DSLocate service terms and conditions

Regulations for the provision of location services based on the DSLocate system and for the sale of devices

§ 1. GENERAL PROVISIONS

These Regulations have been issued on the basis of Article 384 § 1 of the Civil Code.
The Regulations set out the scope and terms of the provision of the Location Service together with access to the DSLocate Application against payment of the Licence Fee, the Subscription and the sale prices of the GPS tracker and Additional Devices (hereinafter jointly referred to as: "devices") to which, in accordance with the Client's wishes, the remaining services (Additional Services) are attached on the basis of the DSLocate Satellite Vehicle Location System, hereinafter in the Regulations referred to as DSLocate, by Data System limited liability company with its registered office in Poznań, ul. abpa A. Baraniaka 88b, 61-131 Poznań, entered in the National Court Register (KRS) under no. 0001005427, hereinafter referred to in the Regulations as: Data System.
A requirement for the provision of the services indicated in the Regulations is the purchase of devices on the basis of a concluded agreement [hereinafter: the Agreement].
Data System declares that it is the supplier of the DSLocate location system and that it possesses the knowledge and technical resources necessary to install GPS trackers, Additional Devices and to provide location services.
The Client declares that they have received and read these Regulations prior to concluding the Agreement, that they are familiar with the DSLocate location system, that they accept its technical solutions as well as its functionality and the visualisation software supplied, and that they have the financial resources necessary to perform the subject matter of the Agreement.

§ 2. EXPLANATION OF TERMS USED

Sale – the transfer to the Client of ownership of the devices against payment of the price of their purchase. The exact amount of the price is specified by the pro forma invoice, the invoice or the purchase form (in the case of concluding cooperation via the Data System online shop).

Subscription – a recurring fee (e.g. monthly, annual, two-year, three-year, depending on the Client's decision) payable in advance for the provision of the Basic Services or readiness to provide them, the amount of which is specified by the Agreement (offer/purchase form).
Data transmission from Additional Devices connected to the GPS tracker is carried out as part of the Additional Services. The amount of the Subscription is a flat fee, i.e. it is independent of the distance travelled by the vehicle and the amount of data sent to the Data System server.
The Subscription includes, among other things, fees related to data transmission, maintenance of Data System servers, maintenance of the SIM card, activation of services, technical support and archiving of routes.
The obligation to pay the Subscription exists, among other things, in the case referred to in § 10.6 of the Regulations.

Licence fee – a fee for access to the DSLocate Application, the amount of which is regulated by the Agreement and/or the Price List, payable as part of the first invoice issued, for the entire period for which the cooperation between the Parties has been concluded.

Basic services – services comprising the redistribution of data including location, distance, speed, direction of travel and unlimited route history. This data is transmitted in a format enabling its visualisation by means of the Map Application. Reports of readings from specific devices or events are also available.
The availability of data depends on the scope of the installation carried out in the located vehicle.

Additional services – functionalities within the DSLocate system subject to an Additional Fee, calculated for/per device ID, depending on the Client's choice. Additional services include, among other things, the ability to transmit data to the E-Toll system for the purpose of collecting toll charges for travel on paid road sections in Poland managed by the General Directorate for National Roads and Motorways, or the transmission of data to the SENT system.

Activation fee – a one-off fee due to Data System, covering the activation and configuration of services, the amount of which is specified by the offer or the purchase form (in the case of purchase within the online shop).

Client – a legal person, an entity not having legal personality but which has legal capacity, or a natural person concluding an Agreement with Data System in direct connection with their business activity or for its purposes.

Price List – a list of fees charged by Data System in connection with the services provided, available among others on the datasystem.pl website.

Operator – the owner of a digital mobile network providing data transmission services within a given country.

Map Application/DSLocate Application – an application dedicated to all GPS trackers, available for smartphones and via any web browser, which allows vehicles to be located on the map in real time, to check on a given day what time the vehicle set off on its route, how much time it spent in car parks and how much time in traffic jams.
It also provides information on the kilometres driven and on the average and maximum speeds. It allows the balance of funds withdrawn for the use of toll roads and motorways to be checked, it shows the charges being accrued in real time and the balance of funds on the e-Toll system account, and for each vehicle individually it allows the sending of data to the e-Toll system or the SENT system to be switched on or off.
The period of storage of archival data is as a rule 30 days, unless the Parties decide otherwise.

GNSS – Global Navigation Satellite Systems, a system of satellite navigation broadcasting a signal enabling the accurate determination of time, geographical position, speed and direction of movement of the vehicle.

Additional fees – fees charged by Data System for services rendered or provided that are not covered by the Subscription.

Repair – diagnostic and possibly repair activities carried out by Data System, aimed at the proper functioning of the devices enabling location. Repair may be free of charge or chargeable.

Installation/Removal – activities aimed at installing or uninstalling the devices, carried out by the Client themselves (§9), by a car electrician freely chosen by the Client, or by an Installer.
The manner (authorised entity) in which the Installation is to be carried out is specified by the installation instructions supplied with the device.

DSLocate – the trade name of the location and fleet management system of Data System.

Additional device – sensors and accessories additionally installed in the vehicle supplied by Data System, aimed at collecting information or taking measurements.

Agreement – an agreement whose subject matter is the provision of location services and the sale of devices. The Agreement is concluded by accepting an offer in documentary form using an Autenti signature or by completing a purchase form within the Data System online shop.
The Agreement specifies the scope of the services provided for a given vehicle and their prices, the device ID number, the vehicle data, information about the Client and the obligation to comply with the Regulations.

Service Card – a document specifying the scope of Repair or inspection of elements of the DSLocate system, with an indication of the device ID.

Device ID – the identification number of the GPS tracker installed in the Client's vehicle, to which the Basic Service and Additional Services are linked.

Reports – functionalities within the DSLocate system presenting selected parameters of the vehicle in the form of summaries, chosen by the Client.

E-toll – a solution built, implemented, maintained and supervised by the Head of the National Revenue Administration, for the purpose of collecting toll charges for travel on paid road sections in Poland managed by the General Directorate for National Roads and Motorways.
The system is based on the technology of determining the user's position by means of satellite positioning with the use of virtual gantries. Within the DSLocate application, the Client has the option of ticking a checkbox in the DSLocate application concerning whether or not location data is to be sent to the E-toll system in respect of road transport.

SENT system – the Electronic Transport Supervision System, a road monitoring system which serves primarily for tracking so-called sensitive goods, which include, for example, heating fuels, biodiesel, lubricating oils and denatured alcohols.
Within the DSLocate application, the Client has the option of ticking a checkbox in the DSLocate application concerning whether or not location data is to be sent to the SENT system in respect of road transport.

Data System website, online shop – https://datasystem.pl by means of which it is possible, among other things, to purchase devices and order services.
The Data System website contains, among other things, the Regulations as well as installation instructions for the Devices.

Installer – personnel trained in the installation, Removal and Servicing of devices, authorised by Data System.

Performance Record – a document signed by the Client and the Installer or, in the cases indicated in the Regulations, solely by the Installer, confirming the manner of performance of specified activities on the Client's vehicle.

§ 3. SCOPE OF LIABILITY

Subject to paragraphs 2-8 of this section, Data System is liable to the Client for damage suffered by them due to non-performance or improper provision of services, excluding lost profits.
The amount of compensation may not exceed the amount of the Subscription that Data System has received from the Client in connection with the performance of the Agreement for the period during which the Agreement was not performed or was performed improperly, unless the damage was caused intentionally.
Data System makes the operation of the Basic Services, Reports and Additional Services (hereinafter the Services) conditional on the proper provision of services by Operators.
Data System shall not be liable for any irregularities in the provision of the Services resulting from non-performance or improper provision of services by Operators.
Data System provides the Services on condition that the device ID is within range of GNSS and within range of the mobile network.
Data System shall not be liable for any irregularities resulting from errors of the Map Application with regard to maps supplied by their producer.
Data System shall not be liable for non-performance or improper performance of the Services resulting from force majeure.
Force majeure is understood in particular to mean an event of a natural nature, e.g. earthquake, epidemics, pandemics, flood, hurricane, act of arms, including terrorist acts, actions of public authorities, including orders of public authorities taking the form of a normative provision of law, events in the form of violent, sudden and large-scale social protests (strikes, demonstrations, etc.).
Data System shall not be liable for irregularities in the operation of the DSLocate system or the Map Application, nor for non-performance or improper performance of the Services resulting from the fault of the Client, the Client's failure to comply with the Agreement, the Regulations, the installation instructions, or the Client's actions contrary to the law.
Data System shall not be liable for irregularities or inaccuracies in the functioning of devices, accessories or sensors of the Client that have not been supplied by Data System.
Data System shall not be liable for irregularities in the operation of the DSLocate system resulting from the Installation of devices carried out by an entity other than the Installer.
Data System shall not be liable for the failure to transmit data to the SENT system and the E-toll system in the event that the Client does not tick the box in the DSLocate application for the transmission of data to the system – before the commencement of transport.
Demonstrating that the relevant checkbox in the DSLocate application was ticked before the commencement of transport, in the event of explanatory proceedings, is the obligation of the Client.

§ 4. CONFIDENTIALITY OF DATA / PROCESSING OF PERSONAL DATA

Data System guarantees to the Client the confidentiality of the information transmitted as part of the services provided, subject to the exceptions provided for by the provisions of law.
The Parties undertake to keep in strict confidence all confidential information, meaning all information, materials and documents supplied in writing, orally or in another form, both before and after the undertaking of cooperation by either of the Parties.
In addition, confidential information comprises all information constituting a business secret within the meaning of Article 11(2) of the Act of 16 April 1993 on combating unfair competition.
Information which has been made public, as well as information the disclosure of which is necessary on the basis of the applicable law, does not constitute the subject of confidential information.
The Parties further undertake to use the information referred to in paragraphs 2-3 of this section solely for the purposes of the cooperation mutually undertaken.
The Parties shall take all necessary steps to ensure that none of the persons receiving the information specified in paragraph 2 of this section discloses this information or its source, either in whole or in part, to third parties without first obtaining express written authorisation from the other Party.
The Parties undertake not to copy, reproduce or distribute any confidential information or parts thereof.
A breach by a Party of one or more of the obligations indicated in this section shall result in the obligation to pay a contractual penalty to the other Party in the amount of 10,000 zł (in words: ten thousand zlotys) for each instance of breach, which does not exclude the right to pursue supplementary compensation up to the full amount of the damage suffered.
The Client undertakes to fulfil, on behalf of Data System, the information obligation concerning the processing of personal data of employees and associates (contact persons on the Client's side) and of persons representing the Client, whose data are transferred to Data System in connection with the performance of the Agreement.
The information obligation clause concerning the processing of personal data constitutes a separate document, delivered to the Client prior to the conclusion of the Agreement. The information obligation is also available on the www.datasystem.pl website.
As a rule, the Client is not permitted to label vehicles in the DSLocate Application with personal data of their employees/associates and other identifiable persons.
Where the Client wishes to name vehicles with the personal data of persons to whom these vehicles are entrusted, this circumstance must be reported in electronic form to Data System with at least 14 days' notice at the following address: biuro@datasystem.pl.
In such a case, the Parties shall sign a separate agreement for the entrustment of the processing of personal data of such persons.

§ 5. CONCLUSION OF THE AGREEMENT

The Agreement is concluded by:

1. acceptance of an offer in documentary form using an Autenti signature, or
2. completion of a purchase form within the Data System online shop.

Conclusion of the Agreement signifies acceptance of these Regulations and the obligation to comply with them.

§ 6. TERM OF THE AGREEMENT

The Agreement is concluded for the fixed term specified in the Agreement.
The Client's withdrawal from the use of the Services before the expiry of the period for which the cooperation has been concluded does not give rise to an obligation on Data System to refund part of the Subscription for the period during which the Client is not using the Services.
Subject to the provisions of the Regulations, the day on which the provision of the Services commences is deemed to be the day following the day of Installation of the GPS tracker or following the day of dispatch of the device.
Upon expiry of the fixed term, the cooperation shall terminate.
The above does not apply where the Agreement has been concluded in documentary form, in which case the Agreement shall continue for an indefinite period, with the right for each Party to terminate it subject to a 3-month notice period.
The notice of termination should contain: the Client's data, the contract number, the GPS tracker ID number and the vehicle registration number.
Termination requires documentary form, on pain of nullity.

§ 7. INSTALLATION, REMOVAL, REPAIR

The Installation of the GPS tracker and additional devices – depending on the type of device and the vehicle – may be carried out by the Client themselves, by a car electrician or by an Installer.
The installation instructions are published on the Data System website and contain, for each device, the manner and rules for carrying out the Installation.
Data System shall carry out the Installation, Removal and Repair of the GPS tracker and Additional Devices through Installers, provided the Parties have so agreed.
In such a case, before placing the order, the Client is obliged to indicate: the model, make of the vehicle, year of production, engine capacity, registration number, VIN number and fuel tank capacity.
Failure to indicate any of the specified data entitles Data System to refuse to perform the activity, to treat the complaint as unfounded, and to charge the Client on this account with Additional Fees in the amount in accordance with the Price List.
Within 14 days from the day of signing the Agreement, in the event of ordering Installation, Removal or Repair to be performed by an Installer, the Client is obliged to indicate to Data System the day of the week (excluding statutory public holidays) on which they will make the vehicle available for Installation, Removal or Repair.
The day referred to in the preceding sentence shall be indicated by the Client with at least 5 days' notice and shall fall within 30 days from the day of signing the Agreement or from the day of receipt of the notification of Removal or Repair.
In the event of failure by the Client to perform the obligation referred to in paragraph 3 above, upon the expiry of 30 days from the day of concluding the Agreement, Data System, in connection with its conclusion, including its readiness to provide the Services, shall commence the accrual of the Subscription or shall have the right to terminate the Agreement through the fault of the Client with regard to the given device ID, on grounds of gross breach of the obligations undertaken by the Client.
In the event of termination of the Agreement, the Client shall pay to Data System a contractual penalty in the amount of the Subscription due to Data System for the entire period during which the Agreement for the given vehicle was to be in force.
The commencement of the accrual of the said fee does not preclude Data System's right to terminate the Agreement referred to in this paragraph at a later date.
In each case, the accrual of the Subscription shall commence on the day of Installation, but no later than within 30 days from the day of concluding the Agreement or from the day of dispatch of the devices, whichever of these events occurs first.
In the case of Installation, Removal or Repair of a larger number of devices, the Client shall exercise the utmost diligence in making the greatest number of vehicles available on the same day and at the same location.
In the event of Removal of devices that are rented, the Client is obliged to return the devices to the registered office of Data System without delay, within 7 days from the day of carrying out the Removal.
In the event of failure to perform the obligation indicated in the preceding sentence, the Client shall be charged with the value of the non-returned device, in accordance with the Price List, payable within 7 days from the day of issuance of the debit note.
In each case, the Client shall bear the cost of dispatching (delivering) the devices, in accordance with the Price List.
Access to the Map Application requires the Client to set up an account on the dslocate.datasystem.pl website.
The Client is obliged to set up and activate an account in the DSLocate application.
In the event that the Client fails to set up an account, Data System shall not be liable for any adverse consequences resulting from the Client's failure to perform the said obligation.
The GPS tracker or Additional Devices shall be activated on the day of their Installation, subject to § 9 of the Regulations.
In the event that the vehicle is equipped with an alarm system fitted with ultrasonic sensors or an impact (shock) sensor, due to the possibility of their improper operation and being triggered as a result of the operation of devices based on mobile network coverage technology such as the GPS tracker, the Client authorises Data System to switch off or limit their operation.
Data System shall not be liable to the Client in connection with the switching off or limitation of the operation of the said sensors.
The Client is obliged to cancel the Installation, Removal or Repair ordered to be carried out by the Installer no later than 48 business hours before the agreed date by sending an e-mail to instalacje@datasystem.pl.
In the event of failure to cancel the activities referred to in the preceding sentence, or cancellation at a later date than specified in the preceding sentence, Data System may impose on the Client a penalty in the amount of one man-hour of the Installer and the costs of the Installer's travel in the amount specified in the Price List for each activity not performed, and issue an appropriate debit note, payable within 14 days from the day of its issuance.
In the event of unfavourable weather conditions, the Client is obliged to provide Data System with a suitable, dry and warm place that will enable trouble-free Installation, Removal or Repair by the Installer.
The Client further undertakes, for the purposes of performing the above activities, to make available a technically sound vehicle.
In the event of the Client's failure to provide the place referred to in the first sentence or to make available an unsound vehicle, § 3 paragraph 6 of the Regulations shall apply accordingly.
Furthermore, in such a situation, the Installer shall have the right to refuse to perform the Installation, Removal or Repair with the Client being charged the costs in accordance with paragraph 12 above.
A delay by the Client in presenting the vehicle for a period longer than one hour shall be equivalent to the Client's failure to make the vehicle available.
In such a case, paragraph 12 shall apply accordingly.
Devices belonging to the Client originating from Removal are to be disposed of by the Client at their own expense and risk.
In the event of failure to fulfil the obligation with regard to the return of a GPS tracker or Additional Devices belonging to Data System, the Client is obliged to pay to Data System a contractual penalty in the amount of the value of the non-returned device specified in the Price List, payable within 14 days from the day of drawing up the debit note.
Payment of the contractual penalty does not preclude Data System's right to pursue compensation exceeding the amount of the stipulated contractual penalty, on general principles.
In the event of problems with the operation of a device, the Client is obliged to inform Data System thereof in accordance with § 11 of the Regulations, and to send the device together with a description of the problems and the title of the return of the device (Complaint) to the registered office of Data System, in order to determine the causes of the problem (Repair).
At the moment of the notification referred to in the preceding sentence, the Client shall receive in reply a system number to be used in the course of handling the notification.
If, as part of the ordered Repair, the Client wishes to receive a replacement device, they are obliged to pay the amount on this account in advance, in accordance with the issued invoice.
In such a case, on the day following the day of posting the funds for the replacement device, Data System shall send the replacement device to the Client.
In the event that it turns out that the Client's complaint is justified, Data System shall issue a corrective invoice reducing the invoice for the replacement device.
After the Installation, Removal or Repair carried out by the Installer, the Client is obliged to sign a record confirming the performance of the indicated activities and the manner in which they were carried out.
In the event of the absence of a representative of the Client during the activities, the record signed by the Installer shall constitute the basis for confirmation and settlement of the said activities.

§ 8. WARRANTY

Data System grants a warranty, subject to § 3 and this section of the Regulations, on the GPS tracker and Additional Devices for a period of 12 months, with the exception of batteries or accumulators, for which a 3-month warranty is granted.
The warranty referred to in the preceding paragraph covers defects arising for reasons inherent in the GPS tracker or Additional Devices.
The warranty period is counted from the day following the day of dispatch of the device to the Client or of carrying out the Installation, in the event of ordering it to be performed by an Installer.
In connection with the warranty granted, referred to in paragraphs 1 and 2 above, Data System undertakes to remove free of charge any irregularities in the operation of the GPS tracker and Additional Devices covered by the warranty, arising as a result of damage or failures reported in accordance with the principles set out in these Regulations.
During the warranty period, Data System may, for a fee, remove any irregularities in the operation of the GPS tracker or Additional Devices resulting from damage and failures caused by the actions of the Client, their employees or third parties, in accordance with the remuneration specified in the Price List.
Data System's liability under the warranty, irrespective of the other provisions of the Regulations, shall be excluded in each of the following cases:

1. improper operation of the GPS tracker or Additional Devices, undertaking of repair works or making other interferences in the device by the Client without the consent of Data System;
2. the arising of defects or irregularities in the devices as a result of mechanical damage;
3. flooding of the device with liquids or other substances;
4. use of the device in a manner inconsistent with its intended purpose or properties.

Irregularities in the operation of the GPS tracker or Additional Devices arising after the expiry of the warranty period may be removed by Data System for remuneration specified in the Price List.
As part of the ordered Repair, the Client is informed of the cause of the irregularity of the Device (diagnosis) and of any costs related to the Repair of the device / replacement with a new one.
At the moment of purchasing the Device, the Client has the option of extending the warranty for a further period against payment of an Additional Fee.
The amount of the Additional Fee referred to in the preceding sentence is specified by the offer, the purchase form and/or the Price List.
The Parties exclude Data System's liability for statutory warranty for defects.
The travel of the Installer to the Client is in each case subject to an Additional Fee, in the amount specified in the Price List.

§ 9. DEVICES FOR SELF-INSTALLATION

With regard to devices for self-installation: the Installation is carried out by the Client themselves.
The Subscription is accrued for the period from the day following (business day) the day of dispatch of the device to the Client.
After each Installation or Repair, the Client is obliged to verify the correctness of the activities carried out by logging in to the DSLocate application or by telephoning Data System Technical Support.
In matters not regulated in this section, all other provisions of the Regulations shall apply accordingly.

§ 10. FEES

The Subscription, the Licence Fee and the Additional Fees are specified in the offer, the pro forma invoice, the invoice and, as regards the remainder, in the Price List.
The Client undertakes to make payment of the Subscription, the purchase prices of the device, including the price for a replacement device, the Licence Fee and the Additional Fees within the deadline stated on the pro forma invoice or on the VAT invoice.
The Subscription, the Licence Fee and the Additional Fees are payable in advance. The Client consents to the electronic sending by Data System of electronic invoices (e-invoices) and corrective invoices.
Invoices sent by traditional means shall be subject to a fee in accordance with the Price List.
All other amounts due to Data System shall be payable on the basis of invoices, debit notes or interest notes within the deadline indicated on the accounting document.
When making a transfer, the Client is obliged to indicate in the transfer title the number of the invoice to which the payment relates.
In the absence of an indication of the transfer title, Data System shall have the right to allocate the payments received from the Client in the following order of priority:

1. the oldest, in terms of maturity, arrears in the payment of the Subscription, purchase prices, Licence Fee and Additional Fees;
2. contractual penalties;
3. interest for late payments;
4. costs related to the recovery of amounts due.

The date of payment is considered to be the day on which the amounts due are credited to the Data System bank account.
Data System reserves the right to limit access to the Services provided as a result of maintenance work being carried out on the Operator's or Data System's side.
In the event that an interruption in the provision of services lasted on a single occasion longer than 24 hours, the Client is entitled to claim, for each full day of lack of access to the Services provided, compensation in the amount of 1/365 of the Subscription amount.
The provision specified in paragraph 5 does not apply to cases where the vehicle is outside the range of the mobile network or in places where there is no GNSS signal.
In such a case, the Client shall not be entitled to claim the compensation referred to in paragraph 5, second sentence.
Data System reserves the possibility of temporary limitations in the ongoing transmission of data on the route of the vehicle (in real time) resulting from the changing range of the mobile network (e.g. as a result of the vehicle being in a tunnel, in an underground car park, etc.) without the right of the Client to claim any compensation whatsoever.

§ 11. COMPLAINT PROCEDURE

In the event of ambiguities related to invoices issued by Data System, or any problems related to matters arising from the Regulations or the concluded Agreement, the Client may inform Data System of this fact within 1 month from the occurrence of the event, in writing or by sending an e-mail to the address: biuro@datasystem.pl, specifying in the content of the message:

1. the name of the Client together with the Tax ID (NIP),
2. a brief description of the problem, and
3. details of the person responsible for contact on the Client's side.
  Complaints submitted after the expiry of this deadline shall not be considered.
  The deadline for examining a duly submitted complaint is 30 days counted from the day of its delivery.

The Client is obliged to notify Data System of any irregularities in the operation of the DSLocate system without delay, within 1 month from the occurrence of the event, in writing, by sending a message to the e-mail address: pomoc.techniczna@datasystem.pl, specifying in its content:

1. the name of the Client together with the Tax ID (NIP),
2. a brief description of the problem,
3. the Device ID, and
4. details of the person responsible for contact on the Client's side.
  Upon receipt of the notification, Data System shall verify it by carrying out an attempt to remotely remove the fault.
  In the event of the failure of the attempt to remotely remove the fault, the Client is obliged to send the device to the address of the registered office of Data System in order to verify the problem.
  In such a case, § 8 of the Regulations shall apply accordingly.
  Complaints submitted after the expiry of the deadline indicated in the first sentence shall not be considered.

In the event of the occurrence of irregularities in the operation of the DSLocate system that are found by an external service provider of the vehicle manufacturer as part of a fault expertise, while at the same time a representative of Data System does not take part and a tripartite inspection record is not signed, the Client may not claim the return of any costs incurred on this account.
In the event of submission of a complaint or irregularities in the operation of the DSLocate system, the Client is not released from the obligation to pay amounts due to Data System.

§ 12. TERM OF THE AGREEMENT

The Agreement is concluded for the fixed term specified in the Agreement without the possibility of its termination before the expiry of this period, subject to § 13 of the Agreement.
The Client's withdrawal from the use of the Services before the expiry of the period for which the cooperation has been concluded does not give rise to an obligation on Data System to refund part of the Subscription for the period during which the Client is not using the Services.
Subject to the provisions of the Regulations, the day on which the provision of the Services commences is deemed to be the day following the day of Installation of the GPS tracker or following the day of dispatch of the device.
Upon expiry of the fixed term, the cooperation shall terminate.
The above does not apply where the Agreement has been concluded in documentary form, in which case the Agreement shall continue for an indefinite period, with the right for each Party to terminate it subject to a 3-month notice period.
The notice of termination should contain: the Client's data, the contract number, the GPS tracker ID number and the vehicle registration number.
Termination requires documentary form, on pain of nullity.

§ 13. TERMINATION OF THE AGREEMENT

The Agreement may be terminated by Data System with immediate effect if the Client has breached the provisions and/or terms of cooperation specified in the offer and/or in the Regulations.
The termination of cooperation before the expiry of the period for which it has been concluded does not entitle the Client to claim the refund of part of the Subscription for the period from the day of termination of the Agreement to the end of the period for which the cooperation has been concluded.
The notice of termination requires documentary form, on pain of nullity.
The Agreement may be terminated by the Client with immediate effect if Data System has grossly and culpably breached the provisions/terms of cooperation in the scope covering the provision of the Basic Service, after the ineffective expiry of the 30-day period indicated in a written request addressed to Data System by the Client, containing a demand to cease the breaches or to remove their effects, insofar as these are removable.
The notice of termination requires documentary form, on pain of nullity.

§ 14. FINAL PROVISIONS

These Regulations are effective as of 1 June 2025.
Any amendments to the Agreement require documentary form on pain of nullity.
These Regulations are available on the website at the following address:
Data System reserves the right to unilaterally amend the Regulations, for important reasons, in particular:

1. changes to the provisions of law,
2. extensions of the functionality of the DSLocate system,
3. adaptation of the offer and conditions of provision to technological, operational or organisational changes.
  The amended Regulations shall be effective from the day of their publication on the website.
  Notification of an amendment to the Regulations may take place by way of information in the DSLocate Application and an announcement on the Data System website.

In the event of an objection being raised against the amended Regulations, the Parties shall enter into negotiations with a view to adjusting the terms of cooperation.
Until the conclusion of the negotiations, the Regulations hitherto in force shall apply.
Amendments to the Regulations shall not apply to services provided and completed before the day of entry into force of the amended Regulations.
The Client hereby consents to the transfer by Data System in the future of any and all rights and obligations arising out of the concluded Agreement and the Regulations to a third party.
In particular, this consent satisfies the requirement of Article 519 § 2 of the Civil Code.
In matters not regulated, the provisions of the Civil Code shall apply, with the exclusion of Article 746 § 1 and § 2 of the Civil Code.
Any disputes arising out of the cooperation shall be submitted by the Parties to the jurisdiction of the court competent for the place of the registered office of Data System.
The Agreement is governed by Polish law and shall be interpreted in accordance with it.
The Polish courts have exclusive jurisdiction to resolve any disputes, claims or controversies arising from or in connection with the Agreement, and the Parties submit to the exclusive jurisdiction of the courts in Poland, according to the registered office of Data System.
For the avoidance of doubt, it is agreed that none of the provisions of these Regulations applies to a Client who is a consumer within the meaning of the Civil Code.