Terms of service "UnderStand”
§ 1
General provisions
These terms and conditions hereinafter referred to as the "Terms" defines the rules, specifies the principles, scope and terms of providing the "UnderStand" service by EDGE NPD Sp. z o.o. with its registered office in Warsaw at ul. Czeska 22, entered into the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number: 0000441520, Tax Identification Number: 9522122126, REGON: 146413766, share capital PLN 50,000.00, e-mail: office@edgenpd.com (hereinafter referred to as EDGE).
The use of the service referred to in paragraph 1 above is conditioned by the Customer and the User accepting the terms of these Terms and respecting the applicable law.
Unless the provisions of this Terms provide otherwise, the following terms shall have the following meanings:
Provider or EDGE - EDGE NPD Sp. z o.o. with its registered office in Warsaw (03-902) at ul. Czeska 22, entered into the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number: 0000441520, Tax Identification Number: 9522122126, REGON: 146413766, share capital PLN 50,000.00, e-mail: office@edgenpd.com
Customer - a natural person, legal person or organizational unit without legal personality running a business, which uses the Service in any way. 
Service - a paid service provided by the Provider to the Customer, consisting in providing the Customer with devices and individual application modules under the name "UnderStand" used, inter alia, for measure parameters of merchandisers and monitor the geographic and in-store location of merchandiser.
Application – an application allowing, after logging in, access to the panel with measurement statistics sent by the UnderStand devices;
Breakdown - total lack of access to the Service;
Error – an operation of the Service incompatible with the documented functions of the Service;
User - a natural person authorized by the Customer to access and use the Service on behalf of the Customer; There are 3 types of user accounts: (I) Administrator - allows creating user accounts, (II) Editor - allows editing and creating dashboards; (III) Viewer - allows viewing dashboards;
User's Account - a separate place on the Provider's website in which data is saved, including data relating to the Customer and User, to which the User accesses after successfully logging into the Provider's website using login and password; the user account is created by the Administrator;
Administrator's Account - a separate place on the Provider's website allowing to use the Service and creating and managing User Accounts to which the Administrator Account user accesses after successfully logging into the Provider's website using login and password; the Administrator account is created by the Provider;
Contract - an agreement for the provision of Services, concluded between the Provider and the Customer; the contract is concluded on the terms set out in these regulations, including its attachments, and in the scope not regulated in the Terms - in the provisions of Polish law;
Pricelist - an attachment to the Contract, specifying the amount and terms of payment for using the Service by the Customer;
Terms - these rules of use of the Service along with its subsequent changes.

§ 2
Terms of the Services
In order to use the Application, the Customer must have (recommended requirements):
Internet browser,
Virtual machine (as stated by the publisher).
The provision of Services, including the use of the Application, requires the prior conclusion of a Contract with EDGE. You must enter the Customer/User login and password before each time you log in to the Application. 
The Customer will receive a login and password to access the Administrator Account after EDGE has begun providing the Service.
The Customer himself gives access to User Accounts. The Customer may not provide access data to the Service in any form to any third parties.
The Customer is obliged to ensure compliance with the provisions of these Terms and respect for copyrights and intellectual property rights of EDGE and software producers necessary to use the Services by the Users and employees of the Customer and bears full responsibility for the damages caused by them.
The Customer may not delete, modify or cover any copyright, trademark, or other proprietary rights markings that are contained or are used as part of the Service.
The Customer can not reproduce the source code, decompile or disassemble Application or Service.
The Customer is entitled to use the Service only in the scope of servicing his own business.
EDGE reserves the right to suspend the provision of Services for the time necessary to carry out maintenance or related to the modification of systems, but it is obliged to inform the Customer about it in advance.
All copying, making changes, as well as public playback of shared content without the consent of the Provider is prohibited, unless it results from separate agreements or mandatory provisions of law.
Some areas of the Service or content provided on or through the Service may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Service or content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between these Terms, and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Service or for specific content, the latter shall have precedence and control with respect to your access and use of that area of the Service or content.


§ 3
The scope of the Service provided electronically

On the basis of the Contract concluded with the Customer, the Provider enables the Customer to, amongst others:
measure the performance of merchandisers and compare the results to the standard store shelf;
monitor the geographic and in-store location of merchandiser;
measure the temperature and humidity.
The scope of the Service provided to the Customer is set out in the Contract.

§ 6
Renumeration
The Provider's remuneration, payable by the Customer for using the Service, is specified in the Price List.
The cost of running the Application is a combination of the selected Service plan charges plus the infrastructure costs for the virtual machines on which the Customer will be running the Application. 
The Customer acquires access to the Service, the scope of which depends on the arrangements made by the Parties in the Contract.
The Provider issues a VAT invoice for providing the Service to the Customer.
Payments for selected Service plan charges may be made by bank transfer to the Provider's bank account on the date specified in the Contract.

§ 7 
Complaints
The Customer may file a complaint regarding a Breakdown or Error by calling +48 786 857 199 or by mail to thestore@edgenpd.com. 
In order to investigate the complaint more quickly, the Customer should include in the complaint notification, in particular:
accurate identification of the Customer,
a possibly accurate description of irregularities in the provision of the Service,
the date of occurrence of irregularities and its duration.
Complaints shall be considered by the Provider immediately, however not later than within 14 days from the date of their receipt by the Customer.
The response to the complaint is provided by e-mail or in writing.
The rules for handling service requests constitute an attachment to the Contract.
If an Error is reported, which results in the creation of such source records or results in the database that cause adulteration of the results of the Service, EDGE will remove the Error immediately, but no later than within 14 days.
Errors that do not cause the effects listed in paragraph 6 above, will be removed by EDGE only in subsequent versions of the Service.
The Provider is not bound by any deadline set to repair any irregularities in the provision of the Service, if the irregularity in the provision of Services was caused by reasons attributable to the Customer, his provider or as a result of violation of the Terms by him, his employee or the User. Such an irregularity, if it is removed by EDGE, will be treated as an additional service performed on the Customer's additional order and EDGE may demand an appropriate fee from the Customer for its performance.

§ 8
Liability

Liability of the Provider towards the Customer from all the titles resulting from the Contract, in particular in connection with non-performance or improper performance of the Contract, as well as resulting from the law, is limited to the net value of the monthly subscription fee paid by the Customer prior to the event giving rise to the Provider's liability. The Provider shall not be liable for damages resulting from interruptions in the Customer's access to the Internet or interruptions in the provision of Services caused by non-fulfillment of obligations by third parties who are not subcontractors of the Provider.
The Application is provided “as is” and the Provider makes no warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and non-interference. Under no circumstances shall the Provider be liable 
Under no circumstances the Provider shall be liable for any direct, special, incidental, indirect, or consequential damages, including but not limited to loss of data or lost profits, or any claim made by a third party or made by the Customer/User for a third party.
The Provider shall not be liable for damages caused by the lack of continuity of the Services due to the fault of the Customer, in particular the Provider's liability is entirely excluded in the case of:
improper installation of Application or devices, unless the Provider responds to the installation of the Application/devices,
interference with the Service by unauthorized persons;
errors and gaps in databases supported by the Provider,
incorrect use of Application or Services.
The Provider shall not be liable for damages arising due to the lack of adequate security against taking over the access data or making the access data available to unauthorized or unreliable persons.
In the event that additional options within the scope of the Contract provide for the possibility of using the Service by a larger number of people (creation of a specific number of accounts for internal Users), Customer assumes full responsibility for all actions of these people who are not a party to the Contract with the and use a certain scope of the Service provided to the Customer.
Creating Users' accounts and providing them with the Service may only apply to persons who are in a relationship of business or organizational subordination with the Customer and under no circumstances may be directly or indirectly associated with any financial gain for providing the Service to Users.


§ 9
 Amendments to the Terms
The Provider reserves the right to change the Terms. Any changes to the Terms shall be provided to the Customer at least 14 days in advance of the effective date of the amendments.
Amendments to the Terms do not affect orders or payments made by the Customer before the date of their entry into force. The abovementioned changes to these Terms shall also be notified via e-mail (e-mail).
If the Provider changes the Terms and the Customer does not accept the changes, the Customer is entitled to terminate the Contract with the notice period specified in the Contract. If the Customer fails to provide the Provider with a statement of termination of the Contract within one month from the day of publication of the notice on the change of Terms, it is considered that the Customer has accepted the changes made by the Provider.

§ 10
Final Provisions

The materials or information published on the website, unless it is clearly stated, do not constitute an offer within the meaning of the law.
The law applicable to the provision of the Agreement covered by the regulations is the provisions of Polish law. The binding language is Polish.
To the extent not covered by these Terms, the applicable provisions of law shall apply, in particular: The Polish Act on Electronic Services, General Data Protection Regulation and the Polish Civil Code.
The appropriate court for resolving any disputes arising in connection with the conclusion or performance of the Contract or Terms shall be the common court having jurisdiction over the Provider’s registered office.