3.1 Terms of Service

Terms of Service for the Service Desk

This regulation (hereinafter referred to as the "Regulation") sets out the rules for providing the "Service Desk" service (hereinafter referred to as the "Service") by Meritus Systemy Informatyczne Sp. z o.o., headquartered in Warsaw (00-838), at Prosta Street 70, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000476119, VAT number: 1182094236, REGON number: 146836567, with a share capital of PLN 100,000.00 (hereinafter referred to as the "Operator").
The Service involves receiving reports of irregularities in the Pinquark system, including reports of failures, critical errors, bugs, and modifications, as well as providing appropriate assistance in using the Pinquark system.

For the purposes of the Regulation, the following definitions apply:
1. Pinquark System – the internet or mobile application named Pinquark, for which the Client has registered and which consists of the subsystems WMS, TMS, SCAN-INVOICE, GEO, and CREATOR;
2. Client – an adult natural person, legal entity, or organizational unit that is not a legal entity, to which specific provisions grant legal capacity, conducting business on its behalf, being an entrepreneur within the meaning of the Entrepreneurs’ Law Act of March 6, 2018 (Dz. U. 2018, item 646, as amended), who, for a purpose directly or indirectly related to their business or professional activity, has registered in the Pinquark System;
3. Technical Support – a team of designated persons who, according to their qualifications, operate the Service, perform analysis, evaluation of services, and provide support within the Pinquark system and its subsystems WMS, TMS, SCAN-INVOICE, GEO, and CREATOR;
4. Technical Problem – a single event related to the WMS, TMS, SCAN-INVOICE, GEO, and CREATOR subsystems of the Pinquark system in the category of a failure, critical error, bug, or system modification.

The Service is available 24/7 within the Pinquark system.
Use of the Service occurs by accessing the "Issue Tracking" tab and following the instructions in Appendix No. 1.
By using the Service, the Client confirms that they have read and accept these terms.

The Operator provides assistance through the Service for the Pinquark subsystems purchased by the Client.
The Operator will exercise due diligence by allowing Technical Support access to the technical knowledge and appropriate tools needed to support the Client at the highest level in resolving the reported Technical Problem.
The Operator reserves the right to refuse to accept and resolve a Technical Problem if it is unrelated to the operation and subject matter of the Pinquark System or does not meet the requirements specified in the Regulation.
The Client's personal data is processed by the Operator according to the terms set forth in the Privacy Policy available on the website: https://pinquark.com/pl/privacy-policy .

By filling out and submitting a Technical Problem report, the Client declares that the data provided is complete and accurate.
When using the Service, the Client agrees to refrain from:

Sending offensive, illegal content or content that violates the personal rights of third parties;
Copying, modifying, distributing, transmitting, or otherwise using the Service, except for use under permitted conditions;
Taking any actions that may disrupt or interfere with the operation of the Service;
Using the Service in a manner that violates the law, third-party personal rights, good customs, or the legitimate interests of the Operator.

The Client may report several problems in one submission in the category of failure, critical error, bug, or system modification.
The detailed procedure for using the Service is outlined in Appendix No. 1.
All resolutions of Technical Problems will be based on a submitted report in the Service, first accepted by Technical Support and then by the Client after paying the specified fee for the service.
Technical Support work hours will be rounded to the nearest 1-hour increment.
The Operator reserves the right to modify the Service technically, without degrading it or affecting the rights and obligations of the Operator and the Client.

Each system, category, and priority will be considered individually and billed according to the Operator’s internal procedures, taking into account the terms of the agreement between the Operator and the Client.
The Client is entitled to two hours of Technical Support per month under the Service. Additional hours will be billed according to the Operator’s internal pricing.
The Client can increase the speed of the Operator’s response to a report and its resolution faster than the internal procedure allows and the terms of the agreement between the Operator and the Client, for an additional fee agreed upon individually. If the Client wishes to use the expedited procedure, they should include this information in the comments to the reported Technical Problem.
Payment for resolving a Technical Problem in the Service can be made through the electronic payment system provided by Przelewy 24 or PayPal, according to the payment methods available from the provider, following the on-screen prompts.
The Service fee and payment for resolving the Technical Problem are payable in full upfront.
For each Technical Problem order, the Client will receive a VAT invoice sent to the email address provided during the Pinquark System registration.

The Operator reserves the right to temporarily suspend the Service during maintenance windows. During the maintenance window, maintenance work is carried out on the Service or technical infrastructure. The unavailability of the Service due to maintenance work is not included in the SLA parameter.
In the exceptional case of unavailability of the Pinquark System, the Client may report a Technical Problem via email: sd@meritus.pl.

The Operator reserves the right to change these Service terms at any time.
Appendix No. 1 is an integral part of this Regulation.
The recognition of individual provisions of this Regulation as invalid or ineffective by law does not affect the validity or effectiveness of the remaining provisions of the Regulation.
For matters not regulated in this Regulation, the applicable provisions of Polish law apply.
This Regulation comes into force on August 28, 2023.