Terms and conditions of the MobilePush Review application
(dated 6.02.2025; ver. 1.0)
I. GENERAL INFORMATION
In the MobilePush Review application Terms and Conditions (hereafter referred to as the Terms), we set out the rules for your use of the Mobile Application, especially indicate the functionalities provided by the Mobile Application and list the reasons why we may change the Terms and disable its functioning.
The service provider of the MobilePush Review application is Benhauer sp. z o. o. based in Cracow, Poland.
The Application is made available in connection with the sales process of the Service Provider's solutions offered to entrepreneurs. The Application is not intended for use by consumers within the meaning of the relevant regulations.
II. DEFINITIONS
The following terms are given the following meanings in the Terms:
Mobile Application or Application - Service Provider's mobile application made available to customers, which can be installed on smartphones and whose use and functions are described in the Terms. The Mobile Application is a service provided by us electronically. To use the Application you must have access to the internet;
Device - your smartphone or other mobile device on which you install and from which you run the Mobile Application;
User or you - this is you if you have already downloaded the Mobile Application and are running it on your Device. Please note that you must be at least 18 years of age and have full legal capacity to use the Application to its fullest extent.
Service Provider or we or us - Benhauer sp. z o. o. based in Cracow (30-705) at Stanisława Klimeckiego 4, NIP: 676 244 77 54 REGON: 122334666, entered into the Register of Entrepreneurs kept by the District Court for Kraków Śródmieście in Kraków, Division XI of the National Court Register under entry number KRS: 0000523346, with a share capital in the amount of PLN 1 407 450.00.
III. INSTALLATION, USE AND FUNCTIONALITY OF THE MOBILE APPLICATION
To use the Mobile Application, you must download and install it on your Device.
You can download the Mobile Application to your Device via a dedicated platform on your Device which corresponds to your system (for Android, the Google Play Store or, for iOS, the App Store). Before downloading the Mobile Application, a link to the Terms should be available in the description of the Mobile Application, which you can download free of charge and store using any technique. Once the Mobile Application has been downloaded, it is installed on the Device.
In order to use the Mobile Application, you must have data transfer switched on at any given time or otherwise have access via your Device to the internet. Otherwise, the Mobile Application may not work at all or you may receive an error indicating that there is no internet connection.
As a User, you can use, inter alia, the following functionalities of the Mobile Application on your Device:
receiving and testing mobile push notifications;
receiving in-app notifications while using the Application;
testing deep links (redirects from notifications to specific subpages in the Application).
IV. TECHNICAL REQUIREMENTS FOR THE USE OF THE APPLICATION AND RESTRICTIONS
In order to download, install and use the Mobile Application, you must have a Device: equipped with Android 5 or higher or iOS 15 or higher.
Both the download and your use of the Mobile Application require constant access to the Internet. If you do not have access to the Internet, you will not be able to use the Application.
We may make updates to the Mobile Application. We ask that you have the latest version of the Mobile Application. Your use of an outdated Mobile Application may result in malfunctions.
V. YOUR OTHER RIGHTS AND OBLIGATIONS
As a User, you are obliged to use the Mobile Application in a manner that does not interfere with our operations, not to take any action aimed at gaining possession of any legally protected information to which you are not an addressee, to use the Mobile Application in a manner compliant with the laws in force in the Republic of Poland, as well as with customary practice, not to provide or transmit any unlawful content prohibited by applicable law.
When using the Mobile Application, you shall act in a manner consistent with the law, rules of social coexistence and good morals, with respect for intellectual property rights.
The agreement for your use of the Mobile Application is concluded for an indefinite period of time and is executed immediately after you start using the Mobile Application. The Agreement for your use of the Application is terminated by you immediately upon your deletion of the Mobile Application from your Device. The Agreement may also be terminated in other cases provided for in these Terms of Use or by Polish law.
We grant you a non-exclusive, non-transferable licence in the territory of the Republic of Poland to use the Mobile Application for the normal use of the Application as a person interested in purchasing services offered by us. You may use the Mobile Application under the licence granted to you only on a Device which meets the technical requirements set out in these Terms. The licence is granted for the duration of the contract for your use of the Mobile Application. Upon termination (expiry, cessation) of the agreement for the use of the Mobile Application, the licence granted to you expires.
VI. PROCESSING OF PERSONAL DATA
Information about the processing of your personal data is described in the Privacy Policy provided as part of the process of downloading and installing the Application.
VII. LIABILITY
The Application is provided “as-is” without any warranty and the Service Provider shall have no indemnification obligations nor liability of any type with respect to the Application unless such exclusion of liability is not enforceable under applicable law in which case Service Provider’s liability with respect to the Application shall not exceed EUR 10. Furthermore, the Application is provided without representations or warranties whether express, implied or otherwise, including any implied warranty of merchantability or fitness for a particular purpose.
In no event will we have any liability arising out of or related to the Application for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption or punitive damages. The foregoing disclaimer will not apply to the extent prohibited by law.
We will not be responsible for delays, delivery failures or other loss resulting from the transfer of your data over communications networks or facilities, including the internet.
VIII. FINAL PROVISIONS
If a provision of these Terms is found to be invalid or ineffective, the invalidity or ineffectiveness of that provision shall not affect the validity or effectiveness of the remaining provisions. We will endeavour to replace the invalid or ineffective provision with a new, legally defective provision.
We take steps to ensure the proper functioning of the Mobile Application and undertake to rectify without undue delay any irregularities in its operation that are reported by Users. Please report any complaints regarding the proper functioning of the Mobile Application via the following webpage: https://www.salesmanago.com/info/internal-feedback.htm.
We shall be entitled to unilaterally amend the Terms in the event of important reasons, such as: (a) circumstances of Force Majeure, (b) changes in applicable laws, (c) introduction of new solutions to the Mobile Application due to technical progress, implementation of further updates or improvements to the Mobile Application to improve the functionality of the Mobile Application, (d) economic reasons on our part, (e) the issuance of a final decision by a competent public administration authority or a final judgment of a competent court in relation to us which affects the provision of the Mobile Application, (f) correction of an error we have noticed in the content of the Terms which results in an inconsistency between the Mobile Application and the Terms.
We may terminate the provision of the Mobile Application to Users by deactivating it for the following reasons:
a change in generally applicable law directly affecting the Mobile Application and resulting in the need or necessity to deactivate it;
the economic unviability of continuing to support the Mobile Application in its current form;
the issuance of a judgment or decision by a court or public authority concerning the Mobile Application and resulting in the need to deactivate it;
the introduction of other forms of promotional and marketing activities or another mobile application in place of the Mobile Application;
technical or organisational difficulties on our part making it difficult or impossible to continue to provide the Mobile Application.
We undertake to notify you of any changes to the Terms by either informing you via the Mobile Application by providing you with an appropriate notification or by sending the amended Terms to the email address you provided when registering. You will not be bound by the amended Terms until the expiry of the period indicated in the communication to you informing you of the amended Terms . If you do not agree with the changes, simply delete the Mobile Application from your Device.
Users will be informed of the termination of the Mobile Application by its deactivation through the Mobile Application itself.
These Terms are governed by and constructed under Polish law.
Any dispute in connection to these Terms shall be subject to the exclusive jurisdiction of the courts having jurisdiction over Service Provider’s registered office.
These Terms shall enter into force on 6.02.2025.
The data controller
The data controller: The data controller of your personal data is Benhauer sp. z o.o. based in Cracow entered in the Register of Businesses maintained by Division XI of the National Court Register of the District Court for Kraków-Center in Kraków under KRS number 0000523346, REGON number 122334666 and NIP number 6762447754 (hereinafter referred to as “Benhauer” or “the controller”).
Purposes and legal basis of personal data processing: The controller will process personal data of the users:
for the purpose of creating an user account to perform the contract concluded by accepting the terms and conditions (Article 6(1)(b) of the GDPR);
fulfilling the legal obligations incumbent on the controller (Article 6(1)(c) of the GDPR);
pursuing or defending against claims, which is the legitimate interest of the controller (article 6(1)(f) of the GDPR);
for the purpose of sending marketing information based on the consent given to receive such information which is the legitimate interest of the controller (article 6(1)(f) of the GDPR);
to maintain business contacts, which is the legitimate interest of the controller (Article 6(1)(f) of the GDPR).
The recipients of the personal data: The controller may disclose the personal data of the users to entities authorised by the law. Entities supporting the controller, including IT services providers, may also have access to the personal data of the users on the basis of agreements conducted with the controller.
Processing period: The personal data of the users shall be processed for the period required by the law or by the limitation period for any claims, depending on which of these events occurs later. The personal data processed for contact purposes will be processed for the time for the duration of the business relationThe personal data processed for contact purposes will be retained for the duration of the business relationship.
Voluntary/obligation to provide personal data: Providing personal data is voluntary however necessary to conclude an agreement with the controller and to create an user account.
Transfers of personal data to third countries or international organisations: Your personal data will also be processed in tools/systems provided by the entities supporting the data controller that are based or process data outside the European Economic Area. In this case, personal data is transferred on the basis of standard contractual clauses approved by the European Commission or a decision of the European Commission stating an adequate level of protection in a given country, e.g. on the basis of the EU-US Data Protection Framework.
Decision-based solely on automated processing/profiling: The controller is not making decisions based solely on automated processing, including profiling (concerning the purposes of data processing described above).
Data subjects rights: You have the right, as applicable, to:
request access to your personal data, rectification, deletion and limitation of processing, and if your personal data is processed by automated means on the basis of a contract, you also have the right to transfer your personal data;
object to the processing of your personal data – when the data is processed on the basis of the controller’s legitimate interest;
You also have the right to lodge a complaint with the supervisory authority (PUODO – President of the Office for Personal Data Protection) Stawki 2 st., 00-193 Warszawa, email: kancelaria@uodo.gov.pl.
The data controller:
Benhauer sp. z o.o. based in Cracow
Stanisław Klimecki 4 st.
30-705 Kraków
e-mail: rodo@salesmanago.com
Data Protection Officer:
e-mail: dpo@salesmanago.com
