Terms and conditions of the Prilo mobile app

§1 General Provisions

1. The Regulations of the Application are introduced in accordance with the wording of Art. 8 sec. 1 point 1 of the Act of 18 July 2002 on the provision of electronic services (consolidated text Journal of Laws 2020, item 344). These Regulations define the rules and technical conditions for the provision of electronic services using the Mobile Application under the name PRILO, technical requirements necessary to use the Application, the conditions for concluding and terminating contracts for the provision of electronic services and the complaint procedure, as well as the rights and obligations of its users, and the rules of liability of the Service Provider and Application users.
2. The owner of the Application is ADAMPOL Spółka Akcyjna, based in Zaścianki (at ul. Usługowa 3, 15-521 Zaścianki near Białystok) , entered into the register of entrepreneurs of the National Court Register under KRS number: 0000056707; NIP: 542-000-01-62; REGON: 002347759.
3. The Regulations are available free of charge in the Application and via the website http://prilo.com/aplikacja-mobilna-regulamin-pdf, in a way that enables their downloading and saving by printing or saving on a carrier at any time.
4. The condition for using the Application is reading the Regulations and the Privacy Policy and accepting their content. The content of these Regulations and the Privacy Policy is provided to the User free of charge before installing the Application on a mobile device. Lack of acceptance of the Regulations or the Privacy Policy prevents the use of the Application. 
5. By accepting the Regulations, the Application user concludes a contract with the Service Provider for the provision of electronic services, for an indefinite period, to the extent and under the conditions specified in these Regulations.

Each amendment to the Regulations requires its re-acceptance by the User before launching the updated version of the Application. If you do not accept the Regulations, you will not be able to use the Application.

§2 Definitions

The terms used in the Regulations have the following meanings:

Personal Data Administrator	means ADAMPOL Spółka Akcyjna, ul. Usługowa 3, 15-521 Zaścianki near Białystok, KRS number: 0000056707; NIP: 542-000-01-62; REGON: 002347759.
Application	means the software owned and managed by the Service Provider in the form of a mobile application, under which, using the Account, the Driver may use some of the functionalities of the PRILO Platform offered by the Service Provider. The software in question is distributed by mobile markets (including Google Play for Android, AppStore for iOS, or other indicated distribution channels). The Application is designed to use the Account.
Personal Data	mean the personal data of the Driver provided by the Carrier, collected by the Service Provider during the Account registration in the Application and then, in the course of its use, constituting personal data within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 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).
Driver	means a user who is a natural person using the services provided through the Application to carry out the transport of goods by vehicle as part of a transport order.
Account	means a set of rights, provided by the Driver’s Service Provider, after prior registration of the Account in the Application, individualising the User and enabling access to the functionality of the Application. The Driver’s Account is assigned to the Carrier’s Account/Accounts. The Carrier, via the Platform, indicates personal data, rights to drive the vehicle and the Driver’s telephone number, thus enabling the Driver’s registration on the PRILO Platform via the Mobile Application. The Driver’s Account allows you to view the place of loading and delivery, confirm vehicle data, add documents regarding transport, driver or vehicle, and confirm loading and unloading. Access to the Driver’s Account takes place via the Application.
Login	means the operation of entering identification data that allows the identification of the Account user.
PRILO Platform	means a set of IT solutions used to optimise logistics, forwarding, sales and purchasing processes. The PRILO platform is delivered in the (SaaS / PaaS) model by launching and registering on Amazon Web Services servers and making the Platform available online for users. The Platform is available to drivers via the Application.
Privacy Policy	means a document stating the purposes and methods of processing Personal Data by ADAMPOL SA using the Platform, which is complementary to the Regulations and supplements it.
Carrier	an entity registered on the PRILO Platform, an entrepreneur, receiving access to certain functionalities of the Platform, providing goods transport services.
Technical Break	means temporary disabling of the Application functionality in whole or in part, caused by a failure of the Application or the need to perform server maintenance or modernisation or reconstruction of the Platform or Application, during which it is not possible to use all or certain functionalities of the Platform or Application.
Mobile Device	means (portable) electronic device that can process, receive and send data without the need for a wired internet connection.
Services	mean services provided by the Service Provider to users by electronic means within the  meaning of the provisions of the Act of 18 July 2002 on the provision of electronic services  (i.e., Journal of Laws of 2020, item 344).
Service Provider	means ADAMPOL Spółka Akcyjna, ul. Usługowa 3, 15-521 Zaścianki near Białystok, KRS number: 0000056707; NIP: 542-000-01-62; REGON: 002347759.

§3 

The Scope of Services Provided 

1. The Application allows the Driver to use the following functionalities of the PRILO Platform:

1)     viewing the list of transports assigned to the registered telephone number (these may be transports from one or more Carriers), 

2)     the ability to load documents related to the transports assigned to the Driver until the last unloading is reported (obligatory CMR, also photos of vehicles, customs documents, damage reports, etc.),

2. As part of the loading confirmation, the Driver is obliged to: 

a) First of all, confirm or complete the VIN of the vehicles. If the VIN numbers are confirmed unchanged, the Driver may proceed to the loading confirmation. If a VIN has been changed, such changes require the approval of the consigner and the Carrier, and only then is it possible to take further steps on the part of the Driver,

b)  confirm loading (as part of this task, the Driver also provides the ETA for the place of unloading/unloading places),

c) confirm unloading.

3. An account in the Application is assigned to a given telephone number, and the Application may be active only on one Mobile Device. After thirty days of inactivity on the Account, the Driver will be asked to generate a new SMS code and enter it in the Application to reactivate it.

§4 
Terms of Using the Application 

1. The Driver is obliged to use the Application in accordance with the terms of these Regulations and applicable law.  
2. It is forbidden to post illegal or offensive content, false or misleading content, containing harmful code (e.g., viruses) or likely to cause any disruptions or damage to the Application, as well as taking any other actions to interfere with the Application.
3. For the Application to run and function properly, it is necessary to have:

a)   access to a Mobile Device with active access to the Internet, e.g., a computer, telephone, tablet, with a memory that allows you to store documents in electronic form (the Application works online); 

b)  in the case of route sharing functionality – access to the GPS system.

4. The minimum requirements for the operating system are Android v.10 and later and iOS v.14 and later, while Mobile Devices should meet the following criteria:

a)     minimal:

• RAM memory: 1 GB,
• screen resolution: 360×640,
• GPU: Any unit that supports OpenGL ES 3.0.

b)     recommended:

• RAM memory: 3 GB,
• screen resolution: 360×64,
• GPU: Adreno 4xx, Mali T7x G7x.

5. To be able to use the Application, it is required to create an account in accordance with the procedure described in §5 of the Regulations.
6. The use of hardware or software that do not meet the technical requirements of the Application may result in the Application’s malfunctioning.
7. The Application is free, i.e., the Service Provider does not charge for downloading, installing and using the Mobile Application. 
8. Each Carrier may register only one Account for the Driver in the Application.
9. The Service Provider enables the Driver to use the Application to share the route. The route is visible on the PRILO Platform for the Carrier and the shipper. The Driver is responsible for the correctness of the presented route data, including their uninterrupted availability (access to the Internet and GPS). When the route sharing function is launched via the Application for the first time, a contract for the provision of electronic services is concluded, consisting in enabling route sharing.
10.       The correct operation of the Mobile Application is a necessary condition for the Driver to complete the transport order concluded between the shipper and the Carrier via the PRILO Platform.
11.       The Service Provider reserves the right to expand the content of individual modules/functionalities and create new, additional modules /functionalities of the Application.
12.       The Service Provider makes every effort to ensure continuous and uninterrupted access to the Application, 24 hours a day, 7 days a week, with the reservation, however, that the Service Provider is entitled to make a Technical Break resulting in a temporary limitation or excluding access to the Application functionality in whole or in part.  
13.       If there is a need to introduce a Technical Break, the Service Provider 
    will inform about the expected date of its occurrence and duration in a message displayed directly in the Application.
14.       The Driver uses the Application voluntarily, at his/her own risk. 
15.       It is not allowed to create multiple Driver’s Accounts in the Application using the same data, in particular, it is not allowed to create more than one Driver’s Account using the same telephone number. The Account (s) created above the limit specified in the first sentence may be deleted by the Service Provider.
16.       Except for the cases provided for in applicable law, the Service Provider is not responsible in particular for:

a)     consequences of force majeure, which are extraordinary, external and unforeseeable and impossible to prevent, 

b)     damage caused by inadequate connection quality, operation of malicious software on a Mobile Device, damage or defect of telecommunications devices, power systems, operating systems, failure of the telecommunications network or electricity supply, interruption of connection while using the Application, and any other interruptions in the operation of the Application, caused for reasons beyond the control of the Service Provider, 

c)     making the Driver’s Account available to third parties,

d)     actions of third parties, as a result of the Mobile Device made available to them by the Driver or in the event of loss of the SIM card or Mobile Device.

17.       The User may stop using the Application at any time. The cessation of use requires uninstalling the Application from the Mobile Device.   
18.       If it is found that the Application user performs activities that are contrary to the law or the Regulations, or violate the principles of social coexistence, good manners or harm the justified interest of the Service Provider, the Service Provider may take appropriate actions, including limiting the Driver’s ability to use the Application and rendered services through it.    

§5

Registration

1. The condition for accessing and using the Application is the Driver’s registration in the Platform via the Application and acceptance of these Regulations and the Privacy Policy.  
2. The Application may be used by Drivers registered on the PRILO Platform via the Carrier. The User of the Application may only be a natural person with full legal capacity.
3. The Driver may download and install the Application on his/her Mobile Device.
4. The Application is activated via a one-time, 6-digit SMS code sent to the Driver’s telephone number provided by the Carrier.
5. An account in the Application is assigned to only one Driver each time (based on the telephone number provided by the Carrier). 
6. Registering a Driver’s Account in the Application requires the registration process and includes the following steps:

a) downloading the Application;

b)  acceptance of the Regulations, the Privacy Policy and the expression of the necessary consents by the Driver; 

c) the Driver’s consent to the Application’s access to: 

1. vehicle location (obligatory),
2. making calls (required to identify the telephone number used on the Mobile Device; obligatory),
3. a camera built into the Mobile Device (obligatory),
4. files stored on a Mobile Device (obligatory).
5. The registration process is completed when the Driver confirms the registration with a 6-digit code received via SMS, on condition that registration is only possible for telephone numbers provided by the Carriers. 

§6 
Contract for the Provision of Electronic Services 

1. The conclusion of the contract for the provision of electronic services takes place upon the acceptance of the provisions of the Regulations, subject to the provisions of § 4 sec. 9 of the Regulations.
2. Each Party may terminate the contract for the provision of electronic services by submitting a notice of termination at any time, with a one-month notice period.
3. The contract for the provision of electronic services may be terminated by either Party, without the notice period referred to above, for important reasons, which are considered a breach of the provisions of the Regulations, including the terms of the licence granted.
4. The contract for the provision of electronic services is automatically terminated in the event of deletion of the Driver’ Account or inactivity on the Driver’s Account for a period longer than 30 days.

§7

Rights and Obligations 

1. The Service Provider undertakes to supervise the technical functioning of the Application. 
2. The Service Provider does not guarantee uninterrupted access to the Application and does not ensure constant availability of all Application functions and their error-free operation. 
3. The Service Provider is not responsible for any damages and lost profits incurred as a result of:

a)   the functioning of the Application, in particular, disruptions in the availability of all or part of the Application functions or their improper operation,

b)  functioning of telecommunications interfaces or links that are not owned or operated by the Service Provider.

4. The Service Provider is entitled to block the Driver’s Account if it reasonably suspects that the Driver is using the Application contrary to the provisions of these Regulations or the law. 
5. The Service Provider is entitled to introduce a Technical Break in the operation of the Application.
6. The Service Provider reserves the right to update the Application. For the proper operation of the Application, its current update is necessary. The Service Provider does not guarantee the correct operation of the Application if the Driver has not downloaded and installed the required update on his/her Mobile Device. 
7. The Service Provider reserves the right to amend the Regulations and the Privacy Policy.

§8

Complaints  

1. If the Driver detects any gaps or irregularities in the functioning of the Application, the Driver may submit a notification on this subject by e-mail to the address support@prilo.com .
2. Any complaints regarding the operation of the Application or non-performance or improper performance of services may be reported by the Driver by e-mail to the following address: support@prilo.com .
3. The complaint should contain the name, surname, telephone number used to register the Driver’s Account in the Application and a description of the case.
4. The Service Provider will consider complaints within 30 
   (thirty) days from the date of their receipt.
5. The Driver will be informed about the method of considering the complaint via SMS to the telephone number assigned to the Driver’s Account. 

§9

Copyright

1. All rights to the Application and the materials contained therein, including proprietary copyrights, rights to the Application name and logos used, belong to the Service Provider or third parties, and their use may only take place in a manner specified and in accordance with the Regulations.
2. The Service Provider grants the Driver a license to use the Application in accordance with its intended purpose free of charge for the duration of the contract for the provision of electronic services, to the extent necessary to run, operate and store the Application in the memory of the Mobile Device. The granted licence is not territorially limited.
3. The licence is non-exclusive, non-transferable, without the right to grant any further licence. 
4. The licence expires when the Account is deleted.

§10

Personal Data Protection

Detailed information on the collection and processing of personal data is regulated by the Privacy Policy, which is available here:  http://prilo.com/polityka-prywatności .

§11

Final Provisions

1. In matters not covered by these Regulations, the provisions of Polish law shall apply, in particular the Civil Code and the Act of 18 July 2002 on the provision of electronic services (consolidated text Journal of Laws 2020, item 344).  
2. These regulations are available at: http://prilo.com/aplikacja-mobilna-regulamin-pdf .
3. These Regulations have been drawn up in English. 
4. These Regulations are version 1.0. and shall enter into force on 01.01.2022.