Bleesk Sp. z o.o. - Bleesk Sp z o.o. Company located in Krakow 31-315, ul. Radzikowskiego 61d/ 5; NIP 945-218-50-14, KRS nr 0000563762.
Partner - legal person that uses the service with the function of Manager, confirming their agreement to the following terms and conditions
2. Definitions. When used herein, the following words and expressions shall have the corresponding meanings:
Bleesk Sp. z o.o. - Bleesk Sp z o.o. Company.
Partner - businessman or company that uses the service with the function of Manager.
Manager Function - Ability to manage Manager's group of customers.
Customer - legal person who is a partner's client and uses the service at the Partner's Manager type Account.
Bleesk Apps - Mobile application that allows downloading of contents on mobile phones.
Bleesk Fleet - Mobile application that allows managing beacons and WiFi spots.
Bleesk Fleet Web - Web application that allows managing beacons and WiFi spots.
Service - Internet and mobile service consisting of Bleesk Apps, SDK and Bleesk Fleet Web.
User - the user of the receiving device (for example: mobile phones, tablets).
Content - means any and all information (in all formats, whether currently existing or which may in the future exist) created by Partner, Customer or Bleesk Sp. z o.o. and submitted to be included in the Service, including, without limitation texts, video and audio files, images, visual files, names and logos.
Spot - One beacon or one WIFI spot or one geolocation spot or one URL or one qrcode spot.
3. At the moment of registration in the service, Partner agrees to abide by these terms.
4. Bleesk Sp. z o.o provides to the Partner a service, and Partner shall incur proper fees for it.
5. Partner has a Manager account that allows him to manage his customers, spots and his customers’ contents.
6. Subscription and monthly fees depend on the maximum number of spots (determined by the instantaneous maximum number of spots, regardless of the time of their use), added to the Service by the Partner or Customer and additional features used in a given period. The settlement period is 1 (one) calendar month. Invoice price depends on the number of spots added and additional features used in the previous calendar month. Invoices are issued at the beginning of each calendar month with the 7 days payment deadline.
7. For each Demo CMS access subscription there is a prepayment taken. There is no refund for Demo CMS subscriptions.
8. Partner is obliged to pay fees for his Customers.
9. Prices and payment terms may change. Bleesk Sp. z o.o will inform every Partner about the changes via e-mail on the address given in the registration process. Changes will start to take effect in next charging period (month).
10. Payment for the service will be paid by bank transfer to the Bleesk Sp. z o.o. account indicated on the invoice or via the online payment system. Following currencies are permitted: PLN, EUR, USD.
11. The payment deadline is 7 (seven) days from the date of invoice. The date of money transfer into the Bleesk Sp. z o.o. account decides.
12. Partner agrees on getting electronic invoices and resigns from receiving these documents in writing.
13. In case of non-payment Bleesk Sp. z o.o. has the right to suspend the service (deactivate account) until getting payment, and if the delay in the payment is prolonged (1 month) - terminate the contract (delete the account) with immediate effect due to the fault of Partner. Bleesk Sp. z o.o. has right to charge an additional fee for restarting the service.
14. This Agreement is an open-ended contract.
15. In case of a breach of the Agreement by the Partner, Bleesk Sp. z o.o. may terminate this Agreement at any time with immediate effect due to the fault Partner.
16. At the moment of the Agreement termination Bleesk Sp. z o.o. stops providing the Service.
17. Service works on devices using the following operating systems: Android* OS 4.3 and higher, Apple* iOS 7.0 and higher (hereinafter "Operational systems"). Bleesk Sp. z o.o. not warrant that the Bleesk Apps will work on all types of phone models, especially with new versions of Operational systems. *Apple is a trademark of Apple Inc., Android is a trademark of Google Inc.
18. White label integration is possible (WLS) with additional one time fees. White label solution apps or CMS or SDK are the same as current Bleesk CMS or Bleesk Apps or Bleesk SDK with added clients branding. In case of WLS, branded Bleesk applications will be submitted to the stores (Apple* App Store, Google Play Store) under Partner developer account and will include trademark and identify of the Partner. Design of the so called welcome screen of branded Bleesk application will be settled via e- mail or other communication channel and accepted by Bleesk Sp. z o.o. Branded Bleesk application will be available to download on same conditions as standard Bleesk App (fees, geo-availability, etc.). Bleesk Sp. z o.o. does not guarantee that the application will be accepted by App Store or Google Play stores. Other app deploy listings (like app description, screenshots, feature image, keywords, support webpage url, etc.) will be delivered by Partner and accepted by Bleesk Sp. z o.o. before branded apps release. In case of WLS integration all points in this agreement concerns also all branded Bleesk apps and services. After confirming the order by Partner, the rebranding process starts and from this moment money refund is impossible.
19. Bleesk Sp. z o.o will provide support for the Partner via e-mail and other remote communication channels. We shall make commercially reasonable efforts to provide a timely response and suggest solutions to all inquiries and support requests. Partner's support includes: providing instructions and help in emergency cases, helping to resolve blocking issues, helping to identify the nature of issues and propose a solution or fix. Partner is responsible for the customer's technical support and contacts.
20. Partner grants Bleesk Sp. z o.o free, limited, operating all over the world, revocable license to use Partner's trademarks, other intellectual property and content delivered to the Service for use in connection with the operation of the service. Partner warrants and represents that he has all legal rights necessary to grant Bleesk Sp. z o.o. the license specified above.
21. Partner acknowledges and agrees that Bleesk Sp. z o.o. will have the right (but not obligation), at its' sole discretion, to refuse to publish, to remove, and to block access to any Content Partner provides to the Service, at any time and for any reason, with or without notice to Partner and Partner will be responsible for compliance with all applicable laws and industry guidelines and third party rights and/or claims (including, but not limited to royalty obligations) associated with the Service.
22. Partner may introduce Beacon identification signal or other kind of spot data to the CMS system only when data is owned by him or when he has rights to them granted to him by the owner of devices, for example Customer.
23. All right, title and interest in and to the Bleesk Apps, Bleesk Fleet Application, SDK and Bleesk Fleet Web, all documentation and all intellectual property rights therein and thereto shall remain at all times with Bleesk Sp. z o.o. All rights not expressly granted herein are reserved by Bleesk Sp. z o.o.
24. Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
25. Partner agrees to indemnify, defend and hold Bleesk Sp. z o.o. harmless (as well as its affiliates, employees, officers, directors and agents) from and against any and all third party allegations and all claims, proceedings, losses, liabilities and expenses (including attorney fees and court expenses) asserted in any claims, actions, lawsuits, investigation or proceedings, whether actual or alleged arising out of or related in any way to a breach by Partner of this Agreement; use of the Service in a manner that may violate any third party intellectual property or contractual rights; or use of it in violation of any law, regulation or court order.
26. Each Party is obliged to apply protective measures required by law (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)) and protecting personal data in relation to any personal information collected or processed in connection with this Agreement and use of Service, including the technical and organizational measures. Personal data should be collected and processed only for purposes related to the proper implementation of this Agreement and use of Service. In particular, neither Party shall be entitled to the preservation and storage of personal data, or transfer them to their own databases for purposes unrelated to this Agreement and use of Service. Partner is responsible and obliged to inform users about his private policy and how the users data will be used, storage and how can be deleted, transferred and changed.
Bleesk Sp. z o.o. does not sell, trade, or otherwise transfer to outside parties the personally identifiable information. This does not include website and mobile app partners and other parties who assist Bleesk Sp. z o.o. in operating the service, website and mobile app, payment process, accounting, conducting our business, or servicing users, so long as those parties agree to keep this information confidential.
27. Service, Bleesk Fleet Web, Bleesk Fleet, Bleesk Apps, SDK are provided in the form of "as is". Bleesk Sp. z o.o. does not warrant that the Service will meet the Partner and / or the User and / or Customers expectations and that the operation of the Service will proceed without interruption, will be delivered on time, will be secure or error free. Bleesk Sp. z o.o. may make improvements and changes in the Service at any time. Bleesk Sp. z o.o. does not provide any warranty (including with regard to the performance of the Service), without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or non-infringement and others.
28. Bleesk Sp. z o.o. shall have no liability arising from the use of the Service, whether based on warranty, contract or otherwise. Bleesk Sp. z o.o. will not be liable to Partner or any other person or entity for indirect, direct, special or incidental or consequential damages (including, but not limited to loss of profits, loss of data or loss of use damages) including those arising from the use of the Service, even if they do not have been advised of the possibility of damage or loss.
29. If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the Bleesk Sp. z o.o. control, Bleesk Sp. z o.o. is unable to perform in whole or in part our obligations as set forth in this Agreement, then Bleesk Sp. z o.o. shall be relieved of those obligations to the extent Company is so unable to perform and such inability to perform shall not make Bleesk Sp. z o.o. liable to the Partner or other third parties.
30. Bleesk Sp. z o.o shall be exempt from the obligation to comply with the obligations set out in the agreement if due to restrictions imposed by the Operating systems, application stores, mobile and tablet manufacturers, manufacturers of hardware (including routers, beacon) will not be able to perform them. Such an inability to perform shall not make Bleesk Sp. z o.o. liable to the Partner or other third parties.
31. Any and all notices and communications shall be in writing and shall be deemed to have been duly given when delivered personally, or sent by mail or courier, addressed to the parties as set out below:
If to Bleesk Sp. z o.o.: e-mail address of the company: firstname.lastname@example.org If to Partner: address provided during registration to the Website.
32. If any of the provisions of the Agreement shall be deemed illegal by the court, unenforceable or invalid, any other part or provision of this Agreement shall remain in full force and effect.
33. The agreement shall be governed by the laws of the Republic of Poland, according to which will be interpreted. A court competent for the Bleesk Sp. z o.o. shall have exclusive jurisdiction in all disputes arising out of this agreement or being in connection with the contract or its subject matter.
34. Electronic Confirmation by Partner means that he is familiar with the provisions of these Regulations and accepts the conditions and statements contained therein. The agreement does not require the signature of any party.