Aktualizowano / Updated: 29.05.2024
I. Definitions
Application – the version of the Service provided by the Service Provider as a mobile app;
Service – the altera.co platform available via the Website (https://app.altera.co/) or the Application, operated and managed by the Service Provider. The Service is intended for Users and enables access to the Services provided by the Service Provider. Whenever the Service is mentioned in these Terms, it also refers to the software with the graphical interface and integrated databases, installed and running on the Service Provider’s servers;
Service Provider – Altera spółka z ograniczoną odpowiedzialnością, headquartered in Bydgoszcz, at Maksymiliana Jackowskiego 1A/4, 85-232 Bydgoszcz, registered in the National Court Register maintained by the District Court for the city of Bydgoszcz, 13th Commercial Division of the National Court Register in Bydgoszcz under KRS number: 0000855858, NIP: 7010978165, REGON: 38576759400000, email address: biuro@altera.co, phone: +48 730 700 923.
Price List – information published in the Service about the current fees payable to the Service Provider for using the Services, depending on the selected Package. Changes to the Price List do not constitute changes to the Terms of Service;
Business Day – any weekday from Monday to Friday, excluding public holidays;
Client – a natural person running a business, a legal entity, or an organizational unit without legal personality but granted legal capacity by separate law, who has entered into a Service Agreement with the Service Provider;
Package – a specific access option to selected services defined in the Price List, available for a specified fee;
Consumer – a Client who is a natural person running a business, for whom the concluded Agreement does not have a professional nature, particularly relating to the subject of their business activity;
Entrepreneur – a Client who is a natural person running a business for whom the concluded Agreement has a professional nature, a legal entity, or an organizational unit without legal personality but granted legal capacity by separate law, who has entered into a Service Agreement with the Service Provider;
Terms – these Terms and Conditions, specifying the terms and rules for using the Service and the Services;
User – a person associated with the Client who has an account on the Service, the Client’s legal representative, or another natural person whom the Client has authorized to log in to the Service and perform certain actions according to their assigned Role;
User Status – the type of user and scope of permissions assigned by the Client. Assigning a status to a specific User by the Client authorizes that User to perform actions according to the permissions defined for the selected Status. Permissions may be modified or revoked at any time by the Client or any other user authorized by the Client in this regard. Statuses are managed through the Service account;
Agreement – a contract for the provision of Services electronically concluded between the Client and the Service Provider under the terms set forth in the Terms and the Price List;
Services – services provided by the Service Provider to the Client electronically via the Service, within the scope defined by the Package selected by the Client.
II. General Provisions
1. The Service Provider grants the Client a set of tools enabling document creation, data collection and processing, as well as data generation, within the scope and under the conditions specified in the Subscription selected by the Client.
2. The Terms are provided free of charge by the Service Provider at any time, including before the conclusion of the Agreement, via the Service, in a manner that allows the Client to reproduce and store their content using the teleinformatics system used by the Client.
3. The Services are not available to consumers. By accepting the Terms, the Client confirms that they are not a consumer.
4. It is prohibited to submit unlawful content through the Service.
5. While using the Service, the Client is obliged to comply with applicable laws and the provisions of the Terms, in particular to use the Service and Application according to their purpose and intended use, without disrupting their operation and in a manner that does not interfere with other clients.
III. Technical Requirements
1. To properly use the Services provided via the Service, the Client should:
a) have a device such as a laptop, computer, phone, or tablet;
b) have access to the Internet with a minimum download speed of 40 Mbps and upload speed of 20 Mbps;
c) have an installed, up-to-date web browser, e.g., Chrome, Safari, Firefox, Microsoft Edge;
d) have an active and properly configured email account.
2. Using the Services provided via the Application is also conditional upon:
a) installing the Application on the selected mobile device.
3. If the Client’s device does not meet the technical requirements described above, the Service or its individual components may not function properly, for which the Service Provider is not liable.
4. The Service Provider reserves the right to modify the technical implementation of the Services (e.g., change the graphic design) without degrading their quality or functionality, and without affecting the scope of rights and obligations of the Parties.
IV. REGISTRATION IN THE SERVICE
1. Using the Services available through the Service requires the Client to register (create an account) in the Service, and in the case of paid Services – also to pay the Subscription fee. To complete registration, the Client must accept and confirm having read the Terms, agreeing to comply with them, as well as the Privacy Policy.
2. When registering, the Client is required to provide:
a) an active email address;
b) first and last name;
c) a password chosen by themselves.
3. A message will be sent to the provided email address, which the Client must use to verify their email. Without email verification, the Client will not gain access to the account.
4. Upon verification of the Client in the Service, an Agreement is concluded between the Service Provider and the Client for the provision of Services electronically via the Service, under the terms set forth in the Terms.
5. The email address provided during registration also serves as the Client’s login, enabling their identification within the Service.
6. Registration in the Service constitutes a declaration by the person authorized to represent the Client, confirming their authority to conclude the Agreement on behalf of and for the Client. The Service Provider has the right to request the Client to provide a document confirming the proxy’s authorization (e.g., a power of attorney). In case of discrepancy between the declaration and the actual state of affairs, the Service Provider may take appropriate legal or contractual actions against that person and refuse to provide the Services.
7. During the first login, the Client must provide the basic information about their business activity.
8. After verification, the User can log into the account and is required to complete the Client’s information assigned to the Account in the Service by providing:
a) VAT identification number (NIP);
b) company name;
c) company address;
d) information whether they are an active VAT payer.
9. The Client may grant third parties permissions to log into the Service and to perform specific actions according to the assigned User Status.
V. PURCHASE OF A PACKAGE
1. Upon registration in the Service, the Client is entitled to select Packages offered by the Service Provider and use the functionalities available within them, detailed descriptions of which are found in the Price List.
2. Immediately after registration, the Client is granted access to the free Package.
3. The purchase of paid Packages is carried out through the account in the Service. To purchase a selected Package, the Client is required to select the Package option on their Service account and make the payment.
4. Z chwilą zaksięgowania środków na rachunku bankowym Usługodawcy Klient uzyskuje dostęp do wybranego Pakietu.
5. The Service Provider allows Package changes; however, switching from a broader to a more limited Package is possible only if the Client adjusts their Account to the conditions and features specified for the selected lower Package (e.g., reducing the number of Account Users to the limit applicable for that Package).
6. The Package change will take effect at the start of the next billing month counted from the Package activation date.
7. The Client acknowledges that changing from a higher to a lower Package involves limiting the Account’s functionalities to those included in the selected Package and may result in loss of access to data or documents stored in the Account. A detailed list of features for each Package is available in the Service’s Price List.
VI. PAYMENT
1. To purchase a selected Package, the Client is required to select the desired Package option within the Service.
2. For the provision of Services included in paid Packages, the Client is obliged to pay the Service Provider a fee. The amount of the fee depends on the selected Package.
3. The current fees for each Package are specified in the Price List.
4. The amounts listed in the Price List are net amounts; the payment for the Package will be subject to value-added tax (VAT) at the applicable rate.
5. The fee is paid by the Client in advance, either for the given calendar month or for a consecutive 12-month period, via the Client’s account in the Service.
6. Payment for the Package is made using the payment method selected by the Client. The payment methods available on the payment date are indicated in the payment form.
7. The payment date is considered to be the date when the funds are credited to the Service Provider’s bank account.
8. A VAT invoice will be issued and delivered to the Client by the Service Provider within 14 days from the payment date. The Client hereby consents to receiving VAT invoices electronically from the Service Provider.
9. Access to the Account functionalities in the selected Package after the expiry of the period for which the Package was purchased requires payment of the next fee for that Package at the applicable rate. In case of non-payment, the Client will be granted access to the free Package. The Service Provider will restrict access for other users to adjust the Account’s functionalities to the free Package.
10. Upon payment of the selected subscription by the Client, the Client gains access to the Service according to the scope listed in the Price List, unless the Terms governing the provision of the specific Service or a separate agreement regarding that Service state otherwise. The provision of Services begins upon the Service Provider’s receipt of the Client’s payment in accordance with the Price List, unless otherwise specified in the Price List or the terms governing the provision of the specific Service.
VII. APPLICATION
1. Clients are obliged to use the Application in accordance with the Terms, the rules of the stores from which it was downloaded, and applicable law.
2. The Client may stop using the Application at any time by uninstalling it from their mobile device. Removing the app does not equate to deleting the Account in the standard version of the Service.
3. Ensuring data transmission necessary for downloading, launching, and using the Application on a mobile device, as well as any associated transmission costs, is the responsibility of the Client or their User.
4. The Service Provider is not responsible for Application errors resulting from malfunctions of app stores provided by third-party vendors (e.g., Google Play and Apple Store).
VIII. UPDATES
1. The Service Provider will exercise due diligence in continuously updating the Service, particularly regarding changes in generally applicable Polish law that affect the proper functioning of the Service or its individual functionalities.
2. Changes to the Service will be implemented taking into account the time required for their implementation and the Service Provider’s production capabilities. The Service Provider shall not be liable to Clients who are not Consumer Entrepreneurs for any damages resulting from the inability to adapt the Service to legal requirements within the timeframes specified by law.
3. Updates within the purchased subscription do not incur any additional costs for the Client.
4. Updates may introduce changes to the functioning of the Service. The Service Provider will inform the Client about significant changes via the Service or email with 14 days’ notice.
5. The Service Provider is not liable for Service malfunctions if the Client fails to perform updates within a reasonable timeframe specified.
6. The Client is responsible for ensuring technical compatibility between their end device and teleinformatics or telecommunication systems with the Service. Since the Service Provider uses encryption mechanisms compliant with common security practices, it is crucial that users regularly update their devices and software. The Service Provider is not liable for the Client’s failure to perform updates.
IX. RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Service Provider undertakes to exercise due diligence to ensure the proper functioning of the Service and correct provision of the Services, as well as the protection of data and documents collected by the Client through the Service.
2. The Service Provider will make every effort to ensure continuous and uninterrupted provision of Services to the Client in accordance with the Terms. However, the Service Provider reserves the right to temporarily suspend access to the Services for maintenance, repair, updates, or improvements. The Service Provider will notify the Client of technical interruptions at least 3 days in advance by publishing a relevant notice on the Service.
3. The Service Provider will schedule technical interruptions in a way that minimizes inconvenience to the Client and Users.
4. The Client is obliged to use the Service in a manner that does not disrupt its operation and in accordance with these Terms, applicable laws, and any instructions or documents provided by the Service Provider in connection with the conclusion or performance of the Agreement.
5. The Client is obliged to provide the Service Provider with truthful and up-to-date information and to promptly inform the Service Provider of any changes or update them personally, under the penalty of the previously provided information being considered current. The Service Provider reserves the right to verify the accuracy and timeliness of the information provided by the Client at any time.
6. The Service Provider is not liable to third parties for their use of the Service, unless such parties used the Service in accordance with the Terms and under the conditions of the granted license.
7. The Client is responsible for ensuring that the documents registered in the Service reflect the actual state of affairs. The Client is obliged to verify the accuracy of documents, reports, and calculations generated by the Service, including their substantive, formal, and accounting correctness.
X. LIABILITY
1. The Client is responsible for non-performance or improper performance of the Agreement and for violations of these Terms by their Users, i.e., persons authorized to use the Account, and is liable for the actions and omissions of these persons as for their own actions and omissions.
2. The Client is responsible for the accuracy, timeliness, completeness, and legality of the data entered into the Service. The Service Provider does not verify the correctness, method, or type of data entered by the Client and is not liable if the Client submits incorrectly generated documents or documents based on incorrect data to tax authorities.
3. The Service Provider shall not be liable, to the extent permitted by applicable law, for damages arising from:
a) failure to meet technical requirements;
b) lack of or interruptions in access to the Service beyond the Service Provider’s control;
c) improper use of the Services by Users, including failure to comply with security rules described in the Terms;
d) errors or omissions in data provided by the Client or their User;
e) technical interruptions due to causes beyond the Service Provider’s control, provided such interruptions do not exceed 48 consecutive hours;
f) loss of login credentials (username and password) for reasons beyond the Service Provider’s control;
g) failure of the User to verify the substantive accuracy of documents, reports, and calculations generated by the Service;
h) loss of data stored on the Account if the Account was deleted under the conditions specified in these Terms;
i) loss of data caused by force majeure or circumstances attributable to the Client or their User;
j) risks related to Internet use, including hacking attacks, computer viruses, or similar events;
k) the User’s lack of knowledge or non-compliance with the Terms, including its annexes forming an integral part;
l) use of the Service by the User in a manner contrary to generally applicable laws;
m) posting by the Client or their User of unlawful content in the Service;
n) unauthorized use during registration of an email address belonging to a person who did not consent;
o) and other circumstances for which the Service Provider bears no liability.
4. The Service Provider’s liability under warranty is excluded.
5. Notwithstanding the provisions of section 3 above, the Service Provider is liable only for non-performance or improper performance of the Agreement, including Services, resulting from the Service Provider’s intentional and culpable actions. The Service Provider’s total liability to the Client in any case is limited to the fee paid by the Client for the provision of Services and covers only actual damages.
6. The Service Provider is entitled to temporarily suspend the Client’s access to the Services or selected Account functions in the event of:
a) violation or suspected violation of the Terms by the Client or their User;
b) breach of applicable laws;
c) determination of actions harmful to the Service Provider.
7. During the suspension, the Client is obliged to take actions to eliminate the causes of the suspension and, upon their removal, promptly inform the Service Provider. The Service Provider will restore the Client’s access to the Services immediately after the cause of suspension ceases. If the suspension lasts more than 30 calendar days and the cause is not resolved, the Service Provider has the right to terminate the Agreement with the Client immediately. The provisions of section X, item 5 of the Terms apply accordingly. This paragraph does not affect other rights of the Service Provider under these Terms.
8. The suspension period does not extend the Client’s access to Services under the paid Package by the duration of the suspension.
9. The Client acknowledges and accepts that the Service is only a support tool for the Client; therefore, the Service Provider is not liable for the Client’s business activities or accounting and bookkeeping services.
10. The Client hereby acknowledges and confirms their obligation to indemnify and hold harmless the Service Provider against any losses, damages, and reasonable costs incurred by the Service Provider as a result of claims from third parties arising from the Client’s or their User’s use of the Service in violation of these Terms or license conditions.
XI. TERM AND TERMINATION OF THE AGREEMENT
1. The Agreement is concluded for an indefinite period and is subject to monthly billing cycles.
2. Each Party has the right to terminate the Agreement by submitting a written notice.
3. For Clients, the termination notice may be submitted:
a) by canceling the Services via the dedicated button, i.e., unsubscribing;
b) in writing, sent to the Service Provider’s registered office address; or
c) electronically, by sending an email to wsparcie@altera.co with the subject line “Rezygnacja” (Resignation).**
4. For the Service Provider, the termination notice may be submitted:
a) in writing, to the Client’s business address or registered office, as appropriate; or
b) electronically, by sending an email to the Client’s email address used as their login in the Service or the contact email assigned to their Account in the Service.**
5. The Agreement terminates at the end of the last paid billing period.
6. The Service Provider has the right to terminate the Agreement with immediate effect if:
a) the Service Provider determines that the Client or their User has used or is using the Services in violation of the Terms, laws, fair trade rules, or to the detriment of the Service Provider or other Users;
b) the Service Provider finds that the Client provided false data or information when paying for the Package or during the Agreement’s execution, particularly using false, forged, or invalid documents;
c) the Client or their User engages in activities aimed at unauthorized access to the Service Provider’s IT system, especially by breaching security measures;
d) the Client or their User violates the license terms.
7. The notice of immediate termination of the Agreement referred to in section 6 above will be delivered to the Client in writing or electronically. Upon effective delivery of the notice to the Client, the Service Provider has the right to block or restrict the Client’s access to the Account and delete the Client’s Account.
8. In the situations described in section 6 of the Terms, the Client is not entitled to a proportional refund of the price paid for the Package for the unused portion of the billing period.
9. If the Service Provider detects no activity on the Account for at least 6 months, understood as no logins by the Client or their Users, the Service Provider has the right to terminate the Agreement with immediate effect, under the conditions specified in section 7 above.
10. Unless otherwise specified in the Terms, termination of the Agreement results in the deletion of the Account in the Service.
11. Klient przyjmuje do wiadomości i zgadza się z tym, że usunięcie Konta w Serwisie jest równoznaczne dla tego Klienta z utratą wszystkich zgromadzonych w ramach tego Konta danych, w tym danych wprowadzanych przez innych Użytkowników Konta. Usługodawca może wyznaczyć Klientowi odpowiedni termin potrzebny do pobrania przez Klienta niezbędnych dokumentów.
12. The Service Provider reserves the right to refuse to provide Services to the Client, including deleting the Client’s Account, if the Account was re-registered after the Agreement was terminated by the Service Provider for the reasons stated above.
XII. COPYRIGHT
1. The Service and Application are subject to proprietary copyrights. The User acknowledges that the Service Provider holds all copyrights to the Service and Application, including their components, considered works under the Copyright and Related Rights Act.
2. Recording, copying, distributing, or creating derivative works of the Service, Application, or their components, including verbal and graphic elements, as well as reprinting published texts without the explicit written consent of the Service Provider, may constitute a violation of the aforementioned copyrights and may result in civil or criminal liability.
3. Such liability does not apply to the use of content within the scope of permitted personal use or other cases provided by law.
XIII. LICENSE
1. Upon concluding the Agreement, the Service Provider grants the Client a non-exclusive, non-transferable license to use the Service in accordance with the provisions of the Terms and the Package selected by the Client. The Client is not entitled to grant sublicenses. The license is granted for the duration of the Agreement and is territorially limited to the territory of Poland. The license also covers all new versions and updates of the Service provided by the Service Provider during the term of the Agreement, if any.
2. The license is granted for the following fields of use:
a) use via an end device within the scope resulting from the concluded Agreement and the subscription selected by the Client;
b) launching, displaying, accessing, entering, modifying, and deleting data; browsing, collecting, storing, and searching data;
c) granting access to Users under the conditions set forth in these Terms and the selected subscription.
3. The license fee is included as part of the price for the selected Package.
4. The Client is not entitled to:
a) translate, adapt, change, or modify the Service;
b) make the Service available for free or for a fee to third parties, except for Users included in the given subscription;
c) process, modify, reverse engineer, decompile, disassemble the Service’s code or any part thereof, or otherwise determine the source code and create derivative works;
d) use the source codes in whole or in part, unless mandatory legal provisions state otherwise.**
5. The Client shall ensure that every User granted access to the Service by the Client under the license granted within the selected subscription uses the Service in accordance with the Terms and license conditions.
6. The Client undertakes to supervise and control the use of the Service in accordance with the terms of the granted license and to ensure that their access to the Service is continuously protected against misuse, damage, destruction, or any unauthorized use or use by unauthorized persons. Neither the Client nor the User should share login credentials with unauthorized persons and must protect this information from disclosure. The Service Provider is not liable for damages resulting from the Client’s or User’s sharing of login data with third parties.
7. Regardless of other rights and legal remedies available to the Service Provider, the Client is obliged to immediately notify the Service Provider if a User violates the license terms and to take necessary actions to ensure that the User ceases such violations.
8. Any violation of the license terms by Users is considered a violation of the license by the Client.
XIV. COMPLAINTS AND DISPUTE RESOLUTION
1. The Client has the right to file a complaint regarding the Service, including Services provided through it. Complaints should be directed to the Service Provider electronically by sending an email to wsparcie@altera.co with the subject line “Reklamacja” (Complaint) or sent to the Service Provider’s registered office. The complaint should include a description of the factual basis for the complaint, data identifying the Client in the Service, and specify the scope of the claim along with a brief justification.
2. Before submitting a complaint, the Client is obliged to verify whether the irregularities in the provision of Services are not due to reasons for which the Service Provider is not responsible, such as failure to meet technical requirements.
3. The Service Provider will respond to the complaint within 14 (fourteen) days from the date of its receipt, unless the complaint is incomplete. In such a case, the Service Provider will request the complainant to complete the information. The complaint processing period will be counted from the day the Client provides the missing information.
4. If the complainant fails to provide the missing information, the Service Provider will leave the complaint unexamined.
5. After exhausting the complaint procedure, the Client has the right to pursue their claims through general legal means.
XV. AMENDMENTS TO THE TERMS
1. The Service Provider reserves the right to amend the Terms for important reasons, including:
a) the need for changes in the technological, economic, or organizational aspects of the Service Provider’s business;
b) the need for changes in the structure or content of the Service or the Service Provider’s offer;
c) changes in the scope of Services provided by the Service Provider, including modifications, introduction of new, or withdrawal of existing functionalities or Services covered by the Terms;
d) ensuring the security of information collected or processed in connection with the provision of Services covered by the Terms;
e) changes in applicable laws affecting the content of the Terms, including rights and obligations arising from the Terms or changes in the interpretation of these laws due to court rulings, decisions, orders, recommendations, or guidelines issued by relevant authorities;
f) the need to adapt the Terms to recommendations, orders, rulings, guidelines, or decisions issued by relevant authorities;
g) the necessity to correct obvious errors, typos, or to fill gaps or inconsistencies in the Terms that cannot be resolved through interpretation of the provisions.**
2. A change to the Price List does not constitute a change to the Terms and may be made by the Service Provider at any time. Changes to the Price List do not affect the terms of Services already paid for.
3. The Service Provider will inform Clients of proposed changes to the Terms no later than 14 days before their intended effective date.
4. If the Client does not agree to the content of the new Terms, they have the right to terminate the Agreement effective on the date the changes to the Terms come into effect. The termination notice should be submitted electronically by sending a statement to the Service Provider’s email address: wsparcie@altera.co with the subject line “Brak zgody” (Disagreement) or in writing to the Service Provider’s registered office address.
5. A termination notice submitted electronically is considered delivered when it is entered into the electronic communication system in a manner that allows the Service Provider to access its content. A termination notice submitted in a form other than electronic is considered delivered upon its effective receipt by the Service Provider. If the notice is received after the effective date of the Terms changes, the Agreement terminates on the date the notice is received by the Service Provider.
6. The Client is not entitled to a proportional refund of the fee paid for the unused portion of the billing period.
7. In case of termination of the Agreement by a Client who is a Consumer, they may request a refund from the Service Provider proportional to the unused part of the Billing Period. The refund amount will be calculated as the product of the remaining days until the end of the Billing Period and the daily rate of the Subscription.
XVI. PERSONAL DATA
1. The Service Provider processes Users’ personal data according to the Privacy Policy and in compliance with GDPR. By using the Service, the User confirms that they have read the Privacy Policy available at https://altera.co/privacy-policy/ and accepts its provisions.
2. The Service Provider may engage external service providers to assist in delivering services. The current list of data processors is available at: https://altera.co/data-processing/
XVII. FINAL PROVISIONS
1. Matters not regulated in the Terms, including its attachments, shall be governed by generally applicable laws.
2. The Client is not entitled to transfer rights and obligations related to the Agreement, in whole or in part, to third parties without the prior written consent of the Service Provider.
3. The existing Client is jointly and severally liable with the new Client for payments arising from the use of Services and the concluded Agreement.
4. If any provision of the Terms is found to be invalid or ineffective, it does not affect the validity or effectiveness of the remainder of the Terms.
5. The law governing contractual relations between the Client and the Service Provider is Polish law.
6. Disputes arising from the concluded Agreement, provided Services, or related to the application of the Terms shall be resolved by the court competent for the Service Provider’s registered office.
7. The current version of the Terms is published at https://altera.co/license/ and within the Application, in a manner that allows for storage and repeated retrieval in the normal course of business.