dated April 10, 2024,

hereinafter referred to as the “Terms and Conditions”

§1 General Provisions

1. These Terms and Conditions constitute the regulations for the provision of electronic services referred to in Article 8, paragraph 1, point 1 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344, as amended).
2. The Terms and Conditions relate to the provision of electronic services via the website available at the address www.fastive.com (hereinafter referred to as the “Website”).
3. Fabrity sp. z o. o., with its registered office in Warsaw at Domaniewska Street 44a (02-672 Warsaw), entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000274076, NIP (Tax Identification Number) 5213421691, REGON (Statistical Number) 140865906, hereinafter in the Terms and Conditions referred to as the “Service Provider,” introduces these Terms and Conditions in order to define the type and scope of services provided electronically, the conditions of providing these services, including the technical requirements and conditions of concluding and terminating contracts for the provision of electronic services, as well as the complaint procedure available to the Website user.

§ 2 Types and Scope of Electronic Services Provided

1. Via the Website, the Service Provider provides the Website user, free of charge, with the service of accessing the content contained on the Website and a service allowing the Website user to contact the Service Provider, including for the purpose of presenting a proposal to provide the user with a demo version of Fastive software under conditions agreed with the Service Provider.
2. The Service Provider may also provide other services to Website users than those indicated in paragraph 1 above based on separate agreements, including a service involving the provision of a demo version of Fastive software.
3. The sending of commercial information to the Website user by the Service Provider takes place only with the user’s prior consent given for this purpose, in accordance with the commonly applicable legal provisions, in particular the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344, as amended) and the Act of July 16, 2004, Telecommunications Law (Journal of Laws of 2024, item 34, as amended).

§ 3 Conditions of Providing Electronic Services

1. The Service Provider provides the services to the Website user within the scope and under the conditions specified in these Terms and Conditions.
2. The user undertakes to comply with these Terms and Conditions and to use the Website and the services provided within the Website in a manner consistent with the law, respecting the personal rights, copyright, and intellectual property rights of the Service Provider and third parties.
3. The user is obliged to refrain from using the services provided by the Service Provider in a manner contrary to the law, good practices, or the justified interests of the Service Provider, and from supplying or transmitting to the Service Provider’s information technology systems content that infringes third-party rights, generally accepted social norms, or is inconsistent with commonly applicable legal provisions.
4. In the event that the Website user uses a service within the Website that requires the entry of data, including personal data, the user is obliged to provide data that is factually correct.
5. The Service Provider is not liable for damages caused by the use of the services in a manner contrary to the law, good practices, or in any other way inconsistent with these Terms and Conditions.
6. To use the Website, access to a computer, laptop, or mobile device with Internet access and an up-to-date web browser is necessary.

§ 4 Conditions for Concluding and Terminating Contracts for the Provision of Electronic Services

1. A contract for the provision of electronic services is concluded between the Website user and the Service Provider at the moment of displaying the Website’s content.
2. The user has the right to terminate the contract at any time during the use of the service by ceasing to display the Website.
3. In the event that the Website user has used a service within the Website that requires the provision of personal data for its implementation, the user has rights related to personal data protection as indicated in the Privacy policy under the conditions specified therein; in particular, the user has the right to rectify or delete their data when conditions justify such actions.

§ 5 Complaints

1. The user has the right to file a complaint in connection with the service provided electronically by the Service Provider via the Website in the manner indicated in this paragraph of the Terms and Conditions.
2. Complaints can be submitted in writing to the Service Provider’s address indicated in § 1 paragraph 3 of these Terms and Conditions or via email by sending a message to: contact@fastive.com.
3. The complaint should indicate the circumstances due to which the complaint is made, in particular the subject of the irregularity and the date of its occurrence, as well as the complainant’s request and the contact details of the complainant, enabling processing of the complaint and notification of the complainant about the method of resolving the complaint.
4. The Service Provider processes complaints immediately (i.e. without undue delay), however no later than within 14 days.
5. If it is not possible to process the complaint within 14 days, the Service Provider will notify the complainant before the deadline for processing the complaint of the reasons why processing the complaint within the aforementioned period is not possible, as well as the expected date of processing the complaint.
6. The Service Provider notifies the complainant about the method of resolving the complaint in the same way in which the complaint was submitted, unless the complaint clearly indicates that the response to the complaint should be sent in a different possible way of submitting it (by email or in writing).

§ 6 Information on Specific Risks Associated with Using the Electronic Service

1. In accordance with Article 6 point 1 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), the Service Provider hereby indicates that in connection with the use of the service within which the user provides data, the potential risk to the user includes:
   1. a. infection of the information technology system by unwanted software,
   2. b. interception of data transmission by third parties,
   3. c. the possibility of phishing for confidential personal information (e.g., passwords) by third parties pretending to be the Service Provider.
2. To avoid the above risks, the user should equip their computer and other electronic devices used to connect to the Internet with antivirus software and a network firewall. Such software should be kept up-to-date.

§ 7 Copyright

1. The Website address, the content of the Website, and the name of the software to which the Website relates are subject to copyright and are protected by commonly applicable legal provisions, including copyright and intellectual property law.
2. Any downloading, copying, modification, reproduction, transmission, or distribution of the content contained on the Website in any form or by any means is prohibited.

§ 8 Final Provisions

1. In matters not regulated by these Terms and Conditions, the provisions of commonly applicable law shall apply.
2. The Service Provider reserves the right to make changes to the Terms and Conditions for important reasons, especially in the event of a change in legal regulations to the extent that these changes affect these Terms and Conditions.
3. The Terms and Conditions are available at the Service Provider’s office and on the Website for download in electronic form in PDF format (a program for reading documents in PDF format, e.g., Adobe Acrobat Reader, is required).