If any provision of these Regulations is found to be invalid, ineffective or unenforceable, it does not affect the validity of the remaining provisions.

2. In place of a provision found to be invalid, the solution is applied that is as close as possible to its economic and legal purpose.

§32. FINAL PROVISIONS

1. These Regulations constitute the entire agreement between the User and the Service Provider concerning the use of Rezulo.

2. The current version of these Regulations is published on the Rezulo website.

3. If the Regulations are made available in multiple language versions, translations are auxiliary in nature.

4. In relations with Users, the Polish language version of the Terms is binding.

5. These Regulations enter into force on the date of their publication.

6. Acceptance of these Regulations means acceptance of documents constituting an integral part of the Rezulo documentation, in particular the Privacy Policy and the Data Processing Agreement (DPA).