Terms &
Conditions

§ 1 General Provisions and definitions

1. These Terms of Service constitutes an appendix to General Terms of Service and the terms written in capital letters should be understood accordingly.
2. In these Terms of Service, the following terms, which are written in capital letters, shall be understood as follows:
   1. “Set up fee” – a single, non-refundable payment related to the set up activities described in § 4 paragraph 1 (a), the amount of which is determined by the Pricing and/or conditions of promotions, paid by the Client at the conclusion of the Service agreement.

§ 2 Conclusion of the Service agreement

1. The Service agreement is concluded through the Platform by the Client and Airly after choosing one of the available Plans from the Pricing. In case the conclusion of the Agreement through the Platform is not possible due to the Client’s place of residence, the Client should contact Airly via e-mail or contact form.
2. The Service agreement shall be concluded for a fixed period of time equivalent to the Subscription Period specified in the Plan. The Subscription Period begins upon conclusion of the agreement. The Service agreement may be extended for another fixed period of time under the conditions specified in the § 3.
3. In order to enter into the agreement, the Client must complete an order via the Platform, fill out an order form, choose a method of payment, confirm the method of delivery, and then confirm and send the order by pressing the button “Order and pay”. Pressing the button “Order and pay” means an order with payment obligation and entering in a Service agreement according to GTS and Terms of Service.
4. The Client will receive an e-mail confirming the specification of the order, Plan, full price for the ordered Service and shipping details.
5. The orders shipped outside the European Union area may be subject to customs duties. In order to determine their amount, the Client should contact directly the customs office appropriate to his/her place of residence.
6. The Client is required to pay the fees, in particular: the Set up fee and the fee for the selected Plan, paid in advance for the duration of Subscription Period.
7. Please note that Airly will begin the process of Service delivery upon receipt of the full price of Services and shipping, specified in the order confirmation. Client should transfer the full price specified in the order confirmation as soon as he/she receives it, but no later than in 5 days. If Client will not pay for his/her order within 5 days, Airly will give a Client a subsequent period of time, no less than 5 days, to pay for the order. In case of failure to pay within the given subsequent period of time, the agreement is considered not concluded.

§ 3 Ordering the Service for the next Subscription Period

1. Airly will inform the Client via e-mail, about the end date of the current Subscription Period, the fees for the Service for the next Subscription Period and the details about ordering the Service for the next Subscription Period, within 30 days before the end date of the current Subscription Period.
2. The Client will receive (in the e-mail referred to in paragraph 1) the pro-forma invoice including the fee for the next Subscription Period. Payment of the mentioned pro-forma invoice is recognized as a declaration of will to conclude the Service agreement for the next Subscription Period.

§ 4 Service

1. Service includes:
   1. set up activities i.e. activation of the Service, remote calibration of Sensor to the particular location, connecting Sensor to the Map, and SIM card activation;
   2. Sensor rental;
   3. maintaining the display of the Sensor on the Map;
   4. reading, analyzing and processing the data collected by the Sensor and uploading it to the Platform;
   5. other features provided for in the chosen Plan.
2. Sensor, depending on type, upon connecting to Map, measure and then send the data to Airly. The obtained data are sent, saved and aggregated in the Database, and then processed, calibrated, analyzed and made public in a graphic and numerical form on the Map, publishing Sensor’s geographical coordinates.
3. To start using the Service, the Client must fill the installation form and register the Sensor at https://installation.airly.eu/ The Sensor will appear on the Map no later than 10, typically 3, business days since the registration.
4. Contact details provided by the Client in the installation form [referred to in paragraph 3 above] may differ from the contact details provided by the Client during ordering the Service. Contact details provided in the installation form are considered as the sole contact details for the purpose of maintenance and technical support of the particular Sensor.
5. Set up activities, referred to in paragraph 1(a), are completed upon the appearance of Sensor on the Map.

§ 5 Sensor Usage

1. The correct performance of the Service demands a cooperation from the Client. To install the Sensor correctly, the Client must provide:
   1. the power source to the Sensor located maximum 2 meters from the Sensor location and continuously sustain it during the Subscription Period;
   2. the place to install the Sensor at the height between 1,5 – 8 meters.
2. The Service Provider lends the Sensor to the Client for the duration of the Subscription Period for the purpose of performing the Service.
3. For the avoidance of doubt, Airly is the only owner of the Sensor, and upon this agreement the ownership of the Sensor is not transferred to the Client.
4. The use of the Sensor is possible only in the place where it was specified in the installation form referred to in § 4 paragraph 3. Moving the Sensor to another location requires explicit consent of the Service Provider.
5. The Client shall be obliged to use the provided Sensor in accordance with its intended use and in the manner specified in the GTS and Terms of Service, operating manual and installation manual.
6. The Client undertakes not to make the Sensor available to third parties, irrespective of the legal form of providing access, and in particular by subleasing it or providing it for free use.
7. The Client shall take due care of the Sensor. The Client shall be liable for loss, destruction or damage to the Sensor, except for damage resulting from hidden defects and the effects of normal wear and tear.
8. In case of loss, damage or destruction of the provided Sensor, the Client shall immediately notify the Service Provider by e-mail.
9. In case of loss, damage or destruction of the provided Sensor, Airly is entitled to claim from the Client a contractual penalty of EUR 50 for each violation.
10. In the case of a defect, the Client is obliged to immediately inform the Service Provider and, if so recommended by the Service Provider, send the Sensor to the Service Provider at the expense of the Service Provider.
11. The Service Provider shall replace or repair the Sensor:
    1. free of charge – in case of revealing hidden technical defects of the Sensor over the course of use – manufacturing defects, existing at the time of release;
    2. for a fee – in case of damages resulting from improper use of the Sensor.

§ 6 Sensor return

1. In case of termination/expiration/withdrawal from the agreement, the Client is obliged to return the provided Sensor immediately on the basis set out in this § 6.
2. On the date of end of the agreement Airly will send the Client an e-mail with a proposal of two dates for the reception of the Sensor by Airly at Airly’s expense (through an external shipping company). The first proposed date will not be earlier than 14 days after the end of the agreement, and the second proposed date will not be earlier than 30 days after the end of the agreement.
3. Client is obliged to choose the date of the Sensor return within 7 days from receiving the e-mail mentioned above. If Client fails to choose one of the proposed dates within given deadline, Client is obliged to return the provided Sensor at his/her own expense within 30 days of the second (later) date referred to in paragraph 2 above.
4. In case of failure to return the Sensor by the Client within term referred to in paragraph 3 above, Airly is entitled to claim from the Client a contractual penalty of EUR 100 for each Sensor.
5. The Service Provider is not responsible for any defects in the Sensor due to reasons attributable to the Client.

§ 7 Sensor’s Delivery

1. The delivery is made through an external shipping company.
2. Airly is responsible for the goods until they are delivered to the Client.
3. Airly is responsible to deliver the goods without defects.
4. The cost of delivery is added to the price of goods at the time of confirmation of the order. The Client has the right to verify the shipping costs.
5. The Service provider encourages the Client to check the received goods in the presence of the shipping company representative, which will facilitate the potential complaint procedure. This provision does not in any way limit the right to complaint, which can be made independently.
6. The Sensor should be delivered to the Client within up to 30 days since the receipt of the full price of the Services and shipping.
7. If the order has not been delivered to the Client within 30 days after the funds are credited to the Airly’s account, the Client has the right to withdraw from the Agreement or agree on a new delivery date with the Service Provider.

§ 8 Fees

1. The Client is obliged to pay the fees for selected Plan specified in the Pricing in accordance with the agreement.
2. The Service Provider provides invoices by e-mail.
3. The Client shall pay in advance for the entire Subscription Period upon ordering the Service.
4. The date of payment is considered the date of receipt of funds on the account of the Service Provider.
5. In the case of delay in payment of the fees for the Services ordered by the Client in accordance with the agreement in whole or in part, the Service Provider reserves the right to surcharge statutory interest rate for the entire period of delay.
6. Fees should be made in the currency specified in the Client’s order. The Service Provider does not bear the risk associated with the currency conversion and additional fees or rejection of fees made in other currencies.
7. The Service Provider reserves the right to entrust a debt recovery company with the collection of receivables from the Client.

§ 9 Termination

In case of termination or expiration of the agreement, the Service Provider shall cease to provide the Services and the Client shall immediately return the rented Sensor in accordance with the provisions of § 6.

§ 10 Final provisions

1. These Terms of Service enter into force on 13th of July 2020.
2. In matters not covered with these Terms of Service, the provisions of the General Terms of Service are applicable.

§ 1 General Provisions and definitions

1. These Terms of Service constitutes an appendix to General Terms of Service and the terms written in capital letters should be understood accordingly.
2. In these Terms of Service, the following terms, which are written in capital letters, shall be understood as follows:
   1. “Account” – Client’s account on the Platform, enabling access to the API;
   2. “API” – application program interface that allows the Client to download and use data stored in Database upon these Terms of Service;
   3. “API-Key” – Service access key.

§ 2 Conclusion of the Service agreement with an obligation to pay

1. The Service agreement with an obligation to pay is concluded through the Platform by the Client and Airly after choosing one of the available Plans from the Pricing.
2. The Service agreement shall be concluded, depending on the chosen Plan and billing method chosen by the Client, for an indefinite or fixed period of time equivalent to the Subscription Period specified in the Plan. The Service agreement concluded for the fixed period of time may be extended for another fixed period of time under the conditions specified in the § 4.
3. In order to enter into the agreement involving obligation to pay, the Client must complete an order via the Platform, fill out an order form and choose a method of payment, and then confirm and send the order by pressing the button “Order and pay”. Pressing the button “Order and pay” means an order with payment obligation and entering in a Service agreement according to GTS and Terms of Service.
4. The Client will receive an e-mail confirming the specification of the order, Plan and price.
5. The Client is required to pay the fees for the selected Plan in a monthly billing cycle or in advance for the duration of Subscription Period.
6. Please note that Airly will begin to provide the Service upon receipt of the full price for the Services, specified in the order confirmation. Client should transfer the full price specified in the order confirmation as soon as he/she receives it, but no later than in 5 days. If Client will not pay for his/her order within 5 days, Airly will give the Client a subsequent period of time, no less than 5 days, to pay for the order. In case of failure to pay within the given subsequent period of time, the agreement is considered not concluded.
7. After receipt of the full price for the Services, Airly will send the Client an e-mail with the Account activation link. After clicking the mentioned link, the Client will be given access to the Account through which, he/she will have access to the individual API-Key and the ability to copy it.

§ 3 Conclusion of the free-of-charge Service agreement

1. The free-of-charge Service agreement is concluded through the Platform by the Client and Airly after choosing relevant Plan from the Pricing or through the website: https://developer.airly.eu/login.
2. The Service agreement shall be concluded for an indefinite period of time.
3. In order to enter into the agreement the Client must create the Account by him/herself through the given order form or through the applications (e.g. social network accounts) indicated by the Service Provided.
4. The Client (regardless of the chosen method of creating the Account) must fill out an order form, providing inter alia Client’s intended manner and purpose of using the Service.
5. The Client who has chosen to create the Account by him/herself, after successful filling out the order form, will receive an e-mail with the Account activation link. After clicking the mentioned link, the Client will be given access to the Account through which, he/she will have access to the individual API-Key and the ability to copy it.
6. The Client who has chosen to create the Account through the applications indicated by the Service Provider, after successful filling out the form, will be given access to the Account through which, he/she will have access to the individual API-Key and the ability to copy it.

§ 4 Ordering the Service for the next Subscription Period

1. Airly will inform, via e-mail, the Client who has chosen to pay for the Subscription Period in advance, about the end date of the current Subscription Period, the fees for the Service for the next Subscription Period and the details about ordering the Service for the next Subscription Period, within 30 days before the end date of the current Subscription Period.
2. The Client who paid for the current Subscription Period of the Service in advance, will receive (in the e-mail referred to in paragraph 1) the pro-forma invoice including the fee for the next Subscription Period, whose duration will be equal to the current Subscription Period. Payment of the mentioned pro-forma invoice is recognized as a declaration of will to conclude the Service agreement for the next Subscription Period.
3. The Client who wishes to change the method of payment from advance payment to monthly billing cycle, or to change the duration of the next Subscription Period (according to the current Plans available on the Platform) should contact the Service Provider.

§ 5 Monthly billing

1. The agreement with the Client who has chosen to pay for the Service in the monthly billing cycles, is concluded for the indefinite period of time.
2. Fees are charged on a monthly basis on the calendar day on which the provision of the Service has started (monthly billing period). In certain cases, billing dates may change, e.g. if payment has not been successfully made or if, for other reasons, the Service has started on a date other than the month in which the payment was made.

§ 6 Service

1. The Service includes:
   1. an access to the data stored in the Database through the API;
   2. a license to use the Database on the basis set out in § 7;
   3. a license to use the API on the basis set out in §7;
   4. maintenance of the Account;
   5. other features provided for in the chosen Plan.
2. The API-Key is generated individually for each Client. The Client is obliged not to share the API-Key with third parties. Sharing the API-Key is a violation of the Terms of Service and may in particular result in a deletion of the Client’s Account and disabling Client’s access to the data shared via API.
3. The Client may have only one Account and use only one API-Key. It is not allowed to use API-Keys from other Clients.
4. The Client is obliged not to exceed a specified in the chosen Plan daily number of inquiries sent to the API. The number of inquiries remaining to be used is visible to the Client in the API’s response header (x-ratelimit-remaining-minute or x-ratelimit-remaining-day).
5. If the number of inquiries is exceeded, the Clients’s API-Key will be temporarily suspended until the API counter is reset (refreshed once a day, always at the same time), the Client will be informed about violations of the Terms of Service regarding daily number of inquiries sent to API.
6. Notwithstanding other provisions of the agreement, in case of breach of Terms of Service or GTS, Airly reserves the right to block the API-Key.
7. The Clients, who generated the API-Key are responsible for using it in compliance with the law, principles of social coexistence, in a way that refrains from violating third parties’ rights, in accordance with the Terms of Service and GTS, and with a due care for the reliability of the information presented. The Client is fully responsible for his or her actions within any feature of Service, while using the data obtained via API and for the actions of people, who gained access to his or her API-Key as a result of the negligence of the Client.
8. Airly reserves the right to refuse giving access to the data if there is a justified assumption, that the Service could be used in a way that violates the law, principles of social coexistence, the goal of the Platform or the interests of Airly or its affiliates.

§ 7 Licenses and access to the data

1. During the course of the Service agreement, Airly grants the Client a non-exclusive, territorially unlimited, license to use API for the purpose of using the Service.
2. During the course of the Service agreement the Client is entitled to use the data stored in the Database without territorial restrictions, for any of Client’s business or pro-bono activities, subject to provisions of paragraph 5 below.
3. The access to the data stored in the Database, includes archival data regarding last 24 hours, current data and predictions for the next 24 hours, collected by Sensors and data received by Airly from other entities.
4. The Database is protected by the law under the Act of 27 July 2001 on the protection of databases (Journal of Laws of 2001 No. 128, item 1402) (hereinafter referred to as: the ‘Database Protection Act’). Basing on the Data Protection Act, the use of Database contrary to the provisions of these Terms of Service may be the basis for suing the person for compensation for the damage caused, in accordance with the general rules or by paying a sum of money equivalent to twice, and in case of culpable violation – three times the appropriate remuneration, which at the time of claiming it, would be due for granting permission to use the Database.
5. The Client who has chosen free-of-charge Service Plan is in particular forbidden to:
   1. resell the data or Database obtained within the API;
   2. make them available to third parties free-of-charge or for a fee;
   3. create his/her own database using data obtained from the Database or to distribute it in any way;
   4. use of the API, data or Database obtained within the API on any websites, platforms or mobile applications (commercial or non-commercial);
   5. use API, data or Database for any commercial purposes (directly or indirectly).
6. The provisions of paragraph 5 above, do not exclude the rights of the Client arising directly from the Database Protection Act.

§ 8 Prohibited practices

1. Upon these Terms of Service, following are considered as prohibited:
   1. using data on websites, portals and/or mobile applications conducting competitive activity to the Airly;
   2. creating Accounts using other e-mail addresses;
   3. creating more than one Account per Client;
   4. creating Accounts for third parties (natural or legal);
   5. creating an Account using data of a given natural person for the purposes of a legal person, organization or other entity;
   6. creating an Account using data of a consumer for purposes of the trader;
   7. sharing the API-Key with third parties;
   8. suggesting any relationship between Airly and the person holding legal title to the domain, website to which the domain refers, portal or mobile application on which Airly data is used;
   9. using the data in a manipulative or deceptive manner;
   10. using data in a manner that compromises Airly’s reputation;
   11. using the data in a manner contrary to law, morality or in other unethical manner.
2. In the event that Airly detects that the Client has violated or is attempting to violate the Service agreement, or has engaged in any practice considered prohibited, or has used Airly’s data for illegal purposes or contrary to the rules of social coexistence, Airly reserves the right to block the use of the data by the Client or refuse to create an Account. Airly will inform the Client about the reason for blocking access to the data or for refusing to create an Account within 48 hours of the decision.
3. The provisions of paragraph 2 above shall apply mutatis mutandis if:
   1. the Client takes action against Airly;
   2. it is highly probable that the API-Key will or is being used contrary to the provisions of the agreement;
   3. the API-Key is likely to be or is being used by entities that have violated the provisions of the agreement in the past or publicly stated that they will use the Service in a manner inconsistent with the law, GTS or Terms of Service. This provision applies accordingly to entities related to the entities referred to in the previous sentence;
   4. the Client conducts activities of doubtful social ethics, in particular those contributing significantly to the creation of smog.

§ 9 Use of Airly data

1. The Client using Airly’s data is obliged to present it reliably and, in particular, is obliged to:
   1. indicate Airly as the source of the data in an unambiguous manner;
   2. provide the exact time of the measurement used;
   3. not modify the presented data or in a clear and understandable way for third parties indicate what modification has been introduced;
   4. indicate in a clear and comprehensible manner to third parties the scale used to determine air quality;
   5. place a link to the Platform and the Airly logo near the data used, in a way that leaves no doubt which of the presented data comes from Airly.
2. In the event of doubt, Airly decides whether the data is presented in a fair manner [the provision does not apply to the agreement concluded with the Consumer].

§ 10 Use of the Airly logo

1. During the course of the Service agreement, Airly grants the Client a non-exclusive, territorially unlimited license to use the Airly logo for the purpose of performing Client’s obligations specified in § 9 paragraph 1(e).
2. Airly logo is available for download on the Platform.
3. Airly does not agree to interfere with the integrity of the logo or make any modifications to it.

§ 11 Termination

1. The Client who has chosen to pay for the Service in the monthly billing cycles, may terminate the Service agreement at any time, with the Service provided until the end of the monthly billing period. Termination of the agreement is made by disconnecting the payment card. To disconnect the payment card, Client must contact Airly.
2. The Client who has chosen free-of-charge Service Plan may resign from the Service at any time.

§ 12 Final provisions

1. These Terms of Service enter into force on 13th of July 2020.
2. The liability of the Service Provider towards the Client, who has chosen to pay for the Service in the monthly billing cycles, in connection with the Service is in any case limited to the value of the last fee paid by the Client for providing the Service.
3. The liability of the Service Provider towards the Client, who has chosen free-of-charge Service Plan, is excluded.
4. The provisions of the paragraphs 2 and 3 above, do not apply to the agreement concluded with the Consumer.
5. In matters not covered with these Terms of Service, the provisions of the General Terms of Service are applicable.

§ 1 Definitions

In these General Terms of Service, the following terms, which are written in capital letters, shall be understood as follows:

1. “Client” – a natural person or a legal person, or an entity without legal personality to which legal capacity is granted by the law, who concluded the agreement with Airly under these General Terms of Service;
2. “Consumer” – Client who is a natural person who performs with an entrepreneur a legal action not directly related to his business or professional activity;
3. “Database” – owned by Airly database containing data on archival, current and predicted air quality status;
4. “General Terms of Service” or “GTS” – these general terms of service;
5. “Map” – map of air pollution placed on the Platform and Airly’s mobile application;
6. “Plan” – set of Services and key information regarding Services described in the Pricing;
7. “Platform” – www.airly.eu and/or www.airly.org;
8. “Pricing” – set of prices and other key information regarding Services placed on the Platform;
9. “Sensor” – a device created by the Service Provider, used for measuring and reading air pollution rates and other data, having technical specifications described in the Platform in products section;
10. “Service” or “Services” – a service offered through a Platform, specified in particular Terms of Service, having technical specifications described in the Platform in products section;
11. “Service Provider” or “Airly” – Airly sp. z o.o. with its registered office in Kraków, ul. Mogilska 43, 31-545 Krakow, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under the number KRS 0000639797, NIP 676-251-42-90, REGON 365524039, share capital PLN 15 350,00;
12. “Subscription Period” – the period of time in which the Service is made available to the Client, but not longer than that specified in the Pricing and electronic request for the Service;
13. “Terms of Service” – contractual models for particular Services, the acceptance of which is necessary to order and use these Services.

§ 2 General Provisions

1. The content of the agreement between Airly and Client is determined each time by GTS, relevant Terms of Service, Pricing and, if provided for a particular Service, the technical specifications or other documents referred to in relevant Terms of Service.
2. Administration of personal data is based on the provisions of common law and the Privacy Policy, which is available on the Platform.
3. The General Terms of Service, Terms of Service, their appendices and other documents referred to in § 2 paragraph 1, constitute a contractual model within the meaning of Article 384 § 1 of the Civil Code of 23rd April 1964.
4. The General Terms of Service are available to Client at any time on the Platform, Client can also copy the text of the General Terms of Service, save it or print it, using his/her device.
5. All terms defined in the General Terms of Service have the same meaning in Terms of Service, unless Terms of Service states otherwise.
6. All communication related to the agreement will be via e-mail, unless relevant Terms of Service provide otherwise.
7. The Client can contact Airly using the contact form available on the Platform, unless relevant Terms of Service provide otherwise. For safety purposes, Airly reserves the right to conduct the verification procedure of the Client’s identity.
8. Airly will contact the Client using the e-mail address provided by the Client during placing an order, unless relevant Terms of Service provide otherwise.

§ 3 Technical requirements

1. The following equipment is required to use the Services:
   1. a PC, smartphone, tablet or other device with similar functions;
   2. an active Internet connection;
   3. updated version of the Firefox, Chrome, Safari or Microsoft Edge web browser;
   4. The Adobe Flash Player plug-in installed and JavaScript, Frames and CSS style support enabled;
   5. active e-mail account.
2. The use of certain Services may be a subject of other technical requirements that are provided to the Client during the purchasing process or in particular Terms of Service.

§ 4 Payments

1. The fee for the provision of the Service is determined in accordance with the Pricing, binding at the time of ordering the Service, unless relevant Terms of Service state otherwise.
2. The fee for provision of the Service should be paid before the deadline indicated to the Client.
3. Airly reserves the right to change prices of Services, but such change does not affect the prices of Services ordered before the change.
4. Methods of payment may vary depending on the ordered Service, Plan and provisions of the relevant Terms of Service.
5. Where the Service involves the delivery of the goods and the place of delivery is outside the customs territory of the European Union, the Client may need to bear other, additional costs associated with the obligation to pay the so-called customs debt specified by the regulations of the country concerned.

§ 5 Ordering of Services

1. To order and manage Services, it is necessary for the Client to place an order in accordance with the form available on the Platform.
2. Terms of Service may provide alternative or additional requirements to place an order.

§ 6 Obligations and liability of the Client

The Client is obliged to:

1. use the Service in accordance with its purpose, the GTS and Terms of Service;
2. comply with generally applicable law regulations while using the Services and Map;
3. refrain from providing unlawful content;
4. refrain from actions which could negatively affect the Service Provider, Services, Map or computer systems of the Service Provider or making any interference in the Service;
5. immediately inform the Service Provider about any changes in the contact details, in particular contact details necessary to issue invoices and deliveries and changes in the contact e-mail address under pain of the consequences of delivery of letters or e-mails to an out-of-date addresses. The abovementioned rigour of the consequences of delivery of letters or e-mails does not apply to Consumers;
6. pay for the Service in a timely manner;
7. provide genuine and correct personal data in purpose of ordering and using the Service;
8. use a software version with the support of this software producer;
9. compensate the damage suffered by Service Provider as a result of Client’s wrongful act;
10. cover any tax or custom fees resulting from the national legislation of countries not belonging to the customs territory of the European Union.

§ 7 Obligations and liability of the Service Provider

1. The Service Provider is obliged to provide Services with due care.
2. In connection with the Services provided, the Service Provider shall not be liable for:
   1. permanent or temporary and unexpected malfunctions of the Service caused by hacker attack, random circumstances, natural disasters or force majeure;
   2. Client’s lost profits [the provision does not apply to the agreement concluded with the Consumer];
   3. permanent or temporary malfunctions of the Service caused by third parties who participate in providing the Service to the Client [the provision does not apply to the agreement concluded with the Consumer];
   4. consequences of improper use of the Service by the Client or its representatives;
   5. breakdowns or other damage of the Client’s hardware or other equipment, devices, operating system, software or damage or loss of Client’s data, caused by software provided by the Service Provider [the provision does not apply to the agreement concluded with the Consumer];
   6. the Client’s use of software not supported by its producer, in particular in such case the Service Provider is not responsible for the safety and stability of the Service;
   7. consequences of the Client’s use of data or other information obtained through the Service, including consequences of making the aforementioned data or other information available to third parties.
3. The liability of the Service Provider towards the Client in connection with the Service is in any case limited to the value of the fee paid by the Client for providing this particular Service for the given Subscription Period. The preceding sentence does not apply to the agreement concluded with the Consumer.

§ 8 Risks related to the Service

The use of the Services is not related to specific risks, with the exception of the risks commonly encountered when using the Internet. Irrespective of that, it is recommended to use antivirus software in order to minimize the introduction of harmful software into the Client’s IT system by unauthorized persons.

§ 9 Consumer’s right of withdrawal

1. The Consumer has the right to withdraw from the agreement without giving any reason within 14 days of concluding the agreement with Airly.
2. In order to withdraw from the agreement, the Consumer should submit to Airly the relevant statement. For this purpose, the Consumer may use a template statement: “Being aware of the consequences of withdrawal from the agreement, I hereby declare that I withdraw from my agreement with Airly sp. z o.o. concluded on the [date]”, but using the template statement is not mandatory.
3. The statement of withdrawal from the agreement made before the Service Provider accepted the order makes the offer made by the Consumer no longer binding on him.
4. The Service Provider is obliged to return the full price for the Service, including the price of delivery of goods (except for the costs arising from the method of delivery chosen by the Client other than the cheapest method of delivery offered in the Platform) within 14 days of receipt of information on withdrawal from the agreement. The Service Provider shall make the payment using the same method of payment as used by the Consumer or another method agreed upon by the parties, provided that it does not entail additional costs for the Consumer.
5. The Consumer shall be liable for any diminished value of the goods resulting from their use beyond what is necessary to establish the nature, characteristics and functioning of the goods.
6. In the case of withdrawal from the agreement by the Consumer the agreement is considered not concluded.

§ 10 Complaints

1. A complaint regarding non-performance or improper performance of Service shall be made by sending an e-mail and should include:
   1. Client’s contact details, enabling identification of the Client and communication with him/her;
   2. Service to which the complaint relates and objections regarding Service;
   3. the circumstances justifying the complaint;
   4. Client’s demands related to the complaint.
2. A correctly submitted complaint will be reviewed within 14 days of its reception by the Service Provider. Within given deadline the Service Provider will respond to the complaint, indicating whether he accept the complaint (and how the Service Provider intends to execute it) or does not accept the complaint (along with a justification of its standpoint).
3. If within 14 days the Service Provider does not respond to the Consumer’s request, it means that he considered the requests to be justified.
4. Service Provider reserves the right to extend the period mentioned in the paragraph 2 and 3 above by 7 days if additional circumstances need to be clarified, in particular those related to third party services provided to the Service Provider [the provision does not apply to the agreement concluded with the Consumer].

§ 11 Jurisdiction and Dispute Resolution

1. To matters not covered by the General Terms of Service, the provisions of the law of Republic of Poland shall apply. In case of Clients who are Consumers, the choice of law does not deprive the protection granted under the provisions that cannot be excluded by the agreement under the law of the country in which the Consumer has his or her habitual residence.
2. Consumer has the right to use out-of-court complaint handling and claiming. Among other things, such Client has the right to apply to a permanent amicable consumer court to resolve a dispute arising from a concluded agreement.
3. In the event of disputes, Airly encourages amicable solutions, in particular by means of the platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=PL
4. Detailed information on out-of-court redress methods is available on the website at https://uokik.gov.pl.
5. Airly declares that it does not apply the code of good practices referred to in the Act of 23 August 2007 on counteracting unfair market practices.
6. For the avoidance of doubt, it is assumed that the place of provision of the Service is the Republic of Poland [the provision does not apply to the agreement concluded with the Consumer].
7. Potential litigations will be subject to the jurisdiction of the court of Airly [the provision does not apply to the agreement concluded with the Consumer].

§ 12 Duration and termination of the agreement

1. The agreement between Airly and the Client for the provision of the Service is concluded for a fixed period of time equal to the Subscription Period, unless relevant Terms of Service provide otherwise.
2. The Service Provider may suspend the provision of the Services, if the Client will:
   1. violate the provisions of the GTS and/or the Terms of Service; or
   2. fail to comply with the GTS and/or the Terms of Service; or
   3. fail to pay the fees in a timely manner, or
   4. use the Service contrary to its purpose, the GTS and/or the Terms of Service; or
   5. act to the detriment of the Service Provider or its other Clients; or
   6. perform services competitive to the Service Provider, copies services, business model, especially (but non-exclusively) if these activities are for profit.
3. The suspension of the provision of the Services may take effect until the Client ceased to perform the infringement behavior, provided for the provisions of paragraphs 4 and 5 below. Before the suspension of the provision of the Services, Service Provider will send a prior notice to the Client to cease the violation.
4. If the Service Provider has suspended the provision of the Services for the reasons specified in paragraph 2 above, and the Client fails to cease the violation (in particular fails to pay the entire remaining fees), within the appropriate period set by the Service Provider, the agreement may be terminated by the Service Provider with the immediate effect.
5. Notwithstanding the above in the case of a violation of the agreement by the Client, the Service Provider may request the Client to stop the violation and set an appropriate term for this purpose. In case of further agreement violations by the Client, Service Provider may terminate the agreement with immediate effect.

§ 13 Final provisions

1. The General Terms of Service enter into force on 13th of July 2020.
2. In the event that any of the provisions of the GTS or the particular Terms of Service proves to be invalid, ineffective, illegal or unenforceable in whole or in part, this circumstance will not affect the validity of the remaining provisions of the GTS or the particular Terms of Service.
3. Matters governed by the GTS may be regulated differently by specific provisions contained in the Terms of Service. In the event of a contradiction between any provision of the GTS and particular Terms of Service, the provisions of the particular Terms of Service shall prevail.
4. Contractual penalties provided for in particular Terms of Service do not limit the parties’ right to claim damages, including lost profits in excess of the contractual penalties [the provision does not apply to the agreement concluded with the Consumer].
5. The Service Provider reserves the right to make changes in the GTS and/or particular Terms of Service due to important reasons (such as, for example, changes in the legislation, changes in the Service Provider business model, changes of technical specification of the Service provision, changes of the terms of services provided to Airly by third parties, that are necessary for the performance of the Service by Airly, changes in the offer of the provided Service), after informing the Client via e-mail. Changes in the provisions of the GTS or Terms of Service shall come into force on a date indicated in e-mail, but after at least 14 days from the moment of notifying the Clients of new provisions by e-mail.
6. Changes in the name of the Service Provider and changes resulting from changes in the law, which do not affect the nature, manner and quality of performing the Service, do not constitute the change of the agreement.
7. The Client may object to the proposed changes and terminate the agreement with the Service Provider within 14 days from the day he/she received the e-mail containing information on changes of the GTS or Terms of Service. The time period for objection to the proposed changes and termination of the agreement, for the Client who is not a Consumer is 7 days from the day that such Client received the e-mail containing information on changes of the GTS or Terms of Service.
8. In the event of effective termination of the agreement by the Client in accordance with paragraph 7 above, the Service Provider shall refund the fees paid by the Client in proportion to the Services not used by the Client.

Airly respects personal data of its Clients and Airly Platform users, and fulfills conditions deriving from the law, especially from the 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).

The terms written with initial capital letters shall be understood in a way indicated in the General Terms of Service.

Airly ensures that its employees and contractors were given training in protection of personal data.

Data controller

Airly sp. z o.o. with its registered office in Krakow, ul. Mogilska 43, 31-545 Krakow.

Contact details

The contact with the data controller is possible through:

• postal address: ul. Mogilska 43, 31-545 Krakow; and
• e-mail address: rodo@airly.eu.

Purposes and legal basis for processing personal data

Your personal data may be processed for the purpose of:

• performing a contract or taking an action at your request prior to the conclusion of a contract, and for the purpose of pursuing claims under the contract (Article 6(1)(b) and (f) GDPR);
• answering the questions you asked via the contact form, which is in the exercise of the Airly’s legitimate interest (Article 6(1)(f) GDPR);
• fulfilling Airly’s legal obligations, including tax and accounting legislation (Article 6(1)(c) GDPR);
• direct marketing activities through the information channel of your choice, which are in the exercise of the Airly’s legitimate interest (Article 6(1)(f) GDPR).

Categories of recipients of the personal data

Your personal data may be processed by entities such as:

• Airly’s employees and/or contractors;
• legal and/or accounting services providers;
• postal operators and delivery companies;
• hosting and/or cloud services providers;
• e-mail service providers;
• payment service providers;
• Software as a Service providers enabling Airly internal communication, project and task management;
• Software as a Service providers enabling Airly customer relation management.

Your personal data may be transferred outside the European Economic Area to entities such as Amazon Web Services, Inc., Atlassian, Inc., Google LLC, HubSpot, Inc., Loom, Inc., Microsoft Corporation, Slack Technologies, Inc., Zoom Video Communications, Inc. These entities are members of Privacy Shield. You can learn more about the Privacy Shield program at www.privacyshield.gov/Program-Overview.

Personal data storage period

Your personal data will be processed:

• no longer than until the execution of the agreement, and after its execution until the expiry of the statute of limitations for claims related to the agreement (as a rule, a three-year statute of limitations) and the execution of obligations arising from the law (including tax and accounting legal obligations);
• in case of processing of personal data for the marketing purposes, until such processing is objected to (Article 21(1) of the GDPR) or until the withdrawn of the consent to receive information of a marketing nature;
• where the processing of personal data is based on your consent – until it is withdrawn.

The rights of the data subject

The data subject has the right to request from the controller access to personal data concerning him/ her and to obtain information about the purposes of its processing, categories of data processed, recipients of data, storage period of data (if it is impossible to indicate the period, the data subject has the right to information about the criteria used to determine this period).

The data subject has also the right to rectify personal data if they are incorrect and the right to request supplementing incomplete personal data.

The data subject has the right to request the erasure of personal data without undue delay if:

• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• a consent to the processing of personal data has been effectively withdrawn;
• the data subject objects to the processing of personal data for marketing purposes;
• the data subject objects to the processing (also by profiling) of personal data, based on the legally legitimate interest pursued by the controller or by the third party, unless there are valid, legally justified grounds for processing of the data subject’s personal data that override the interests, rights and freedoms of the data subject, or there are grounds for establishing, investigating or defending claims.

The data subject has the right to request restriction of processing of personal data when:

• the data subject contests the accuracy of the personal data – for a period enabling the controller to verify the accuracy of the personal data;
• the processing is, according to the data subject, unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
• the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims;
• the data subject has objected to processing (pursuant to Article 21(1) of the GDPR) pending the verification whether the legitimate grounds of the controller override those of the data subject.

If the data subject requests restriction of processing of personal data, data controller will refrain from processing them without the consent of the data subject, except for storing them or processing them in order to establish, exercise or defend claims, protect the rights of another natural or legal person, or due to important reasons of public interest of the Union or a Member State. The data subject will be informed about this before the restriction of processing is lifted.

The data subject has the right to object in case of processing of the personal data for the purposes of direct marketing, including profiling, to the extent that it is related to such direct marketing. After submitting the objection, data controller will refrain from processing the personal data of the data subject for direct marketing purposes (including profiling). The data subject has the right to submit objections by automated means using technical specifications.

The data subject has the right to receive in a structured, commonly used and machine-readable format, the personal data that the data subject has provided to the data controller, as well as the right to transfer his/her personal data to another controller without interference on data controller’s part, if:

• processing takes place on the basis of the data subject’s consent or a contract, which performance needs processing of data; and
• the processing is carried out by automated means.

The data controller is obliged to send the data subject’s data directly to another controller (if it is technically possible) at the data subject’s request.

The data subject has the right to withdraw the consent to the processing of personal data at any time, but the withdrawal does not affect the lawfulness of processing based on consent before its withdrawal.

With regard to the processing of the personal data, the data subject has the right to lodge a complaint to the president of the office for the protection of personal data.

Cookies and server logs

In order to facilitate the use of the Platform and to monitor its use, the management mechanism uses a technology called Cookies – data saved by the Platform’s server, a hosting operator on the user’s computer or mobile device.

The Platform uses three types of Cookies:

• Session Cookies – temporary files, saved on the Platform user’s device until he or she signs out, leaves the website or shut downs the browser;
• Permanent Cookies – saved on the Platform user’s device for the time specified in its parameters or until its deletion by the user;
• Local storage- stored on the Platform user’s device for a definite or indefinite period or until its deletion by the user.

The purpose of using Cookies is not to collect any personal data about the users visiting the Platform, however it is possible that the information collected through Cookies will be recognized as personal data.

The Platform user may at any time disable the option of accepting Cookies in the settings of his web browser, however, that might cause malfunctions in the functioning of the Platform.

The links to guides concerning disabling the option of accepting Cookies in the most popular browsers are presented below:

• Chrome
• Firefox
• Safari
• Microsoft Edge

The Cookies are used in order to:

• create statistics helping to understand the use of the Platform so as to improve its content;
• maintain the Platform user’s session, thanks to which signing in every time is not required;
• personalize the commercials;
• generate statistics that help in administering the Platform and improve the quality of services offered. These summaries are consolidated and do not contain data identifying visitors of the Platform. These data are not disclosed to other persons and entities.

Data collected within Cookies may be shared with Airly’s trusted partners such as Sensors sponsors, Platform sponsors or Airly’s clients and/or contractors.

Collected server logs, containing, among others the Platform user’s IP address, time of arrival of the request, the first line of the http request, the http response code, number of bytes sent by the server, information about the user’s browser, information about errors that occurred during the HTTP transaction, information about the type of devices are stored indefinitely.