Terms and Conditions

The following terms are defined for the purposes of these Regulations :

1. Proplanum Application - an advanced software solution provided by the Service Provider, designed to integrate and optimize human resource management processes in the enterprise. The Application contains integrated functional modules, including: a system for managing and coordinating employee work schedules, a mechanism for registration and documentation of working hours, including the use of mobile technology, a module for processing electronic leave applications, a tool for task andproject management, an internal communication platform for employees, and a system for designing and implementing employee surveys. Each of these functionalities is an integral part of the Proplanum Application and is subject to the provisions of the Regulations;
2. Mobile Application - an extension of the functionality of the Proplanum Application, designed for use on mobile devices such as smartphones;
3. Package - a set of functionalities of the Proplanum Application, chosen by the Service Recipient, whose terms, including price, depend on the duration of the provision of Services, the number of Users, and the scope of functionalities available to Users;
4. Privacy Policy - a document regulating the rules for the protection of personal data and privacy of Users, constituting a supplement to the Regulations;
5. Force Majeure - an external,unpredictable event that the Service Provider or Service Recipient cannot prevent, including, among others, epidemics, natural disasters, extreme weather conditions, acts of state authority, server failures, hacker attacks;
6. Regulations - these regulations for the provision of electronic services in connection with the use of the Proplanum Application;
7. Agreement- an agreement for the provision of electronic services between the Service Provider and the Service Recipient within their business activities, includingboth free and paid Services;
8. Subscription - a cyclical form of payment that allows the Service Recipient to access the functionalities offered by the Proplanum SaaS application. It includes regular monthly or annual fees, determined according to the chosen package and the number of licenses, with the possibility of modification. Subscription details, including changes in the plan and licenses, are reflected in the VAT invoices issued;
9. Service Provider - Proplanum Limited Liability Company, with its registered office in Siedlce at ul. Sokołowska 34, 08-110 Siedlce, registered in the Register of Entrepreneurs maintained by the District Court Lublin Wschód in Lublin with its seat in Świdnik, VI Commercial Division of the National Court Register, under number KRS0001078697, NIP 8212688991, REGON 52734453300000;
10. User - the Service Recipientand any person to whom the Service Recipient has granted access to the Proplanum Application within an individually defined scope;
11. GDPR - Regulation (EU) 2016/679of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation);
12. Proplanum Service - an online platform available at a specific URL, https://app.proplanum.com/, enabling access to the Proplanum Application;
13. Services - electronic services provided by the Service Provider to Users based on the Regulations;
14. Service Recipient - an entrepreneur using the Services provided by the Service Provider, including the Proplanum Application and the Proplanum Service, for purposes directly related to their business activities;
15. Law - the Act of 18 July 2002on the provision of electronic services (Journal of Laws 2002, No. 144, item1204).

1. In accordance with Article 8,Section 1, Point 1 of the Act, these Regulations specify :
   
   • the types and scope of electronic services provided by the Service Provider through the Proplanum Service and the Proplanum Application;
   • the terms and conditions for providing electronic services by the Service Provider through  the Proplanum Service and the Proplanum Application;
   • the obligations of the ServiceRecipient and the User;
   • the conditions for concluding and terminating agreements for the provision of electronic services;
   • the complaint procedure;
   • the responsibility and obligations of the Service Provider.
2. A document related to the Regulations is the Privacy Policy, available on the Proplanum Service website, which is an integral part of the Regulations and governs the rules for protecting personal data and the privacy of Users.
3. The Regulations are made available on the Proplanum Service free of charge to every User before the Agreement is concluded and on request, in a way that allows for theiracquisition, reproduction, and preservation using the User's IT system.
4. The User and the Service Recipient may start using the Services offered by the Service Provider only after prior reading and acceptance of the content of the Regulations and the Privacy Policy. Using the Services by the User and the Service Recipient is equivalent to the unconditional acceptance of the Regulations and the Privacy Policy.
5. The Service Provider allows the User, who has appropriate permissions, to use the integrated functional modulesof the Proplanum Application. Among these modules are: a system for managingand coordinating employee work schedules, a mechanism for recording workinghours, an electronic leave application module, a task and project managementtool, an internal communication platform for employees, and a system fordesigning and implementing employee surveys, based on data entered into the application.
6. The Service Provider stipulates that it provides services exclusively to entrepreneurs. The Agreement cannot be concluded by consumers or entrepreneurs acting with consumer rights. All activities within the Proplanum Application are performed on behalf of and for the benefit of the Service Recipient.
7. The Service Recipient bearsfull responsibility for allowing other Users to access the Services and is obligated to ensure that all Users know and comply with the provisions of the Regulations.
8. All actions by Users within the Proplanum Application are taken on behalf of and for the benefit of the Service Recipient, who is responsible for their compliance with applicable laws and the provisions of the Regulations.
9. The Agreement is concluded whenthe Service Recipient registers on the Proplanum Service.
10. Starting to use any of the Services described in the Regulations is equivalent to the complete acceptance of the terms of the Regulations by the Service Recipient, without the need fora separate agreement.
11. The Regulations apply to the Service Recipient from the moment they create an account on the Proplanum Service, and to the User from the moment they log in to the Service after receiving permissions from the Service Recipient.

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1. The Service Provider, through the Proplanum Application, offers the following services:
   
   • maintaining the Service Recipient's account and User accounts in the Proplanum Application;
   • providing access to the Proplanum Application via the Internet, for use in accordance with the terms outlined in the Regulations;
   • providing server space for storing data processed in the Proplanum Application;
   • providing information related to the Service Recipient's operations, including updates, regulatory changes, and new features in the Service;
   • securely storing the Service Recipient's data on servers protected in accordance with applicable standards;
   • tools for communication betweenthe Service Recipient and their clients, employees, or other interestedparties;
   • providing information aboutproducts, services, promotions, and commercial offers.
2. The Service Provider allows the purchase of various paid Packages and Subscriptions, which extend the range of available services and functionalities offered by the Proplanum Application.
3. Detailed information about the scope, prices, and conditions for using paid Packages and Subscriptions is available in the Proplanum Service and may be regulated by separate terms outlined in the agreement.
4. The Service Provider provides access to the Services according to the terms outlined in the Regulations and additional conditions set for selected paid services.
5. The Service Recipient has theright to use free services within the scope of functionalities provided by the Service Provider or with in the range of a selected paid package.
6. To fully utilize the functionality of the Proplanum Application, the Service Recipient should have Internet access, an active email account, and an updated web browser that conforms to specified standards and supports JavaScript scripts.
7. The Service Provider reserves the right to make changes to the functionalities of the Proplanum Application, including adding new services, features, amenities, and modifying existing ones.
8. Any changes in the scope of provided Services will be communicated to the Service Recipients as specifiedi n the Regulations.
9. The Service Provider take snecessary measures to ensure the security and protection of data stored within the Proplanum Application.
10. The Service Recipient is responsible for maintaining the confidentiality of their access data and for all actions taken through their account.

1. The Service Provider delivers services through the Proplanum Application under the terms defined in this section and the rest of the Regulations. By using the Proplanum Application,the Service Recipient agrees to comply with the Regulations and input data that is factually and legally accurate.
2. Using the Proplanum Application requires User equipment to meet the following minimum technical requirements: an Internet connection, an active email address, an updated operating system, an updated web browser, enabled cookies for the current session, a computer camera, and a smartphone or tablet with an updated system and the Mobile Application installed. Failure to meet these requirements may result in limited or incorrect operation of the Proplanum Application or Mobile Application, for which the Service Provider is not responsible.
3. To use the Proplanum Application's functionality, correct registration of the Service Recipient or User and acceptance of the Regulations are required. During the registration process, the User creates their identifier and password in compliance with security requirements, including minimum length and complexity. The Service Provider is not responsible for the User's disclosure of their authentication data to third parties.
4. The User must not post unlawful content in the Proplanum Application that violates the rights of third parties, contradicts societal norms, incites hatred, contains pornography, offensive material, promotes violence, or other unlawful content. The Service Provider is not responsible for content posted by the User.
5. The User is responsible for keeping their password confidential and not sharing it with unauthorized individuals. Any actions on the Proplanum Application account assigned to a given User, carried out with the correct password, will be attributed to the User. The Service Recipient is liable for the actions of the Users as if they were their own.
6. The Service Provider has theright to temporarily cease or limit service provision in specific cases impacting the security or stability of the information system, including maintenance work. The Service Provider is not responsible for service interruptions caused by technical system failures beyond its control.
7. The Service Provider reserves the right to change the Regulations. Changes become effective once published on the website and in the Proplanum Application. Continuing to use the Proplanum Application after changes have been made implies User acceptance of the new conditions.
8. The Service Provider may terminate the contract and stop providing Services in cases defined in the Regulations, including User violations of the Regulations, provision of false data, harm to the Service Provider, and other particularly justified cases.
9. The Service Provider is not responsible for damage arising from improper use of the Proplanum Application, data loss by the User due to technical failure or Force Majeure, or damage caused by telecommunications service providers and other external services.
10. All copyrights, trademarks, and other intellectual property rights related to the Proplanum Application belong to the Service Provider. The User agrees not to interfere with the Proplanum Application software code, the Mobile Application, or the Proplanum Service, including decompiling or other reverse engineering methods.

1. The agreement between the Service Provider and the Service Recipient is considered effectively concluded when the Service Recipient accepts the Regulations and the Privacy Policy, which occurs during the registration process on the Proplanum Service. The contract is formed simultaneously with the creation of an account using the functions available in the Proplanum Application.
2. The Service Provider offers two types of services to the Service Recipient:
   
   • free services - availablewithout requiring payment;
   • paid services - available afterappropriate payment is made according to the Package chosen by the ServiceRecipient as presented in the Proplanum Application.
3. The agreement for providing free services is concluded for a period of 14 days from the date of its formation, unless the Service Recipient deletes the account created in the Proplanum Application along with its associated data.
4. The Service Recipient can independently delete the content of the account created in the Proplanum Application, resulting in complete and irreversible deletion or anonymization of the data stored in the Proplanum Application.
5. The Service Provider may extend the period of providing free services on terms individually agreed upon with the Service Recipient.
6. The agreement for providing paid services is concluded when the Service Recipient makes the payment. The duration of providing paid services is determined by the Package chosen by the Service Recipient.
7. The Service Recipient has the right to change the selected Package to another, with the possibility of anadditional payment if changing to a higher-value Package. If switching to a lower-value Package, previous payments are not refundable.
8. The Service Provider may enter into agreements for providing paid services under individual offer, where the terms of the contract are set outside the Proplanum Application. In such cases, the Regulations apply to the extent that does not conflict with individual arrangements.
9. The Service Provider has theright to immediately terminate the contract with the Service Recipient without notice in the event of:
   
   • the Service Recipient providing false information, using the Proplanum Application illegally, in violation of the Regulations, infringing the rights of the Service Provider or third parties, or failing to pay for the Package;
   • inactivity on the Service Recipient's account for 3 months, provided that the Service Recipient has been previously notified to confirm their intention to continue the agreement.
10. The Service Provider may terminate the agreement for providing free services with a one-week notice if, after a year of using the Proplanum Application, the Service Recipient shows no activity other than creating the account and providing basic data.
11. The Service Provider sends invoices to the Service Recipient in electronic form. Invoices are made available to Users with appropriate permissions in the Proplanum Application.

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1. The Service Provider takes appropriate technical and organizational measures to protect Service Users from specific risks arising from the use of the Proplanum Application. To achieve this, advanced security technologies are employed, including anti-malware protections against harmful software like malware and spyware, and advanced defense techniques against DDoS attacks, including SYN cookies, connection count limitations, and request rate-limiting techniques. Additionally, to enhance security, solutions such as Web Application Firewalls (WAFs) and virtual detection-prevention systems like Barracuda Network are implemented.
2. For data transmission, the Proplanum Application uses the cryptographic Secure Socket Layer (SSL) protocol, ensuring the confidentiality and integrity of transmitted data, protecting against various attack methods such as cracking or phishing. To enhance user security, password masking is employed during password entry. The Mobile Application operating on Android 4+ also uses security tokens to increase user data protection.
3. The Service Provider commits to taking all due diligence to ensure the proper technical operation of the Proplanum Application and the Mobile Application. However, the liability of the Service Provider is limited to intentional non-performance of contractual obligations and covers only the actual value of the loss incurred.
4. The Service Provider is not responsible for damages arising from non-performance or improper performance of obligations if the cause of such non-performance lies with the Service User, User, or third parties for whom the Service Provider is not liable. Inparticular, the Service Provider is not responsible for damages resulting from improper use of the Proplanum Application by the Service User or User, errors in computer hardware, software, or communication systems used by the Service User or User to connect to the Proplanum Application.
5. The Service Provider disclaims liability for permanent or temporary inability to provide services, improper service provision due to reasons beyond the Service Provider's control, including the occurrence of Force Majeure, third-party actions, errors in the use of services by the Service User or User, as well as for the effects of third-party access to information authorizing access to the Services if these persons obtained such information due to its disclosure by the Service User or User or due to insufficient security of this information.
6. The Service Provider does not assume liability for warranty claims regarding defects, except when the Service User is a natural person conducting business, and the contract concluded does not have a professional nature for them. In such cases, the Service Provider'sliability is limited to direct consequences of intentional non-performance of obligations.

1.  Periodic Payments :
   
   • The Service User is required to provide their payment card details to facilitate automatic subscription payments, either on a monthly or annual basis, depending on the chosen option.
   • after each transaction, the Service Provider issues a VAT invoice, which is sent to the Service User electronically, with simultaneous notification of successful transaction or any payment processing issues.
2. One -Time Payments :
   
   • in the case of one-time payment options, the Service Provider issues a pro forma invoice, imposing on the Service User the obligation to settle it within a specified timeframe.
   • After the payment is credited to the Service Provider's account, a VAT invoice is issued.
3. Monthly Subscription Rules:
   
   • The Service User has the right to modify the subscription plan and the number of licenses at any time during the billing month.
   • in the event of a change, the system automatically calculates the difference in fees between the current plan and the new one, settling the amount for the unused portion of the billing period.
   • switching to a higher-value plan takes effect immediately, while switching to a lower-value plan is possible only at the beginning of the next billing month.
   • all changes to the subscription will be reflected in the VAT invoice issued in the following billing month.
4. Annual Subscription Rules :
   
   • the rules for modifying the annual subscription plan and the number of licenses are the same as the monthly model.
   • any changes to the subscription plan are settled immediately, leading to the issuance of an updated VAT invoice reflecting the modifications made.
5. All payments, whether periodic (subscription-based) or one-time, are final and non-refundable once the transaction is completed. The Service User accepts that once a fee is paid, regardless of its nature, it is non-refundable, regardless of the degree of use of the services during the billing period.
6. Full access to the Services is paid. Fees are set according to the price list available on the Proplanum Platform and may vary depending on the selected Package.
7. Each new Service User is entitled to a one-time, thirty-day trial period. During this time, selected functionalities of the Proplanum Application and Proplanum Platform are provided free of charge.
8. Compensation for services is calculated based on the chosen Package, taking into account the number of User sand the rate specified for the Package. The compensation is payable in advance for the entire activation period of the service.
9. The Service User receives an electronic invoice, which must be paid within 10 days of receipt.
10. The default payment method is Stripe. In exceptional cases, after prior agreement with Proplanum, other forms of payment may be used.
11. Failure to pay within the specified timeframe on the invoice results in the blocking of access to the Services. The Service User will be informed of the blocking and requested to settle the arrears.
12. Payment made within 14 days of access blocking results in its unblocking. Failure to settle arrears within the specified timeframe authorizes the Service Provider to delete the Service User's account and all related Users.
13. Changes in the price list are announced on the Proplanum Platform website. Price list changes do not affectthe terms of already concluded contracts until they are renewed.
14. To ensure proper invoice issuance, the Service User is required to provide accurate and up-to-date information, including name, company name, residential/business address, tax identification number, and email address.

1. All intellectual property rights associated with the Proplanum Application, including copyrights, trademarks, patents, industrial designs, and know-how, are exclusively owned by the Service Provider. The use of the Proplanum Application by the Service Recipientis limited to the scope and conditions specified in the Terms of Service and is permitted within the bounds of fair use.
2. Upon entering into the Agreement, the Service Provider grants the Service Recipient a non-exclusive, non-transferable, and territorially unlimited license to use the Proplanum Application. This license is valid for the duration of the Agreement and authorizesthe use of the Proplanum Application solely in accordance with its intended purpose and functionalities specified by the Service Provider.
3. The Service Recipient is not permitted to make any alterations, modifications, translations, adaptations, rent, lease, sublicense, sell, reverse engineer, decompile, or disassemble the Proplanum Application. Any attempt to undertake the aforementioned actions requires prior written consent from the Service Provider.
4. Violation of the license terms,including unauthorized use of the Service Provider's intellectual property, may lead to the immediate termination of the Agreement without notice and may prompt the Service Provider to take appropriate legal action, including blocking the Service Recipient's account and deleting or anonymizing data collected during the provision of Services.
5. The Service Provider declares that it possesses all necessary copyrights and intellectual property rights for the Proplanum Application and its components, enabling it to grant licenses under the Agreement's conditions. In the event of third-party claims regarding infringement of their intellectual property rights, the Service Provider will take appropriate steps to defend the rights of the Service Recipient, including entering into court proceedings as a defendant or a third-party intervener and covering damages as determined by a final court judgment or settlement, provided that the Service Provider has approved the content of the settlement.
6. The name and logo of the Proplanum Application are protected by law and are the property of the Service Provider. Their use by the Service Recipient is only possible within the scope permitted by the Terms of Service and with prior written consent from the Service Provider.
7. All works provided by the Service Provider as part of the service, including texts, graphics, logos, icons, images, photos, audio and video files, data files, presentations, and software, are the subject of the Service Provider's copyrights and are subject to the provisions of the Terms of Service. The Service Recipient acquires licenses for these works only to the extent necessary to use the Proplanum Application and Services.

1. The Service Recipient has the right to submit a complaint if the Service Provider delivers the Services improperly or not in accordance with the terms of the Agreement. Complaints can be submitted via email to: info@proplanum.com or in writing to the Service Provider's address.
2. Complaints can be made no later than 14 days from the day the Service Recipient noticed the problem. Complaints submitted after this timeframe will not be considered unless the delay is dueto reasons beyond the Service Recipient's control.
3. The complaint submission should include:
   
   • complete identifying information for the Service Recipient, including at least the email address used in the Proplanum Application;
   • the name and version of the operating system and web browser used by the Service Recipient at the time the problem occurred;
   • a detailed description of the problem, including the date and time it occurred, circumstances, and, if possible, the content of any error messages.
4. The Service Provider commits to addressing complaints within 14 business days from the day of receipt, with the provision that incomplete information as required in paragraph 3 above may extend this timeframe.
5. The Service Recipient will be informed of the complaint's resolution by email to the address provided in the complaint submission or via a message in the Proplanum Application.
6. If the complaint is accepted, the Service Provider will make every effort to correct the identified issues as soon as possible.
7. The Service Provider is not liable for damages resulting from the Service Recipient's actions or events beyond the Service Provider's control, including cases of Force Majeure. The Service Provider's liability is limited to the actual value of the damage incurred and does not cover lost profits.
8. If the complaint is rejected, the Service Recipient has the right to resubmit it within 7 days from the day of receiving the response, provided that additional information or evidence is submitted to support the complaint.

1. The Service Provider processes Users' personal data solely for purposes related to the provision of Services. The processing includes data necessary for the operation of the Proplanum Application and Proplanum Platform, such as name, surname, computer IP address, email address, phone number, biometric data (optional), geolocation data(optional), and other categories of data specified by the Service Recipient.
2. The Service Recipient declares that the processing of personal data is based on the provisions of the GDPR, particularly Article 6(1)(a), (b), and (c) of the GDPR, and in the case of special categories of personal data (including biometric and location data), on Article 9(2)(a) of the GDPR, and that it has all necessary consents from Users. The Service Recipient assumes full responsibility for the legality of processing and using personal data.
3. The Service Provider commits to implementing and maintaining appropriate technical and organizational measures to ensure personal data protection, including pseudonymization and encryption. Only authorized personnel, trained in data protection in accordance with GDPR requirements, have access to the data.
4. The Service Recipient entrusts the Service Provider with processing personal data solely on documented instructions. Any changes to processing or third-party entities require prior approval from the Service Recipient and are communicated with at least 7 days' notice.
5. Personal data will not be transferred to third countries or other entities without the explicit consent of the Service Recipient, except where required by law.
6. The Service Provider commits to promptly informing the Service Recipient of any data protection breaches and taking necessary steps to minimize the risks and effects of such breaches.
7. The Service Provider supportsthe Service Recipient in fulfilling its obligations under the GDPR, including responding to data subjects' requests for access, rectification, deletion, or restriction of data processing.
8. The Service Provider allows audits and inspections by the Service Recipient or an authorized auditor concerning personal data processing, cooperating to demonstrate compliance with applicable legal provisions.
9. In cases involving the processing of biometric data or other sensitive data, the Service Recipient is obligated to obtain explicit consent from users and conduct a legal analysis of the data processing's legality in accordance with Article 9(2) of the GDPR.

1. The Service Provider reserves the right to make changes to the Regulations. These changes can be made for various reasons, including legal, technological, or quality improvement purposes related to the Services. Any changes to the Regulations will be communicated to Service Recipients and Users through the Proplanum Platform and via an email sent to the address provided during registration. The changes will take effect 14 days after they are published on the Proplanum Platform, unless a different effective date is explicitly indicated. If the Service Recipient does not accept the revised Regulations, they can file an objection within 14 days from the date of receiving the notice about the changes, leading to the termination of the Agreement at the end of the current Package. The Service Recipient retains the right to export their data and receives a refund for the unused portion of the fees. Failure to object within the specified timeframe indicates acceptance of the new Regulations.
2. The Service Provider limits its liability to damages caused intentionally, especially concerning the provision of electronic services to entrepreneurs. The Service Provider's liability for defects is excluded.
3. The Service Recipient undertakes not to upload into the Proplanum Application, Mobile Application, and Proplanum Platform any data or information that is illegal or infringes on the rights of third parties. In the event of third-party claims related to such data or information, the Service Recipient indemnifies the Service Provider from liability and agrees to cover any potential damages.
4. The Service Recipient grants the Service Provider a non-exclusive, non-transferable license to use their trademark on the Proplanum website, to the extent necessary to identify the Service Recipient as a client of the Service Provider.
5. In matters not regulated by the Regulations, Polish law applies.
6. Disputes arising from the implementation of the Regulations will be resolved amicably by the Service Provider and the Service Recipient. If an agreement cannot be reached within 30 days of calling the other party to negotiate, the dispute will be submitted to a common court with local jurisdiction over the Service Provider's headquarters, unless the law mandates a different court.
7. The Regulations are continuously available on the Proplanum website and in the Proplanum Application, in a way that allows them to be printed, saved to a device, or downloaded by Service Recipients and Users.