Rules of application
These regulations, hereinafter referred to as ‘Regulations’, specify the rules, scope and conditions for the provision of the Dature Service (previously referred to as Smartstock service) by Smartstock spółka z ograniczoną odpowiedzialnością with its registered seat in Poznań (address: ul. Królowej Jadwigi 43, 61-817 Poznań) entered into the register of entrepreneurs by the District Court Poznań - Nowe Miasto I Wilda in Poznań, VIII Economic Department of the National Court Register under KRS number 0000802331, NIP number 7812000413, hereinafter referred to as ‘Smartstock’.
1. Definitions
By the wording used in these Regulations it is understood:
‘Day’ means a calendar day.
‘Business day’ means a day from Monday to Friday excluding public holidays in Poland.
‘Affiliate’ means any legal entity that is held by a party, owned by a party or jointly held with a party. ‘Possession’ means, for the purposes of this definition, more than a 50% interest in an entity.
‘Customer Data’ means the data provided by the Customer in the format required by Smartstock necessary for the proper provision of the Product services, in particular sales history, stock levels, stock indexes, necessary for the proper operation of the Product. The Customer Data is defined in the Product Documentation.
‘End User’ means any user to whom the Customer allows access to Customer Data provided as part of the Dature Services or otherwise enables the use of the Dature Services.
‘Dature Service‘/’Product’ means the Dature Premium or Dature Enterprise service provided by Smartstock, which the Customer orders in the Customer Order.
‘Evaluation Version’ is an evaluation version, beta version or other pre-release or pre-release available feature of the Dature Services made available by Smartstock for the purpose of obtaining Customer feedback on it.
‘Subscription’ is the registration made for the use of the Dature Services for the relevant Term as set forth in the Customer Assignment. The Customer may purchase several Subscriptions, which may be administered separately and which will be subject to the provisions of a separate Customer Assignment.
‘Validity Period’ is the period of validity of the Subscription specified in the Customer Order.
‘Account’ - the set of resources and entitlements within the Dature Service assigned to the Customer through which the Customer or an End User authorised by the Customer may use the Services provided.
‘Subscription Licence’ (LS) - the right to use the Dature Services within the selected Product for the period and on the terms indicated in this Agreement. LS is granted on an account activation basis. Details on account creation are provided in the Product Documentation.
2. Subject of the Agreement, types and scope of services
The subject matter of the contract is to grant the Customer access to the Dature Service (Product) operating at the address indicated in the Order, enabling the Customer (including End Users authorised by the Customer) to use the services offered and provided electronically by Smartstock (in accordance with the Order, these Terms and Conditions and other annexes), in particular the services enabling the calculation of demand forecasts and the generation of stocking recommendations (depending on the Product listed in the Customer Order).
To the extent that the Dature Service is based on the use of external technology or resources (Microsoft Azure) in view of their acceptance and approval of the terms and conditions of use by the Customer, the accepted terms and conditions of the external technology provided by the Supplier shall also apply accordingly.
3. Conclusion of the Dature Services Agreement
The Agreement for the provision of the Dature Service is concluded by the acceptance of the Customer's completed Order and acceptance of these Terms and Conditions by the Customer. The Customer is obliged, when entering data to complete the Order, to provide data which is truthful, accurate and up-to-date, not misleading and does not infringe the rights of third parties.
The Customer shall be solely responsible for the content provided by it or provided by the designated End Users of the Customer. All content and data sent by third parties authorising themselves with the data of the Customer or its End Users will be attributed to the Customer.
4. Conditions of service
A. Right of use.
Smartstock grants the Customer the right to access and use the Dature Service as further described in the Terms and Conditions. Smartstock reserves all rights not expressly granted to the Customer.
In order to use the Dature Services, it is necessary for the Customer or its End Users to accept the terms of the Agreement regarding the Microsoft Azure cloud.
B. Authorised use.
The Customer may only use the Dature Services in accordance with the terms of the Order and these Terms and Conditions. Customer may not reverse engineer, decompile, disassemble or circumvent technical limitations on the Product. Customer may not disable, modify or otherwise attempt to circumvent mechanisms designed to measure Customer's use of the Dature Service. The Customer may not rent, lease, lend, resell, transfer or host the Dature Service or any part thereof to or for the benefit of third parties, unless expressly permitted by the provisions of the relevant terms and conditions.
C. End-users.
The Customer shall control access to the Dature Service by End Users. In addition, Customer shall be fully responsible (as if for its own act or omission) for End Users' use of the Dature Service in a manner consistent with the Order and the Terms and Conditions. Neither the Customer nor persons accessing the Dature Service through the Customer shall be permitted to use the Dature Service:
I. in a manner inconsistent with the provisions of law ( statutory, regulatory), the terms and conditions of the Order and the Terms and Conditions;
II. in a manner which infringes the rights of third parties;
III. to gain unauthorised access to or interfere with other services, devices, data, accounts or networks;
IV. for the purpose of sending spam or spreading malicious software;
V. in a manner that may be detrimental to the Dature Service or interfere with the use of the Dature Service by others;
VI. to the detriment of Smartstock.
A breach of the Order or the Terms and Conditions may result in the suspension of access to the Dature Service. Smartstock will only suspend access to the Dature Service to the extent and for such time as is reasonably necessary. Unless Smartstock deems it necessary to suspend a particular Dature Service immediately, it will give reasonable notice of its intention to do so. The period of suspension shall continue for the duration of the clarification of potential concerns.
D. Customer details.
The Customer is solely responsible for all Data within its Account. The Customer shall ensure that Smartstock has all rights in the Data necessary for Smartstock to provide the Dature Service to the Customer without infringing the rights of any third party and without otherwise imposing obligations on Smartstock to the Customer or any third party. Smartstock does not now, nor will it in the future, assume any obligations in respect of Customer Data or Customer's use of the Dature Service other than those expressly set out in the Order or the Terms and Conditions or required by law. Customer retains ownership of the Data necessary to use the Dature Service and grants Smartstock a limited, non-exclusive, non-transferable right to use, transmit and distribute the Data for the purpose of providing the Service to Customer. Smartstock may use the Customer Data to improve the Service, statistics and analysis, during and after the Service, at its sole discretion, as long as the Data disclosed does not identify the Customer. Customer Data may also be accessed by entities other than Smartstock, in particular, entities whose access rights derive from the Microsoft Cloud Agreement or its provider in accordance with the terms and conditions established by Microsoft, as well as entities whose access to Customer Data is necessary to enable the provision of the Dature Service to the Customer
E. Responsibility for client accounts.
Customer is fully responsible for maintaining the confidentiality of any non-public authentication credentials related to Customer's use of the Dature Service, including password and login. Customer must promptly inform Smartstock of any potential misuse of Customer's accounts or credentials and of any security breach related to the Dature Service. The Customer assumes all risks of data deletion, unavailability and service interruptions resulting from circumstances for which the Customer is responsible.
F. Administration platform.
The Customer will be able to add and remove End Users as described in the Product Documentation.
G. Common data directory.
When a Customer orders the Dature Service using an e-mail address located in the domain of the organisation with which it is associated, the Dature Service adds the Customer to a directory of users using the same e-mail domain. The Customer's details included in the directory (name, date of sign-up and email address) may be visible to other Dature Service users from the email domain of the Customer's organisation.
H. Evaluation (Familiarisation) versions.
Smartstock may make Evaluation Versions of the Dature Service available. Evaluation Versions are provided ‘as is’, with all defects and as available, and are not covered by the Terms of Service, the Support Level or any limited warranties. The Preview Versions are not covered by Technical Support. Smartstock may, at any time and without notice, change or discontinue providing the Familiarisation Versions.
I.Licensing of Dature Services.
It is the Customer's responsibility to obtain and assign the appropriate subscription licenses (SL) required to use each Dature Service. Each User who accesses a Dature Service must have an SL assigned to the User, unless otherwise specified in the Customer Order. The Customer may not use any individual Dature Service after the SL relating to it has expired.
J. Technical conditions.
All technical conditions allowing the Customer or End User to use the Dature Service are described in the Product Documentation.
K. Technical limitations.
The Customer must comply with any technical limitations of the Dature Service as described in the Product Documentation provided, enforcing use only in a certain way. The Customer must not attempt to circumvent these limitations.
L. Changes and availability of the Dature Service.
Smartstock may make changes to any Dature Service for commercial, functional or legal reasons. Smartstock may modify or terminate the Dature Service in any country where governmental authorities have imposed requirements on Smartstock that (1) are not generally applicable to companies operating in that country, (2) constitute circumstances that make it difficult for Smartstock to continue to provide the Dature Service without modification, or (3) lead Smartstock to believe that these provisions or the Dature Service may conflict with such requirements. If Smartstock terminates the Dature Service for reasons related to applicable regulations, Customers will receive a discount equal to the amount paid in advance for the period after the date of termination.
M. Compliance with the law.
Smartstock shall not be responsible for compliance with any laws applicable to the Customer or the industry in which the Customer operates, nor for the Customer's use of the Dature Service as part of that business.
Smartstock does not determine whether Customer Data contains information subject to specific laws. Customer shall comply with all laws applicable to Customer's use of the Dature Service, including laws relating to privacy, personal data, data protection and maintaining the confidentiality of information transmitted.
It shall be the Customer's responsibility to determine whether the Dature Service is suitable for storing and processing information which is subject to any specific laws or regulations and to use the Dature Service in a manner consistent with its legal obligations. It is the Customer's responsibility to respond to any requests from third parties regarding the Customer's use of the Dature Service.
N. Professional Services.
Any configuration, migration and implementation services of the Smartstock Services that are not covered by the Order or these Terms and Conditions require the conclusion of a separate Professional Services Agreement.
O. Withdrawal of services and functions.
3 months prior to the removal of any significant feature or the discontinuation of the service, Dature will notify the Customer of such step, unless faster removal is required for security, legal or system performance reasons. This does not apply to Evaluation Versions.
5. Acquisition of Services
A. Ordering the Dature Service
Acquisition of the Service takes place on the basis of the Order accepted by the Customer. The Customer declares in advance that he has purchased the specific Products to be used during the Term and agrees to pay in accordance with the terms and conditions described in the Order.
For a limited period of time, the Customer may receive a limited Dature Service free of charge as part of the Subscription in Evaluation Version (so-called Limited Offer). In this case, the provisions regarding pricing, cancellation fees, payment and data storage may not apply.
B. Ordering.
By ordering or renewing a Subscription to the Dature Service, the Customer agrees to the terms and conditions of the relevant Subscription as set forth in the Customer Assignment. Unless otherwise stated in the Customer Assignment, the Dature Service is offered ‘as available’. The Customer may place orders on behalf of its Affiliates and grant them the administrative rights necessary to manage the Subscription. However, Affiliates may not place Orders under this Agreement. If the Customer grants any rights to an Affiliate in relation to the Subscription, the Affiliate shall become bound by the terms of use and the Customer shall be jointly and severally liable for all actions taken by the Affiliate in relation to the Customer's use of the Product.
Under certain offers, you may modify the number of Dature Services ordered during the Subscription Term. The additional number of Dature Services added to a Subscription will expire when that Subscription expires.
C. Prices and payments.
The provision of Dature Services is subject to payment. Payments are due and must be paid in accordance with the terms of the Customer Order.
The price level is determined by the Dature Services ordered and the applicable Price Formulae included in the Customer Assignment. Within certain offers, the number of Dature Services ordered during the Term may be modified, and the price level may also be adjusted accordingly.
Changes in price levels will not have retroactive effect. During the Subscription Period, the prices for the Dature Services relating to the Customer's Subscription will not increase compared with the prices stated in the Customer Assignment at the time the Subscription began. Exceptions to this are items with prices designated in the Customer Assignment as provisional and Evaluation Versions. All prices and payment conditions are subject to change at the beginning of each Subscription renewal period. Changes in prices and payment terms shall be communicated to the Customer prior to the expiry of the Subscription Period in the form of a new Customer Assignment for the subsequent Subscription Period.
D. Prolongation.
The Customer may declare in the Customer Assignment that the Subscription is automatically renewed for a subsequent Subscription Period. Failure to indicate in the Customer Assignment the option for automatic renewal will result in termination of the Subscription as of the expiry date of the Subscription Term stated in the Customer Assignment. The Customer may change this choice at any time during the Term, but no later than 14 days prior to the expiry date stated in the Customer Assignment. Prior to the expiry of the Term, Smartstock shall notify the Customer of the upcoming Expiry Date and transmit to the Customer an Order for a subsequent Term on the terms and conditions contained in the said Order.
In the case of a Restricted Offer, renewal may not be permitted.
E. Taxes.
The Customer must pay any applicable value added taxes, sales taxes, income taxes or other transaction taxes, wages, fees, surcharges or statutory charges or similar amounts required in relation to the use of the Dature Service and which Smartstock may collect from the Customer under applicable law.
The Customer shall be fully responsible for any and all legal transaction taxes and other taxes required by law, including taxes related to the distribution or provision of the Products to the Customer's Affiliates.
6. Duration, suspension and termination
A. Contract duration and termination.
The agreement for the use of the Dature Services is valid for the period indicated on the Customer Assignment.
B. Termination of Subscription.
If the Customer terminates the Subscription to the Dature Services during the Term, the terms of any refunds of payments made by the Customer shall not apply, and in the case of monthly payments the Customer shall pay the amounts due for the remainder of the Term in accordance with the Customer Assignment.
C. Restricted Offers.
Smartstock may terminate the Limited Offer Subscription at any time during the Term with immediate effect and without notice.
D. Suspension of benefit.
Smartstock may suspend the Customer's use of the Dature Services if:
I. there is a legitimate need to prevent unauthorised access to Customer Data;
II. The customer fails to respond within a reasonable time to the report of an alleged infringement of third-party rights;
III. The Customer fails to pay the amounts due under the terms of use of the Dature Service or;
IV. The Customer violates other provisions of the Terms of Use or fails to comply with the rules listed in the Terms of Use;
In the case of Restricted Offers, the Subscription shall become inactive due to the Customer's failure to use the Dature Services as specified in the Customer Assignment. If one or more of the above conditions occur:
I. in the case of Limited Offers - Smartstock may immediately suspend the Customer's use of the Dature Services or Subscription and account without notice;
II. for all other Subscriptions, the suspension will apply to the smallest necessary portion of the Dature Services and only while the circumstance or necessity exists.
Smartstock will notify the Customer in advance of the suspension, unless in Smartstock's opinion there is a need for immediate suspension.
Smartstock will notify the Customer of a suspension due to non-payment at least 14 days before the suspension is implemented.
If the Customer does not fully remove the reasons for the suspension within 30 days from the date of suspension, Smartstock may terminate the Customer's Subscription and delete the Customer Data without retaining the data retention period.
In addition, Smartstock may terminate a Customer's Subscription if the Customer's ability to use the Dature Services is suspended more than twice in any 12-month period.
In the event of suspension for the reasons referred to above or termination of the terms of service by Smartstock, the Customer shall be obliged to pay all payments in accordance with the Order - insofar as it has not previously paid them.
7. Warranty and guarantee.
A. Limited warranty
Smartstock warrants that for the Term the Dature Service will perform substantially as described in the Product Documentation provided. If the Product fails to meet the terms of this warranty, Smartstock will, at its sole discretion, repair the Product.
In terms of the relevant level of service provision, Smartsock will provide technical support to the Customer under the terms of the Technical Support Service Level Agreement.
B. Exclusions of liability under the limited guarantee.
This limited guarantee is subject to the following limitations:
I. liability for any implied warranty, guarantee or other assurance which cannot be excluded by law shall apply only for the Term;
II. does not cover problems caused by accident, abuse or misuse of the Products contrary to this Agreement, the Terms and Conditions, the Order or the Product Documentation and instructions provided by Smartstock or events arising for reasons beyond Smartstock's control, e.g. interruption of the Customer's access to the Internet or service interruptions due to failure of third parties to fulfil their obligations;
III. nie ma zastosowania do Wersji Ewaluacyjnych ani Oferty Ograniczonej.does not apply to the Evaluation Versions or the Limited Offer.
C. Disclaimer.
Subject to this clause, Smartstock makes no express, implied, statutory or other warranties or guarantees, including warranties of merchantability or fitness for a particular purpose. The foregoing disclaimer shall not apply to the extent not permitted by applicable law.
8. Defence against claims
A. Defence.
Smartstock undertakes to defend the Customer against all claims made by unaffiliated third parties for infringement by the Product of their patent, copyright or trademark rights or for the unlawful use of their trade secrets.
The Customer shall defend the interests of Smartstock against any claims made by unaffiliated third parties that the Customer Data, the Customer Solution, the Non-Smartstock Products or the services that the Customer makes available directly or indirectly in connection with the use of the Product infringes their patent, copyright or trademark rights or unlawfully makes use of their trade secrets or the claims result from a violation of the Permitted Use Policy.
B. Restrictions.
Smartstock's obligations set out in paragraph A above will not apply if the claim or court judgment is in respect of:
I. any Customer Solution, Customer Data, Non-Smartstock Products, modifications made by the Customer to the Product, services or materials provided or made available by the Customer as part of the use of the Product;
II. Customer's combination of the Product with Customer Data or Non-Smartstock Product, data or business processes or compensation based on the value of such Customer Data, Non-Smartstock Product, data or business process;
III. Customer's use of the Dature trademark without Smartstock's prior express written consent or Customer's use of the Product after Smartstock has notified Customer to cease such activities in connection with a third party claim;
IV. distribution by the Customer of the Product to unaffiliated third parties or use of the Product for the benefit of such third parties; or
V. Products made available free of charge.
C. Eligibility.
If Smartstock reasonably believes that a claim within the meaning of clause 8.B.i. above may result in a prohibition of the Customer's use of the Product, then Smartstock:
I. obtain for the Customer the right to continue using the Product or
II. modify the Product or replace the Product with a functional equivalent and then notify the Customer to cease using the previous version of the Product. If the aforementioned options are not commercially reasonable, then Smartstock may terminate the Customer's right to use the Product and subsequently refund all prepayments paid for unused Subscription rights.
D. Commitments.
In the event that the claims set out in the provisions contained in clause 8 of the Rules arise, the Parties are obliged to notify the other party immediately.
The party seeking protection must give the other party exclusive control over the conduct of the defence and any settlement of the claim and provide the other party with reasonable assistance required to conduct the defence of the claim.
The party providing protection will reimburse the other party for reasonable out-of-pocket expenses arising from the provision of such assistance and will pay the amount arising from an adverse final court judgment or settlement. The parties' respective rights of defence and the payments awarded or agreed upon (or from a settlement that the other party accepts) under this clause shall be in lieu of any indemnification rights or similar rights under state or common law. In addition, the parties waive the exercise of any such common law or state law rights.
9. Limitation of liability.
It is important to remember that demand forecasting and stocking recommendations cannot accurately predict what will happen to a Customer's business in the coming days, weeks, months or years - for this reason, Dature Services only provides estimates generated by algorithms implemented in the Product.
Consequently, Smartstock does not guarantee the accuracy of the content provided by the Dature Service and shall not be liable for damages or losses of any kind arising out of or in any way connected with the use of the Product, including the recommendations and forecasts generated.
A. Limitation.
Each party's aggregate liability for any claim arising out of the use or provision of the Dature Services shall be limited to the value of direct damages up to the maximum amount paid hereunder for the Dature Services during the 12 months prior to the cause of action; provided that in no event shall any party's aggregate liability for any Dature Services exceed the amount paid for such Dature Services during the Subscription Term.
Smartstock's liability for Products offered free of charge is limited to the value of compensation for direct damage up to a maximum of PLN 1,000.00 (one thousand).
B. Disclaimer.
Neither party shall be liable for loss of revenue or retributive, special or consequential damages, nor for lost profits or revenues, business interruption or loss of business information, even if it has been advised of the possibility thereof or it was reasonably foreseeable.
incorrect data provided by the Customer at the Ordering stage or when using the Dature Services;
I. incorrect data provided by the Customer at the Ordering stage or when using the Dature Services;
II. the use of the Services by the Customer or its End Users in a manner inconsistent with applicable law, these Terms and Conditions or accepted good practice in this respect, including for damages arising in connection with the Customer's failure to provide adequate safeguards against interception of authorisation data or the Customer's making such data available to unauthorised or untrustworthy persons;
III. inability to make proper use of the Dature Services due to technical limitations, including data transfer speed, or malfunction of the equipment used by the End User;
IV. lack of access to the Services for reasons beyond Smartstock's control.
C. Exceptions to restrictions.
The limitations of liability set out in this section apply to the maximum extent permitted by applicable law, but do not apply to: (1) the parties' defence obligations or (2) infringements of the other party's intellectual property rights.
10. Security of data entrusted to Smartstock in connection with the provision of the Dature Services.
A. Client details.
The data necessary to provide the Dature Services remain the property of the Customer, who is the Data Controller.
After 7 days from the termination of the Dature Services Agreement, the data entered by the Customer is irretrievably deleted, with no possibility of recovery.
B. User data.
Data relating to End Users using the Dature Services entered into the Account and enabling them to be identified will be stored by Smartstock in accordance with data protection legislation and in particular the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter ‘GDPR’).
Users' data will be processed to the extent necessary to:
I. to grant access to the Dature Services on the basis of Article 6(1)(b) GDPR vis-à-vis the contract for the use of the Dature Services for a period not exceeding the duration of the provision of the services or the validity of the User's access rights;
II. the handling of complaints or the establishment, investigation or defence of claims - on the basis of Article 6(1)(f) GDPR, for the period of limitation of the relevant claims;
III. fulfilment of legal obligations - on the basis of Article 6(1)(c) GDPR, for the period indicated in the law;
IV. to compile statistics or improve the quality of the services provided in accordance with Article 6(1)(f) GDPR for no longer than the duration of the services.
The Customer shall be fully responsible for providing Smartstock with End User data and shall be obliged to notify individual Users using the Dature Services of Smartstock's processing of their data and the terms of use of the Dature Services. The provision of End User data is necessary to grant access to the Dature Service.
C. Access to data
In addition to Smartstock, data may also be accessed by third-party providers of software, networks, hosting and any service necessary for the provision of the Dature Services, to transmit information via the server for statistical purposes in order to offer the Customer or the User better and more personalised functions and navigation. Data may also be made available to entities other than those indicated above who have the right of access under applicable law, such as public authorities.
D. Data security
All data stored by Smartstock is protected and secured against external interference and against unauthorised internal access (i.e. against access by unauthorised Smartstock employees).
Data will be stored by Smartstock on servers equipped with professional voltage backup systems and additional data backups will be made.
E. End-user's rights with regard to the processing of his data
The End User, in relation to the processing of data concerning him and which may constitute a subject of personal data protection, has the right to access the content of his/her data and the right to rectification, erasure, restriction of processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of the processing performed on the basis of consent before its withdrawal, as well as the right to lodge a complaint to the supervisory authority (in Poland to the President of the Office for Personal Data Protection).
11. Complaints.
Any complaints about the Dature Services provided, can be made on the terms and conditions of support services or at:
I. e-mail: biuro@smartstock.cloud
II. or in writing to Smartstock (ul. Królowej Jadwigi 43 61-871 Poznań).
The complaint notification should contain the data of the complainant enabling a return contact to be made with him, as well as a precise description and indication of the reasons for the complaint.
Where an application is not covered by technical support it will be processed by Smartstock within 14 days of receipt of the application.
12. Final provisions.
A. Party notifications.
Notices must be in writing unless the terms of the Order or the Terms and Conditions permit another form. The date of delivery of a notice will be deemed to be the date of receipt of correspondence at the address given, the date of postal acknowledgement of receipt, the date of email or the date of acknowledgement of receipt by courier or fax. Written notices addressed to Smartstock should be sent to:
Smartstock Sp. z o.o.
ul. Królowej Jadwigi 43
61-871 Poznań
e-mail: biuro@smartstock.cloud
Notifications to the Customer will be sent to the address indicated by the Customer in the Customer Order as the contact address for sending notifications. Smartstock may send notifications and other information to the Customer by email or other electronic form.
B. Transfers of rights and obligations.
The Customer may not assign the rights or obligations under this contract in whole or in part or transfer the licence without Smartstock's consent.
The parties agree that Smartstock is entitled to transfer all or part, to the extent and at the time of its choice, of its rights and obligations to any third party, without any obligation to obtain any consent from the Customer. Smartstock is obliged to inform the Customer in writing of the transfer of all or part of the rights and obligations under this Agreement.
C. Disconnecting of provisions.
If any part of the Agreement is found to be unenforceable, the remaining provisions shall remain in force.
D. Waiver of provisions.
The inability to comply with any provision of these Dature terms of service shall not constitute a waiver of the exercise of rights.
E. No representation relationship.
These Regulations do not lead to the creation of a representative office, company or joint venture.
F. Third party rights.
No third party is a beneficiary regarding the terms of use of the Dature Service.
G. Governing law and place of dispute resolution.
The terms and conditions relating to the Customer's use of the Dature Services shall be governed by Polish law. Any disputes arising from the terms and conditions of use of the Dature Services shall be brought before the court having jurisdiction over Smartstock.
H. The entire agreement.
These Terms and Conditions as well as the Order and the other combined terms and conditions for the use of the Dature Services constitute the entire agreement on the subject matter of the contract and supersede any past or current arrangements made in this respect. In the event of a conflict between the provisions of the documents listed in the Terms and Conditions, which the other provisions contained in these documents do not expressly resolve, these documents shall prevail in the following order: (1) these Terms and Conditions together with the Customer Order, (2) the Terms and Conditions for Technical Support Services, (3) the relevant Offer Details and (4) any other documents mentioned in the Terms and Conditions or the Order.
I. Retention of validity.
The provisions of sections 1, 4, 5.c, 5.e, 7, 8, 9 and 10 of these Terms and Conditions shall continue to apply even after termination or expiry of the Dature Services Agreement.
J. Force majeure.
Neither party will be liable for any failure to perform resulting from causes beyond that party's reasonable control (such as fire, explosion, electrical power failure, earthquake, flood, cloudburst, strike, embargo, negotiations between employer and employees, acts of governmental or military authorities war, acts of terrorism, including cyber-terrorism, fortuitous events, acts or omissions of ICT network operators, acts or omissions of governmental authorities or administrative entities, including the passing of a law or the enactment of regulations or other legislation affecting the provision of the Dature Services). However, this section shall not apply to the Customer's payment obligations.