Terms of service – Navifleet Manager

§ 1. Introductory provisions

Navifleet (hereinafter “Navifleet”) is a complete fleet management platform which gives access to the purchased features that do not require GPS trackers to be installed in vehicles:
1. records of fleet data (including vehicles, users, scanned documents, photographs),
2. electronic vehicle handover reports,
3. periodic vehicle condition reports,
4. reporting and recording damage and remarks on the condition of a vehicle,
5. recording fleet documents and policies
and to the purchased features that do require GPS trackers to be installed in vehicles:
1. GPS vehicle tracking,
2. driving style analysis,
3. fuel control in the fleet,
4. remote tachograph,
5. settlement of business trips,
6. integration with SENT or e-TOLL,
Navifleet is operated by NAVIFLEET Spółka z ograniczoną odpowiedzialnością, ul. Mogilska 43, 31-545 Kraków, Poland, VAT ID (NIP): 7372169791, company number (KRS): 0000954712, registry court: District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, share capital: PLN 60,000.00. Wherever the rest of these terms says “we”, “our”, “us” and the like, it refers to the entity named above.
Navifleet is used through the website or the mobile application on the basis of a contract for the use of Navifleet concluded with us in the traditional way, in writing or in documentary form (exchange of scans of the signed contract by e-mail), or by your acceptance of these terms electronically. If you conclude the contract in the traditional way, its wording prevails over these terms, and these terms apply to matters the contract does not cover.
Use of Navifleet is subject to a fee, except for the free trial period referred to in § 3 of these terms.
You can contact us about Navifleet on the terms set out in the “Contact” section of our website.
To use Navifleet through the website you need a device with an installed, up-to-date web browser with cookies enabled, an internet connection and an active e-mail address.
To use Navifleet through the mobile application you need a device with a working, up-to-date Android or iOS system, an internet connection and an active e-mail address.

§ 2. Parties to the contract

The service provider is us, that is NAVIFLEET Spółka z ograniczoną odpowiedzialnością, ul. Mogilska 43, 31-545 Kraków, Poland, VAT ID (NIP): 7372169791, company number (KRS): 0000954712, registry court: District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, share capital: PLN 60,000.00.
The service recipient is you, and if you accept these terms on behalf of another entity, for example a company, the service recipient is that entity. In the latter case, accepting these terms amounts to a statement that you are authorised to conclude the contract with us on behalf of that entity.
Wherever these terms address “you”, they mean the service recipient.
Please make sure that everyone who will use Navifleet under the contract reads these terms. You are fully responsible for their use of Navifleet. Everything those people do will always be treated as an act of the service recipient that is a party to the contract.

§ 3. Trial period and paid use of Navifleet

If you have never used Navifleet before, you may take a one-off free trial period lasting 30 days from registering a user account, which allows you to test the features listed in § 1(1) of these terms that do not require GPS trackers to be installed.
To use the free trial period you need to register a user account yourself using the online form provided for that purpose.
During the trial period you can get to know some of the features of Navifleet and then decide whether you want to continue using it on a paid basis.
Taking the trial period does not oblige you to conclude a contract for paid use of Navifleet once it ends. Your trial account will be deactivated and no fees will be charged.

§ 4. GPS trackers

For some Navifleet features, listed in § 1(6)–(11) of these terms, to work properly, trackers must be correctly installed in the cars or other equipment being monitored.
You can buy or rent the trackers from us. By way of exception we also allow other trackers to be used, but this requires notifying us in advance and checking whether they meet our requirements.

§ 5. Purchase of GPS trackers

If you decide to buy trackers, the sales contract is concluded on the terms set out here, unless at your express request we conclude a sales contract independently of these terms. § 2 of these terms applies accordingly to identifying the parties.
The sale price is agreed individually when you report your requirement for trackers. If you later want to buy more trackers, the financial terms we apply at the time of that later request will be binding.
When buying trackers you state the number of devices and we send you, electronically, a pro forma invoice for the full sale price paid in advance. The sales contract is considered concluded once the sale price is credited to our bank account. The trackers bought are delivered to the address you give by courier, unless you choose to collect them in person at the address we provide or you also order installation, in which case the trackers are delivered by the installer we send to you.
If you conclude the sales contract as a consumer within the meaning of the Polish Civil Code, or as a natural person referred to in Article 38a of the Polish Consumer Rights Act, you may withdraw from the sales contract within 14 days of taking possession of the trackers by submitting a withdrawal statement to us. You may use the form available at navifleet.pl/kontakt. You bear the direct cost of returning the goods.

§ 6. Rental of GPS trackers

If you decide to rent trackers, we conclude – in writing or in documentary form (exchange of scans of the signed contract by e-mail) – a contract for the use of the Navifleet application together with tracker rental.
That contract states the number of trackers rented.
The number of rented trackers can be increased without amending the contract. It is enough to inform us electronically that you want to increase it. We will confirm the change electronically as well.
An increase in the number of rented trackers takes effect once we confirm it. Rent for those additional trackers is charged after 25 days from delivery of devices ready for installation. On the first day of the calendar month following those 25 days we issue a VAT invoice covering the rent for the period from the moment the rent started to accrue until the last day of the billing period then in progress. After that period, the rent for the additional trackers is added to the fee for using Navifleet and, together with it, forms the subscription fee settled in accordance with § 13 of these terms.
Trackers are rented for a period corresponding to the term of the contract for the use of the Navifleet application.
Subject to paragraph 4 above, rent is due from the first day of paid use of the Navifleet application (in accordance with § 13(2) of these terms), is added to the fee for using Navifleet and, together with it, forms the subscription fee settled in accordance with § 13 of these terms.
You may terminate the tracker rental in whole or in part. § 9(4) of these terms applies accordingly to the notice period. If you terminate the rental in part, you must state the number of trackers you are giving up.
Terminating the contract for the use of Navifleet also terminates the rental in whole. The rental may also be terminated in whole independently of the contract for the use of Navifleet.
If, after terminating the rental in whole, you still want to use Navifleet, you must tell us. Otherwise we assume that terminating the rental also terminates the contract for the use of Navifleet.
Subletting the trackers is prohibited.
Rented trackers are delivered to the address you give by courier, unless you choose to collect them in person at the address we provide or you also order installation, in which case the trackers are delivered by the installer we send to you.
Once the rental ends you must return the trackers promptly, and no later than within 14 days, in a condition no worse than when received. If a tracker is not returned to us, you must pay us an amount equal to its price as at the date the contract was signed.

§ 7. Installation of GPS trackers

You can install the trackers in the cars or other monitored equipment yourself, or order the installation service from us.
In the case of self-installation we are not liable for trackers malfunctioning or being damaged because of installation errors.
If you order the installation service from us, it is charged separately according to an individual quotation prepared when you report your installation requirement. The installation is arranged individually at a time convenient for both parties. If the installation is to take place at a location you indicate, the installer's travel to that location is payable, which is reflected in the quotation referred to above.
During the term of the contract a tracker may be moved to another car or device, which requires notifying us in advance so that we can check that all readings are correct in the new vehicle or device. Moving a tracker follows the same rules as described above, except that if you order the moving service from us, an individual quotation applies to both removal and re-installation.

Every tracker must be checked for correct operation after installation, whether you install it yourself or order the service from us. The check is carried out remotely and is intended to establish whether the tracker works correctly with the Navifleet system. If you install a tracker yourself, you must notify us individually that it is ready to be checked. If our installer carries out the installation, we will perform the check without any notification.
We are not liable for a tracker malfunctioning if it has not been checked on the terms set out above.
A tracker must contain a SIM card capable of transmitting data between the tracker and the Navifleet system. We provide the SIM card and cover the cost of its service. Using your own SIM card is not possible unless we agree to it, having first verified that the connection with the Navifleet system works correctly.

§ 8. Warranty for GPS trackers

Trackers bought or rented from us are covered by a statutory warranty for defects, with the warranty limited as to the scope of our liability, its duration, the claims available to you and the rules for handling complaints, in accordance with the provisions below.
The warranty does not cover mechanical damage to trackers, malfunction caused by external factors beyond our control, or malfunction caused by unauthorised third-party interference with a tracker.
We are liable under the warranty if a defect in a tracker is found and reported in a complaint within one year of the sales contract being concluded. This does not apply to rented trackers, where the warranty applies throughout the rental period.
You can submit complaints by e-mail or from your user account.
Every complaint is considered individually within 14 days of being received.
While handling a complaint we may ask you for additional information, explanations, photographs and so on.
At the first stage we try to solve the problem remotely. If that proves impossible, within 7 working days we send an installer to the address you give, who tries to solve it on site. If that is impossible too, the installer removes the faulty tracker and installs a replacement in its place, subject to paragraph 8 below. The faulty tracker is taken by the installer and delivered to our service centre for diagnosis.
If the circumstances of the malfunction allow you to remove the faulty tracker and install the replacement yourself, we send you a replacement tracker within 7 days at our cost, and you send the faulty one back to us at your cost. If the faulty tracker does not reach us within 14 days of the complaint, you must pay us the price of the replacement tracker.
The replacement tracker may be brand new or used, at our discretion, except that if the complaint concerns trackers bought from us and was made within the first 3 months of the sales contract, we guarantee that the replacement will be brand new.
Diagnosing a faulty tracker may take up to 2 months. Once it is complete, we inform you of the cause of the fault.
If the cause of the fault is covered by the warranty, the replacement tracker becomes your property and the diagnosed tracker becomes ours, as of the moment you receive the information about the cause. This does not apply to trackers rented from us, which remain our property throughout the rental period.
If the complaint concerns a tracker bought from us and the cause of the fault is not covered by the warranty, you must pay us the price of the replacement tracker and the fee for removing the faulty one and installing the replacement, unless the fault is repairable – in which case you bear the cost of repair, no higher than the price of the replacement tracker. You must also decide what we are to do with a damaged tracker that cannot be repaired once it has been diagnosed. Within 14 days of being informed that the cause is not covered by the warranty you may decide to collect the damaged tracker in person, to have it sent at your cost to an address you give, or to have it scrapped. If you do not tell us your decision within that time, we assume the tracker is to be scrapped.
If the complaint concerns a tracker rented from us and the cause of the fault is not covered by the warranty, you must cover the cost of repair, and if the fault cannot be repaired, pay us an amount equal to the price of the tracker.
For trackers bought from us we can provide paid technical service after the warranty period ends. The financial terms are agreed individually.
A replacement tracker is also covered by the warranty, except that the warranty period does not start afresh when the replacement is installed.
For the avoidance of doubt, under the limited warranty you may only exercise the rights arising from the provisions above. In particular, you are not entitled to withdraw from the contract, to a price reduction or to a reduction in rent.

§ 9. Service contract and user account

Navifleet is used on the basis of the contract for the use of Navifleet referred to in § 1(3) of these terms.
If the contract is concluded in the traditional way by both parties signing it, it is concluded when we receive a copy (or scan) of the contract signed by you.
If the contract is concluded by accepting these terms, it is concluded when we receive your statement accepting them.
The contract is concluded for an indefinite period and may be terminated at any time with a notice period corresponding to the time remaining until the end of the billing period in which notice is given, except that if less than a month remains until the end of that billing period, the notice period is extended to the end of the calendar month following the month in which notice was given. Notice may be given in writing, through the help panel after logging in to your user account, or by e-mail.
If you conclude the contract as a consumer within the meaning of the Polish Civil Code, or as a natural person referred to in Article 38a of the Polish Consumer Rights Act, you may withdraw from the contract for the use of Navifleet within 14 days of its conclusion by submitting a withdrawal statement to us, for example by e-mail.
After the contract is concluded we set up an individual Navifleet user account for you and send you its access details electronically. You are responsible for keeping those access details secure and confidential so that unauthorised persons cannot log in.
The user account gives access to all the Navifleet features ordered once you log in. You log in through the Navifleet website or mobile application.
Within your user account you can also create sub-accounts for other people in your organisation and decide on their permissions. Each person for whom you create a sub-account will be able to log in through the Navifleet website or mobile application and use Navifleet within the permissions you assign to that sub-account. Remember that you are fully responsible for their use of Navifleet. Everything those people do will always be treated as an act of the service recipient that is a party to the contract.

§ 10. Scope of available features

The scope of features available in Navifleet depends on the service configuration.
The service configuration follows from the modules and the monitoring area you choose.
The available options are discussed in a conversation with our sales representative.
The choice of modules and monitoring area is agreed individually with our sales representative and confirmed by an electronic order in the form of an e-mail.
The service configuration may change during the term of the contract.
A change to the service configuration is agreed individually with our sales representative and confirmed by an electronic order in the form of an e-mail.
A change that extends the scope of features by adding modules or enlarging the monitoring area applies from the moment the change is confirmed by an electronic order.
A change that narrows the scope of features by giving up modules or reducing the monitoring area applies from the first day of the billing period following the one in which the change was confirmed by an electronic order.
We are entitled to carry out technical and IT work aimed at developing Navifleet. As a result, the features available to you may change. If the changes are unacceptable to you, you may terminate the contract with effect at the end of the billing period in progress when notice is given.

§ 11. e-TOLL

The e-TOLL system is an external system, independent of Navifleet and supervised by the Head of the Polish National Revenue Administration, which collects data on the movement of vehicles along sections of the toll road network in order to calculate and collect the electronic tolls due under national law.
Navifleet holds the status of an Operator authorised by the Head of the National Revenue Administration and approved to support the e-TOLL system.
Within Navifleet you can use the e-TOLL module, which collects and processes geolocation data from OBU/ZSL devices installed in the vehicles you select, describing the movement of those vehicles on the toll road network, and transmits that data to the e-TOLL system in order to determine the electronic toll for that movement. The purpose is to let you meet your obligation to settle the electronic toll in the e-TOLL system for the vehicles you select.
An OBU is a device installed in a specified vehicle through which Navifleet obtains location data for that vehicle within the toll road network, intended solely for collecting the data needed to support the e-TOLL system. OBU devices may only be the subject of a sales contract – § 5 and § 7 of these terms apply accordingly.
A ZSL is an external locating system assigned to a specified vehicle, through which Navifleet obtains location data for that vehicle, equipped with features for collecting data, including the data needed to support the e-TOLL system. ZSL devices may be the subject of either a sales contract or a rental contract, as you decide – § 4, § 5, § 6 and § 7 of these terms apply accordingly.
Where § 11 of these terms refers to trackers, this means both OBU and ZSL devices.
Using the e-TOLL module in Navifleet is up to you. You may use Navifleet only for the e-TOLL module, or combine it with the other modules available, which is reflected in the service configuration referred to in § 10 of these terms.
The fee for using the e-TOLL module depends on the number of OBU/ZSL devices you declare in the electronic order. The amount is set in accordance with § 13(5) of these terms. § 10(6)–(8) applies accordingly to changes in the number of declared OBU/ZSL devices.
Navifleet does not represent you before the authorities of the National Revenue Administration in meeting the obligations laid down by national law in connection with paying the electronic toll or the consequences of failing to settle it correctly. This concerns in particular registration in the e-TOLL system, registration of vehicles subject to the toll and declaring the vehicle parameters that affect its amount, and administering the e-TOLL Customer Online Account – duties you must perform yourself unless we agree otherwise in writing, on pain of nullity.
For the e-TOLL module to work properly, you must:
1. equip each vehicle subject to the electronic toll with an OBU/ZSL device integrated with Navifleet,
2. register in the e-TOLL system as an entity obliged to settle the electronic toll and obtain access to the e-TOLL Customer Online Account,
3. register the vehicles for which the electronic toll must be paid through the e-TOLL system,
4. receive from us the unique identification number assigned separately to each OBU/ZSL device, by which the device will be identified in the e-TOLL system as authorised by the National Revenue Administration,
5. add the OBU/ZSL device in the e-TOLL Customer Online Account, giving its unique identification number, and link that number with the details of the vehicle in which the device is installed,
6. inform us that you have completed the whole procedure above.
At any time you may change, within the e-TOLL Customer Online Account, the link between an OBU/ZSL device and the details of another vehicle. A change of this kind does not affect the fee due to us for the use of the e-TOLL module.
Within the e-TOLL Customer Online Account you may deregister an OBU/ZSL device or a vehicle from the e-TOLL system. In that case you must notify us that you have done so, and from the next billing period the fee for using the e-TOLL module will be reduced by the deregistered device or vehicle. § 10(6)–(8) applies accordingly.
Everyone using a vehicle with an OBU/ZSL device installed must:
1. use the OBU/ZSL devices in accordance with the instructions we provide,
2. use the OBU/ZSL device correctly by switching it on after every shutdown or deactivation (for example after the vehicle has been parked),
3. check that the OBU/ZSL device is working correctly while the vehicle is moving, based on the signals of the device's indicators,
4. not interfere with the construction of the OBU/ZSL device or its software,
5. ensure uninterrupted power supply and data transmission so that data can be transmitted correctly,
6. not expose the OBU/ZSL devices to adverse external factors, including temperature,
7. in emergencies, use the e-TOLL PL Mobile Application, which is independent of Navifleet, if the OBU/ZSL devices do not work or work incorrectly, whatever the cause; the operating conditions of the e-TOLL PL Mobile Application are set out on the website of the Polish Ministry of Finance; for vehicles with a maximum permissible mass of up to 3.5 t, an alternative to the e-TOLL PL Mobile Application in an emergency may be a journey declaration made in the e-TOLL Customer Online Account.
Once logged in to your Navifleet user account you can manage the e-TOLL module day to day and check information coming from the e-TOLL system. The basic features of the e-TOLL module in Navifleet are:
1. automatic registration of OBU/ZSL devices in the e-TOLL system and assignment of their business numbers
2. transmission of location data to the e-TOLL system in accordance with the requirements of the National Revenue Administration
3. monitoring of the continuity of data transfer to the e-TOLL system,
4. warnings about problems communicating with the e-TOLL system, in particular about missing current location data and loss of communication with e-TOLL,
5. optional SMS messages about communication problems sent to a designated phone number (a paid service, according to the current price list),
6. a list of all OBU/ZSL devices with their communication status and business numbers.
If the Chief Inspector of Road Transport imposes a penalty in connection with the use of the e-TOLL system and you wish to bring any claims against us, you must first use the appeal route available to you under the applicable law. Only afterwards may you bring any claims against us, bearing in mind the exclusions and limitations of liability described in § 14 of these terms.

§ 12. Prohibited conduct

You must use Navifleet in a manner consistent with the law and these terms. The following conduct is prohibited in particular:
1. processing personal data through Navifleet in breach of generally applicable data protection law, in particular without a valid legal basis for the processing,
2. submitting User Content in breach of the rules set out in § 7 of these terms.
3. any attempt to interfere with the source code, scripts, features, software and the like relating to Navifleet,
4. reproducing the Navifleet computer program in any way other than as necessary to use Navifleet through the website or the mobile application,
5. using Navifleet in breach of the terms of the licence granted,
6. using Navifleet in a way inconsistent with the nature and purpose of the platform, in particular in a way that disrupts other users' use of Navifleet,
7. using Navifleet in a way that leads to a prohibited act or a tort within the meaning of the applicable law, in particular by committing a crime,
8. using Navifleet in a way that undermines the integrity of the Navifleet IT system,
9. attempts at reverse engineering, decompiling, disassembling and any other acts aimed at obtaining the source code in breach of the applicable law.
If Navifleet is used contrary to the law, these terms or good practice, we may block your access to Navifleet and will inform you of this by e-mail. In that case you are not entitled to any refund, in whole or in part, of payments previously made to us in connection with the use of Navifleet – the fee attributable to the period of the block constitutes a contractual penalty for the prohibited use of Navifleet.
In the situation described above you have the right to submit explanations, which we will consider within 7 working days. If we find them satisfactory, we will restore your access to Navifleet. We may also make restoring access conditional on the effects of your prohibited use being removed. If you submit no explanations, we find them unsatisfactory, or you do not remove the effects of your prohibited use, we may terminate the contract between us with effect at the end of the billing period in progress when notice is given. Notice may be given as a statement contained in an e-mail.

§ 13. Subscription fees

The subscription fee is the fee for using Navifleet, including the fee for using the e-TOLL module (if you use it), and where trackers are rented from us it also includes the rent.
For the first 25 days after GPS trackers ready for installation are delivered to you, no subscription fee is charged for them. After that time we start charging subscription fees for them, whether or not they have been installed.
The fee for using Navifleet is set as an amount per calendar month of use, but subscription fees are paid in billing periods that may be longer than a calendar month.
The fee is due to us for making Navifleet available to you, whether or not you actually use all or any of its features.
The amount of the fee is agreed individually and confirmed by an electronic order in the form of an e-mail. We may increase the fee with effect from the start of the next billing period, informing you no later than 7 days before the end of the billing period in progress. If no agreement can be reached on the increased amount, you may terminate the contract with effect at the end of the billing period in progress when notice is given. An increase in the fee is confirmed by an electronic order in the form of an e-mail.
Irrespective of the right referred to in § 13(5) of these terms, the fee and the rent may be indexed annually (by the end of February of each calendar year) by the average annual consumer price index published by Statistics Poland (GUS). We inform you of the indexation by e-mail. The indexed fee applies from the month following the month in which we inform you of it.
Where trackers are rented from us, the rent is set as a monthly amount, but subscription fees are paid in billing periods that may be longer than a calendar month.
The billing period is agreed individually and confirmed by an electronic order in the form of an e-mail, and is always a period equal to a calendar month or a chosen multiple of it, for example 1 calendar month, 3 calendar months and so on. A billing period starts on the first day of a calendar month and ends on the last day of a calendar month.
You can change the billing period by contacting us no later than 7 days before the end of the billing period in progress.
The change takes effect at the start of the next billing period.
The subscription fee is payable on the basis of an invoice delivered electronically, made available for download from the user account and sent to the e-mail address set in the Application as the invoice delivery address.
Invoices are issued on the first working day of the billing period. If that is not possible for reasons beyond our control, invoices are issued promptly on the next possible working day.
The subscription fee is payable in advance for the months covered by the current billing period, within 7 days of the invoice being delivered, to the bank account given on the invoice or through an instant electronic payment system.
If the first day of paid use of Navifleet (in accordance with § 13(2) of these terms) does not fall on the first day of a calendar month, the first invoice also includes a pro rata subscription fee for the period from the first day of paid use to the last day of the calendar month in which that first day fell.
The account number given on the invoices we issue is an individual account (a technical account) linked directly to the settlement account no. 86 2490 0005 0000 4500 6566 5502, which we have reported to the tax office and which appears in the electronic register of taxable entities. Using a technical account is legally permissible and allows payments to be settled faster.
In the situation referred to in § 10(7) of these terms (extension of the scope of features), the invoice for the first billing period after the change to the service configuration also includes a pro rata amount for the additional features active in the previous billing period that have not yet been billed.
If payment of the subscription fee is more than 14 days late, we may block your access to Navifleet. Access will be restored promptly, and no later than within 1 working day after the arrears are credited to our bank account or successfully authorised in the electronic payment system.
If payment of the subscription fee is more than 28 days late, we may additionally terminate the contract for the use of Navifleet with immediate effect (notice may be given as a statement contained in an e-mail).
Termination of the contract results in the permanent deletion of the data previously collected in the Navifleet application and available within the user account, 30 days after the contract ends, unless we receive an instruction from you to delete the data earlier. In that case, using Navifleet again requires the arrears to be paid and the device to be reconfigured – which is done remotely. All of this is payable according to an individual quotation prepared when you report your requirement to use Navifleet again. If Navifleet is used again after the permanent deletion referred to above, the data previously collected in the application cannot be restored.

§ 14. Liability, support, complaints

Before concluding the contract with us you can see a demo version of Navifleet in order to decide whether it meets your needs, which means that concluding the contract amounts to a statement that Navifleet meets your individual needs and lets you achieve the goals you expect.
Notwithstanding the above, we stress that Navifleet is made available to you “as is”. We do not guarantee that Navifleet will fully meet your needs or allow you to achieve all the goals you expect.
Vehicle tracking with Navifleet is possible only within the coverage of the infrastructure associated with the SIM card installed in the tracker. We are not liable for territorial restrictions applied by the SIM card operator.
We are not liable for Navifleet performing unsatisfactorily due to circumstances beyond our control. Such circumstances are in particular:
1. unreasonable goals or unjustified expectations of yours regarding Navifleet,
2. breaks in the connection between the tracker and the Navifleet system caused by the SIM card operator,
3. malfunction of a tracker that was not bought or rented from us, or that was bought or rented from us but installed by you,
4. malfunction of a tracker following any interference by you with the tracker or its infrastructure (wiring, power supply and so on),
5. malfunction of the vehicle's electrical system,
6. interruptions in internet availability on your side,
7. interruptions in the correct operation of the GSM network,
8. interruptions in the correct operation of the GPS system,
9. power failures and outages,
10. your failure to follow our guidance and recommendations on the optimal use of Navifleet,
11. force majeure,
12. failure to register a vehicle as subject to the electronic toll in the e-TOLL system, or incorrect declaration of the parameters affecting the amount of the toll,
13. malfunction of the e-TOLL system,
14. problems with the e-TOLL module caused by failure to observe the rules referred to in § 11(13) of these terms,
15. failure to meet settlement obligations because the alternative reporting method was not used in an emergency (see § 11(13)(g) of these terms),
16. failure to use the appeal procedure referred to in § 11(15) of these terms,
17. failure to observe the rules of national law on the use of OBU/ZSL devices as part of the infrastructure for calculating electronic tolls in the e-TOLL system.
Any liability we may have towards you is limited to twice the amount paid to us as subscription fees in the 3 months preceding the day the claim is brought against us.
We are entitled to carry out service or maintenance work. The work may be planned or unplanned, arising from unforeseen circumstances. We inform you of planned work that is significant and takes longer at least 3 days in advance.
We provide technical support for Navifleet on working days from 08:00 to 16:00. Support is provided remotely. Technical support does not cover service, maintenance, repair or other IT work that should be carried out on your own infrastructure, in particular at your place of residence or registered office. You can submit support requests from your user account or by e-mail to [email protected]. A request should contain a precise description of the fault or error found and, where necessary, attachments as files.
We reserve the right to request further explanations or to reproduce the problem in another way we consider appropriate. You must help us resolve the reported issue to the best of your knowledge and without undue delay. We respond to every request within one working day. That is the response time – the time needed for any further support work is determined individually in the response. We are under no obligation to implement in Navifleet every change you report, in particular changes to functionality, performance optimisation or other significant modifications.
You can submit complaints about Navifleet by e-mail to [email protected]. A complaint should contain information allowing you to be identified, the subject of the complaint, the reasons for it and the claims made. We consider complaints within 14 days of receiving them.

§ 15. Personal data

We act both as a controller of personal data and as a processor.
We are the controller of the data you provide in order to conclude the contract with us.
The details of our processing of personal data as controller are described in the privacy policy, which is Annex 2 to these terms.
We are a processor in relation to the data you enter into the Navifleet system (for example employee data) and the data collected as a result of your use of Navifleet (vehicle-related data). Those data are governed by the rules on entrusting the processing of personal data, which form Annex 1 to these terms.

§ 16. Copyright

Navifleet is a platform consisting of a computer program and other works (for example the graphic design of the user interface) protected by copyright.
Under the contract concluded with us we grant you a non-exclusive licence to use Navifleet through our website or mobile application. The licence is ancillary to the contract for the use of Navifleet and is granted only for the term of that contract.
You are not entitled to grant sub-licences or to transfer the rights or obligations under the licence to third parties.
You may use Navifleet only in the form in which the platform is made available to you. Any interference with its features, appearance, source code, software and the like is prohibited.
The fee referred to in § 13 of these terms also covers the licence fee.

§ 17. Other provisions

By your acceptance of these terms we are entitled to:
1. describe our cooperation in a case study for publication in our marketing channels, in particular on websites, in the newsletter and on social media,
2. publish your brand logo on our website in the section presenting the clients who trust us,
3. announce the start of our cooperation on our social media.
If you do not agree to any of the above, please tell us individually. Otherwise we assume you have no objection.
The price list shown on our website is indicative only and does not constitute an offer or an invitation to make offers within the meaning of the Polish Civil Code. All financial terms are always agreed individually, in accordance with these terms.
If the contract for the use of Navifleet expires or is terminated, the resources collected while using Navifleet and available within the user account are permanently deleted 30 days after the contract ends, unless we receive an instruction from you to delete the data earlier. If Navifleet is used again after the permanent deletion referred to above, the previously collected resources cannot be restored.
We reserve the right to change these terms for important reasons, such as changes in the law or technological or business changes. We will notify you of a change at the main e-mail address assigned to the user account. The amended terms enter into force at the start of the billing period following the one during which the notice of the change was delivered to you. If you do not accept the amended terms, you may terminate the contract between us with effect at the end of the billing period after which the amended terms take effect. If you do not, we assume that you accept them.
The contract concluded with us is governed by Polish law.
All disputes relating to the contract are heard by the Polish common court having jurisdiction over Navifleet's registered office. This does not apply to you if you conclude the contract as a consumer or as a natural person referred to in Article 7aa of the Polish Consumer Rights Act – in that case jurisdiction is determined under the general rules.

Annex 1 – rules on entrusting the processing of personal data

In the application you can enter the personal data of employees, drivers and business partners. If you enter such data, you entrust us with processing it. You also entrust us with processing information about drivers that Navifleet collects automatically when you use the features of our platform.
We process the entrusted personal data solely on your instruction, which consists in entering the data into Navifleet and activating the features that collect further vehicle-related information.
The employee personal data referred to above may include in particular:
1. business name or first name and surname,
2. correspondence address,
3. VAT ID (NIP),
4. national identification number (PESEL),
5. permission group membership,
6. e-mail address,
7. phone number.
The driver personal data referred to above may include in particular:
1. first name and surname,
2. membership of a group you have defined earlier,
3. national identification number (PESEL),
4. type and number of the identity document,
5. phone number,
6. e-mail address,
7. identification code,
8. GUID,
9. vehicle information,
10. location information,
11. driving style information,
12. other information collected by individual Navifleet features according to your service configuration.
The business partner personal data referred to above may include in particular:
1. name,
2. VAT ID (NIP),
3. correspondence address,
4. first name and surname of the contact person,
5. phone number,
6. e-mail address,
7. additional information you provide,
8. documents relating to the business partner.
The range of personal data entrusted for processing depends on what you enter into the application. The application allows the data listed above to be entered, but you can narrow that range by not providing the data you consider unnecessary.
You entrust us with personal data solely for the purpose of providing the services on the terms set out in these terms. We are not entitled to process the entrusted data for any other purpose.
The entrusted data is processed by automated means, in the Navifleet IT system.
We issue authorisations to process personal data to all employees or contractors involved in processing the entrusted data.
Both we and everyone authorised to process personal data are obliged to keep the entrusted data confidential.
We keep a record of all categories of processing activities, noting in it all the information required under Article 30(2) GDPR. At your request we must give you access to that record, without prejudice to our own trade secrets and those of the other entities we work with.
We apply appropriate technical and organisational measures to ensure the security of the entrusted data. These are in particular:
1. accurate and up-to-date data protection documentation,
2. issuing authorisations to process personal data,
3. data protection training for staff
4. vetting of sub-processors,
5. access control to data processing areas,
6. separation of the resources used to process data as controller and as processor,
7. anti-virus software,
8. encrypted communication,
9. backups.
By accepting these terms you accept that we use the sub-processors listed in Annex 3, selected with due care and with the security of the entrusted data in mind. If the list of sub-processors changes, we will send you the current list electronically.
We do not transfer the entrusted data to third countries or international organisations.
If a natural person whose personal data you control makes a request to you concerning the exercise of the rights set out in Chapter III GDPR and you need our help to answer it, you may ask us for assistance, and we will provide it within 7 working days as far as is technically and organisationally possible. That assistance never includes legal advice.
Remember, however, that as the controller it is you who are responsible for answering questions and requests concerning the exercise of data subjects' rights, including requests for access, rectification, deletion, erasure, receipt or restriction of processing, and we can only help you with information relating to Navifleet's role in the processing.
If a data subject approaches us directly to exercise their rights, we will pass the request on to you to deal with.
In the event of a breach of the security of the entrusted personal data we report it to you without undue delay and, where possible, no later than 48 hours after becoming aware of it. We also provide you, at your request, with the information you specify that you need in order to notify the breach to the President of the Personal Data Protection Office.
Where a breach of the security of the entrusted personal data:
1. was caused solely by your fault, as regards the data entrusted to us – you bear the cost of handling the breach,
2. was caused solely by our fault, as regards the data entrusted to us – we bear the cost of handling the breach,
3. was caused by the fault of both you and us, as regards the data entrusted to us – the cost of handling the breach is borne by both parties in proportion to their contribution to it.
If you find that you need our help with a data protection impact assessment of planned processing operations, you will notify us, and we will provide assistance within 30 working days as far as is technically and organisationally possible. That assistance never includes legal advice and is limited to matters corresponding to Navifleet's role in the processing.
30 days after the contract for the use of Navifleet is terminated or expires, or once we receive your instruction to delete the entrusted data, we delete that data and all existing copies of it, unless further storage is necessary for purposes arising from our legitimate interests, which are understood in particular as:
1. the need to demonstrate that we performed the contract between us properly,
2. establishing, pursuing or defending against potential claims connected with the performance of the contract, including claims for damages in tort — for the limitation period of those potential claims, plus an additional period for steps relating to them,
3. our purposes and obligations arising from the relevant professional norms or standards applicable to our business,
4. our purposes and obligations arising from our internal procedures and policies, especially those aimed at meeting data protection requirements.
5. requirements of Polish or European law obliging us to continue storing the entrusted personal data.
Where, despite the end of the services involving the processing or an instruction to delete the entrusted data, we decide to continue storing it, we become a separate controller of that personal data, independent of you. At your request we will confirm either that the entrusted personal data has been permanently deleted or that we are obliged to continue storing it for the reasons given above.
Both you and we are obliged to notify each other promptly (no later than within 3 working days) of:
1. all circumstances affecting the processing of the entrusted data,
2. any inspections by public authorities, including the President of the Personal Data Protection Office, connected with the processing entrusted to us,
3. any claims by data subjects connected with the processing of the data entrusted to us.
Remember that during the term of the contract for the use of Navifleet you must notify us when the envisaged processing period for the entrusted personal data ends and the data has to be deleted or destroyed, in accordance with your own data retention procedure; if you do not instruct us to delete or destroy the personal data, we must store it until we receive such an instruction. The instruction may be given through the Navifleet features that allow data collected within the user account to be deleted.
At your request we make available all information necessary to demonstrate compliance with the obligations set out in these rules and allow you, or an auditor you authorise, to carry out audits, provided that you bear the full cost of the audit, including the appointed auditor's fee and our own costs of the time involved and of assigning the appropriate staff.
You must notify us of a planned audit at least 7 calendar days in advance; where a breach of data protection rules is suspected, that period may be shortened to 3 calendar days.
The audit should be carried out in accordance with data protection law, our internal procedures and policies, and the rules on the manner and scope of the audit agreed between us beforehand. If the audit is entrusted to an external auditor, it may only take place after that auditor has concluded a confidentiality agreement with us in wording we specify; the agreement may also be concluded by accepting separate terms.
We may refuse, to a justified extent, to provide you or the auditor with information, materials or access to our premises for an audit where in our assessment this could endanger the security (confidentiality, availability or integrity) of our data or that of our clients, in particular by revealing the organisational or technological measures we use to protect personal data and thereby lowering the level of protection of any personal data we process, or where it could endanger our trade secrets.
Anyone (other than people we employ) carrying out an audit on our premises or in our systems must comply with the data security policies in force in our organisation, which the auditors will confirm in writing before the audit begins.
After the audit an audit report is drawn up in which you may set out the shortcomings found in the processing of the entrusted personal data. The report should be given to us no later than 14 calendar days after the audit ends. We may respond to the objections no later than 7 calendar days after receiving the report.
We must implement the audit recommendations promptly if they are justified.
We are liable for failure to perform, or improper performance of, the obligations connected with the processing entrusted to us, provided that we are liable only for events caused solely by our fault, which means in particular that we are not liable for damage arising in connection with any act, omission or contribution of yours or of third parties, or with force majeure.
Our total liability towards you is limited to damage caused intentionally – provided that this limitation does not apply to damage for which, under mandatory provisions of law, liability cannot be excluded or limited.