Terms of service

§ 1

Definitions

  1. Floomli – FLOOMLI Szymon Kumorowski, Raba Wyżna 128, 34-721 Raba Wyżna, NIP: 7352785475;
  2. User – the person having an Account within the Application and Portal on behalf of the Client;
  3. Client - an entity which has concluded an agreement with Floomli, with Floomli for the provision of services, including as a User or through a User;
  4. Billing period - 30 calendar days. Calculated separately for each service;
  5. Software - application, computer program, API, etc., including the Application and the Portal;
  6. Portal - a website accessible through a web browser at fgps.pl;
  7. Application - application installed on an Android or iOS device. The Application is available in:
  1. App Store under the name Floomli GPS from the publisher Floomli;
  2. Google Play under the name Floomli GPS from the publisher Floomli.
  1. Service Agreement - a separate agreement for the use of services provided by Floomli, in the absence of a separate agreement, this term should also be understood as the Terms of service;
  2. Device - only devices supplied or approved for use by Floomli;
  3. Visitor - a natural or legal person, or an organizational unit which does not have a User Account on the Platform as part of its use;
  4. Object - a vehicle, place or other physical object, the parameters of which are monitored by the device, as long as it is possible to connect the device to the object;
  5. Other Device - means devices purchased from an entity other than Floomli;
  6. External Service - means a service provided by an organization or entity other than Floomli, including public services (e.g., those provided by or contracted for by a state, local government or public entity).

§ 2

Scope of services - application

  1. The application, to the extent dependent on the offer selected by the Client and the capabilities of the purchased device, allows the User:
  1. remote viewing of data read by the device installed by the Client, access to archive data;
  2. connecting the device to the User's account; the User can connect any number of devices to his/her account;
  3. assigning the device to an object;
  4. use of External Services.
  1. Use of the Application requires a User account created via the Portal.
  2. Access to the Application is restricted to logged-in users only.

§ 3

Scope of Services – The Portal

  1. The Portal enables the User to:
  1. purchase on behalf of the Client services or devices;
  2. purchase and activation of a PrePaid code;
  3. linking a Device to the User's account;
  4. registration of User accounts;
  5. activation and use of an External Service.
  1. The Portal allows the Guest to:
  1. purchase Devices;
  2. purchase of a PrePaid code.

§ 4

Technical requirements

For the correct use of the services provided by Floomli, the following requirements must be met, respectively for:

  1. Device:
  1. being within the range of a mobile network - a requirement necessary for data transmission as part of the provision of services;
  2. Residence within the European Economic Area (if using a SIM card provided by Floomli);
  3. being within range of GPS satellites - to enable the geographical coordinates of the Device to be read.
  1. Applications:
  1. having an Android device with at least version 10.0 or later, or alternatively with iOS version 10.0  or later;
  2. Internet access;
  3. a registered User account on the Portal;
  1. Portal:
  1. Internet access;
  2. Internet browser Opera, Safari, Chrome or Firefox in the latest version;
  3. registered User account.

§ 5

Agreement conclusion

  1. The Agreement for the provision of services of access to the Application or the Portal is concluded at the moment of creating a User account.
  2. The agreement for the provision of payable services is concluded at the moment of their order by the User via the Portal or Application.
  3. The agreement for sale or delivery of the Device or other product shall be concluded upon crediting of the total amount of funds to Floomli's account.

§ 6

The model of cooperation

  1. The Client may use Floomli's services in one of the following three ways,with Floomli determining whether a particular way is available for a particular offering:
  1. Fixed Term Subscription;
  2. PrePaid;
  3. Subscription.
  1. PrePaid:
  1. A Client or Guest may purchase a PrePaid code through the Portal;
  2. the purchased code must be activated by assigning it to the selected Device, which will allow the use of Floomli services for the time and in the manner specified when the code was purchased;
  3. each PrePaid code can be activated only once and on one Device;
  4. in case of cancellation of the service paid for with an activated PrePaid code, Floomli will not refund any unused funds;
  5. PrePaid code shall expire (is forfeited) if not activated within 365 days as of purchase date.
  1. Fixed Term Subscription:
  1. Floomli will charge Client for Users using the Services or Devices attached to a User, on a per User basis in accordance with the Fixed Term Subscription selected;
  2. The User assigned to the Client has access to the Services to the extent specified in the applicable Fixed Term Subscription;
  3. fees may be charged for services outside the scope of the subscription or exceeding the scope specified in the subscription, as described in the Price List for PrePaid Services;
  4. A fixed term subscription agreement is entered into for the time period specified in the offering, after which time it is billed on a Subscription basis;
  1. Subscription:
  1. Floomli charges Client for Users using the Services or Devices attached to a User on a per User basis in accordance with the subscription plan selected;
  2. The Client may terminate the Services in whole or in part at any time, and this shall only apply at the end of the billing period for each Service.
  1. In a fixed term subscription or subscription model, the Client must provide details of a valid payment card and maintain it at all times and agree to have it charged by Floomli. If the card is unsuccessfully charged for services or Devices ordered, access to the services will be restricted or blocked
  2. On the basis of article 106n paragraph 1 of the Polish Act on tax on goods and services the User declares on behalf of the Client that he agrees to receive invoices, corrections of invoices, duplicate invoices and invoice attachments electronically, among others in PDF format to the e-mail address given in the Portal.
  3. The invoice shall be delivered to the e-mail address provided by the User in the Portal.

§ 6a

Services of other providers

  1. Subject to certain conditions, the User and the Client may use External Services using services provided by Floomli or Devices provided by Floomli.
  1. The terms of use of an External Service are determined by its provider and the Client and User are obligated to comply with them.
  1. Floomli does not provide the External Service, but enables the Client to use the External Service through the Portal, Application or Device. Floomli may also sell Devices intended solely for use with the External Service that cannot be used with the services provided by Floomli.
  1. Before using the External Service or purchasing Device for the External Service, the Client and User must comply with the following obligations:
  1. read the terms and conditions of the External Service, e.g. the agreement, terms and services, price list, contraindications, technical requirements, etc;
  2. read the operating instructions provided by Floomli for the Device;
  3. review information about the External Service, whether from Floomli or your supplier;
  4. review warnings about the External Service.
  1. When using the External Service, Client and User must:
  1. follow the information provided by Floomli;
  2. follow the operating instructions for the Device;
  3. comply with any announcements in the Application or Portal;
  4. use only Devices that are clearly identified as being for a particular External Service;
  5. not alter, modify or otherwise interfere with the Device, Application or Portal.
  1. Any complaints regarding an External Service must be filed with a provider of the External Service.
  1. Floomli is not liable for any damages suffered by Client or User in connection with the use of an External Service.

§ 6b

Use of Other Devices

  1. In some cases, Floomli allows you to use the External Service or Services, using Other Devices.
  1. The User or Client use in connection with the Floomli Services and purchase Other Devices at their own risk.
  1. Floomli does not guarantee the correct operation of its own services or External Services with Other Devices.
  1. When using Other Devices, you must comply with the technical requirements of these Terms, including the requirements for Devices.

§ 7

Suspension and blocking of the account

Floomli may block a User's account in the event that:

  1. It violates the User's obligations;
  2. The Client has not paid (in full or in part) for the User's use of the Services;
  3. Has undertaken attempts or actions that interfere with the operation of the Portal, Application or Device.
  4. Abuses the services provided by Floomli;
  5. Client or User uses SIM cards provided by Floomli for purposes other than transmitting data collected by the Device to Floomli.
  6. The User or any person acting on behalf of the Client violates the terms of the License Agreement.

§ 8

Responsibilities of the User

The User shall comply with the following obligations:

  1. Does not share the password to the Portal or Application with any other person or entity;
  2. Does not introduce unlawful content to the services;
  3. Not to use the Application, Portal or Device for illegal activities, in particular for committing crimes.

§ 9

Limitations of services

The use of the services provided by Floomli under the Terms of Service is subject to the following limitations:

  1. Remote software updates to the Device may be limited or stopped altogether if Client uses a SIM card other than the one purchased from Floomli with the Device.
  2. Floomli provides the Device with SIM cards suitable for telemetry transmissions, if the card is misused the operator may block it temporarily or permanently, for which Floomli is not responsible. The operator's terms of service are available at www.truphone.com/legal/website-terms-and-conditions/
  3. Delivery of the Device or access to the Software, Application or Portal may be temporarily limited or suspended due to:
  1. Floomli's maintenance work, changes, updates, etc. Floomli will provide in advance, via the Application or Portal, information about the planned works, their date and duration. In cases requiring urgent work (e.g. failure, security risk, etc.), access may be restricted or suspended without prior notice;
  2. Force majeure or act of God, in particular: failure or unavailability of servers or services (e.g. cloud computing) used by Floomli, the occurrence of an epidemic or pandemic or the declaration of an epidemic or pandemic, flood, war, declaration of a state of war, declaration of a state of emergency, declaration of a state of natural disaster, limitation or loss of access to electricity, strikes, riots, natural or industrial disaster, decision of an authority or court ruling, partial or total GPS signal disruption or interference caused by natural or human factors.
  3. Operation of an External Service Provider. Any communication as to the operation of such service shall be made by the provider of such service.

§ 10

Other provisions

  1. Floomli grants to the Client and its Users a license to use the Application, the Portal and the Software on the terms and conditions described in the Licence Agreement constituting Appendix No. 1 to the Terms of Service fgps.pl/pl/licencja
  2. Details of cooperation between Floomli and the Client in scope of personal data protection are regulated in a separate document - Data Processing Agreement fgps.pl/pl/powierzenie-danych
  3. The Client agrees that the data collected in the services can be used by Floomli, in anonymized form, to improve the provision of services and the development of other services or products by Floomli.
  4. Floomli's liability to the Client or User is limited to the amount of 300 PLN for one and all events. Floomli is also not liable for lost profits. The above shall not apply to consumers.

§ 11

Claims

  1. User may submit a claim to Floomli:
  1. By email at: [email protected]
  2. By post to Floomli's address Floomli as stated in §1.
  1. Floomli will investigate the complaint and send a reply to the User within 30 days.

§ 12

Changes

Floomli is entitled to unilaterally change the Terms of serviceor the appendixes by sending information about the change at least 14 days in advance to the e-mail address of the Client. Lack of objection until the date when the changes become effective means that the changes have been accepted. If an objection is raised within the aforementioned period, Floomli will terminate the service as soon as the changes come into effect.

§ 13

Termination and withdrawal

  1. Each of the Parties may terminate the Agreement with a three-month notice period, whereby termination of the Agreement in the case of:
  1. Fixed term subscription settlements - is effective at the end of the agreed fixed term subscription period;
  2. subscription settlements - is effective at the end of the billing period;
  1. PrePaid Codes purchased and not used before the end of the notice period are not refundable.
  2. The User shall provide notice of termination by email to [email protected] and Floomli shall provide notice of termination to the User's email address provided as part of the use of the Service.
  3. The right of withdrawal is subject to the conditions granted by law , Floomli may extend this right by expressly stating this in the offer.

Update: 02.10.2021