Terms and Conditions

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Terms and Conditions of Providing the Enovatio Cloud Service

These Terms and Conditions define the rules for providing the Enovatio Cloud Service by the Service Provider to the Client. The provisions of these Terms and Conditions and the relevant Agreements concluded between the Parties specify the rights, obligations, and scope of liability of the Parties in connection with the provision of the Enovatio Cloud Service.

§ 1 Definitions

Error – a dysfunction of the Software classified as a Critical Error or a Regular Error.
Critical Error – a software error that causes the complete inability to use the software or causes such limitations in its use that it ceases to fulfill its basic functions; requiring immediate intervention by the Contractor.
Regular Error – a Software error leading to incorrect System operation results, but not preventing the use of the System, nor causing disruption in the activities performed by the Client, and can be fixed through appropriate Software changes.
Price List – the list of costs for Enovatio Cloud Services published on the Enovatio website.
Fixed Term of the Agreement – the specific period for which the Agreement is concluded.
Working Days – Monday through Friday, excluding statutory public holidays in Poland.
Documentation – electronic instructions and supporting materials provided to the Client by the Service Provider, made available upon creation of a User Account on the Enovatio website.
Enovatio – Enovatio Sp. z o.o. headquartered in Warsaw, ul. Jacka Odrowąża 15, registered by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000143765, NIP: 1132395823, REGON: 015295370, share capital: PLN 50,000 fully paid. The company is the Service Provider.
Contact Form – an electronic document available at https://enovatio.com/formularz-kontaktowy/ through which the Client orders the Enovatio Cloud Service to obtain a 14-day free trial access or to order a paid service.
Registration Form – a form available on the Enovatio website allowing the creation of an Account.
Working Hour – the clock hour between 9:00 and 17:00 on Working Days in the UTC+01:00 time zone.
Client – the entity ordering the Enovatio Cloud Service from the Service Provider in accordance with an order placed during account registration, after the trial period, or based on an individual order via the Contact Form. Only entrepreneurs as defined in Article 431 of the Civil Code, public administration bodies, associations, foundations, and cooperatives may be Clients.
Account – a set of resources in the Service Provider’s IT system identified by an individual name (login/email) and password assigned by the Service Provider, where Client data is stored. Creating an account grants access to and use of the Enovatio Cloud Services.
Service Activation Moment – the moment of account registration, acceptance of the Terms and Conditions, and electronic notification by the Service Provider to the Client granting access to the Account to use the Enovatio Cloud Service.
Service Unavailability – occurrence of a Critical Error caused by the Service Provider.
Subscription Period – one calendar month.
Subscription Fee – the fee payable by the Client to the Service Provider for each month of use of the Service.
Terms and Conditions – these Terms and Conditions for the provision of the Enovatio Cloud Service and the Terms of Service of the website enovatio.com (pursuant to Article 8 of the Act of 18 July 2002 on the provision of electronic services).
GDPR – Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Enovatio Service – the website enovatio.com with all its functionalities.
Force Majeure – an external event beyond the Parties’ control and impossible to foresee, such as war, terrorist attacks, strikes, governmental decrees, epidemic/pandemic, catastrophic weather conditions, fire, flood, regional communication blockades, social upheavals, or building disasters.
Party – means either the Service Provider or the Client depending on context; Parties means both collectively.
Agreement or Enovatio Cloud Service Agreement – the contract concluded between the Service Provider and the Client under which the Service Provider commits to provide the Enovatio Cloud Service to the Client, and the Client commits to pay for the service.
Service Provider – Enovatio.
Account Deletion – the removal of an Account together with all data stored on it.
User – a person authorized by the Client to use the Service, whether or not actively using it at a given time.
Service or Enovatio Cloud Service – an electronic service provided by the Service Provider to the Client in the form of Software composed of modules aimed at, among others, project management, organization/business management, settlements, and other activities via functionalities offered in the modules.
Data Processing Agreement – an agreement entrusting the processing of personal data by the Client to the Service Provider for proper processing and security. Pursuant to Article 28 GDPR, it includes implementation of appropriate technical and organizational measures to comply with GDPR requirements and forms the basis for defining purposes, methods, safeguards, and procedures related to data processing by the Service Provider as a processor.
Service Suspension – blocking access to the Account, which is equivalent to suspension of Service execution, including handling of complaints.

§ 2 Subject of the Agreement

The subject of the Agreement is the provision of the Enovatio Cloud Service by the Service Provider to the Client.

Within the Client Account, the Enovatio Cloud Service includes:

providing access to selected modules and functionalities for the specified number of Users;
providing the ability to store data entered by the Client within the Enovatio Cloud Service, according to the rules set out in section 9 below.

The condition for provision of the Enovatio Cloud Service is consent to the provision of the Service, familiarization with these Terms and Conditions, and acceptance of their content.

The Enovatio Cloud Service will be provided to the extent and under the conditions specified in the Terms and Conditions.

The Enovatio Cloud Service will be provided starting from the Service Activation Moment.

The Client acknowledges that the right to access and use the Enovatio Cloud Service applies exclusively to access and use of the Service via the Internet (Software as a Service).

By using the Enovatio Cloud Service functionalities, the Client may designate Users. The Client undertakes to ensure that Users comply with the Terms and Conditions when using the Service.

The Client accepts that the number of Users directly affects the amount of the Subscription Fee (this does not apply to trial use).

According to the Price List, each User is allocated a certain amount of disk space. The product of the number of purchased Users and the disk space assigned to them constitutes the disk space limit for the Account. Exceeding the disk space limits assigned to the Account will result in additional charges as per the Price List.

Requirements for the Client to use the Enovatio Cloud Service:

Computer or mobile device with Internet access,
Enabled Cookies and JavaScript,
Installed and up-to-date web browser (recommended: Google Chrome, Edge, Mozilla Firefox, or Safari),
Screen resolution of at least 1366px,
Internet connection with minimum bandwidth: download 1 Mbps, upload 128 Kbps,
Active email account.

§ 3 Ordering the Service

The process of ordering the Enovatio Cloud Service proceeds as follows:
- The Client contacts Enovatio via the Contact Form, email, or telephone.
- During contact, the Client may choose to use the free 14-day trial of the Enovatio Cloud Service or conclude an agreement for paid use of the full version of the Enovatio Cloud Service under the terms specified in the Enovatio Cloud Service Agreement.
- While filling out the Contact Form, the Client may accept the Terms of Service and Privacy Policy.
- Based on the data obtained as per item 1.1, Enovatio registers the Client’s Account in the Enovatio Cloud Service.
- Enovatio then electronically sends the Client information about access to the Account, including login and password.
- The Client performs the first login, prior to which the Client reviews these Terms of Service and the Privacy Policy again and consents to their application during the provision of the Enovatio Cloud Service.
- The Service provision begins (Service Activation Moment):
  o within the 14-day trial period, or
  o within paid service provision after concluding the Enovatio Cloud Service Agreement. Within the Agreement, the Client selects the modules offered within the Enovatio Cloud Service and specifies the declared minimum number of Users.
During use of Enovatio Cloud, the Client may freely change the scope of the Service regarding module usage and increase the number of Users beyond the minimum declared number at the time of concluding the Agreement.

§ 4 FEES AND CONTRACT TERM

The fees payable to the Service Provider by the Client for the provision of the Enovatio Cloud Service and the payment terms are specified in the Enovatio Cloud Service Agreement and/or in the price list published on the enovatio.com website in the Price List tab.
The Enovatio Cloud Service Agreement is concluded for a Fixed Term.
Failure to pay the Subscription Fee on time may result in Service Suspension. Suspension of the Service does not extend the Agreement for the duration of the suspension.
Account deletion is possible upon termination of the Agreement.
Failure to pay the Subscription Fee for a total of three Subscription Periods entitles Enovatio to terminate the Agreement after notifying the Client at least twice to settle the outstanding balance.
Deleting the Account or Client data does not release the Client from the obligation to pay the remaining balance of the Agreement. Enovatio will notify the Customer of the suspension of the Service by email, including information on the outstanding balance, including the amount and due date. The Service Provider will also post information about the outstanding balance via a message displayed on the Account.
The Service Provider is not liable for any consequences for the Customer resulting from the suspension of the Enovatio Cloud Service and blocking access to the Account.
Enovatio will delete the Account within 30 days of the Agreement’s termination or the end of the Enovatio Cloud trial period if the Agreement is not signed.

§ 5 INTELLECTUAL PROPERTY RIGHTS

The Client is obligated to ensure compliance with the provisions of these Terms and Conditions and to respect the intellectual property rights of Enovatio and the producers of the software required for the use of the Enovatio Cloud Services by the Client’s users and employees, and is fully liable for any damage caused.
The Client is obligated to use the Enovatio Cloud Service in a manner consistent with applicable law, principles of social coexistence, and good practices, while respecting the personal rights and intellectual property rights of third parties.

§ 6 COMPLAINTS

Customer complaints should concern specific irregularities in the provision of the Service within the scope of Errors defined in § 1.
Complaints regarding the operation of the Enovatio Cloud Service should be submitted by the Client via email to support@enovatio.com during the Subscription Period in which the Error occurred. The Client should report the Error within 3 days of its occurrence. Complaints filed after this deadline, as well as complaints filed by Clients who are in arrears with their Subscription Fees, will not be considered.
Submitting a complaint does not exempt the Client from timely payment of the Fees.
The complaint should, at a minimum, include the address where the Service is available, the complainant’s details, their login information in the system, the time the problem occurred, and a detailed description of the problem.
The Service Provider will process Error reports during Business Hours. An Error reported by the Customer outside of Business Hours is deemed to have been reported at the beginning of the next Business Hour (e.g., an Error reported on Friday after 5:00 PM is treated as if it had been reported at 9:00 AM on Monday (provided that Monday is a Business Day)).
The Service Provider will review a properly submitted complaint within 14 days.
The Service Provider is obligated to only rectify Errors caused by the Service Provider’s fault. At the Customer’s request and if possible, the Service Provider will rectify Errors not caused by the Service Provider’s fault for an additional fee determined by the Service Provider based on the price list.
For each day on which a Critical Error occurs due to the Service Provider’s fault and lasting longer than 24 hours, the Customer, after successfully filing a complaint, may demand from the Service Provider a contractual penalty of 1/30 of the Subscription Fee due to the Service Provider for the calendar month in which the Critical Error occurred.
The total amount of contractual penalties that the Customer may claim for Critical Errors occurring in a given calendar month may not exceed 50% of the Subscription Fee due for that month.
The contractual penalty referred to above is the Customer’s exclusive claim against the Service Provider for the Service Provider’s failure to ensure the continuity of the Service, or for the Customer’s inability to use the Service, or for disruptions in the Customer’s use of the Service.

§ 7 LIABILITY OF THE PARTIES

The Service Provider is obligated to provide the Services with due diligence.
The Service Provider is not liable for non-performance or improper performance of the Agreement resulting from Force Majeure.
In the event of a Force Majeure event, the Service Provider will notify the Client by email immediately, no later than 5 business days after its occurrence, of the event and of the inability to perform its obligations under the Agreement. The Service Provider will then agree with the Client on possible measures to eliminate the effects of the Force Majeure event. Failure to notify the Client of the occurrence of Force Majeure within the specified timeframe will result in the inability to invoke this circumstance and, consequently, the inability to exercise the rights arising from the occurrence of Force Majeure. The burden of proof for non-performance due to Force Majeure rests with the Party invoking Force Majeure. The existence of Force Majeure should be proven by documents, including: from the relevant public administration body, IMWM, etc. If force majeure continues for a continuous period of 14 days or longer, the Parties may mutually terminate the Agreement without imposing any further obligations on either Party, except for payments due for the services provided. The Service Provider is not liable for damages resulting from interruptions in Internet access, power outages, or those caused by third parties.
The Service Provider is not liable for non-performance or improper performance of the Agreement resulting from reasons attributable to the Client. In particular, the Service Provider’s liability for non-performance or improper performance of the Agreement is excluded in the event of:
– the Client’s non-performance or improper performance of the obligations specified in the Terms and Conditions or the Agreement, including:
– the Client’s failure to meet the conditions necessary to provide the Enovatio Cloud Service, improper use of the Enovatio Cloud Service,
– the Client’s non-performance or improper performance of the obligations specified in legal provisions. Customer’s actions contrary to the Terms and Conditions, including data, content, materials, and activities entered through the Enovatio Cloud Service, as well as damages caused by the Customer providing false, outdated, or incomplete data,
– improper operation of the Customer’s computer hardware or software,
– use of information authorizing access to the Service by third parties, if such persons came into possession of this information as a result of its disclosure by the Customer or as a result of the Customer’s insufficient protection of information against access by such persons, interference with the Enovatio Cloud Service or database by unauthorized persons,
– misinterpretation of results,
– errors and omissions in databases managed by the Enovatio Cloud Service for reasons not attributable to the Service Provider,
The Service Provider’s total liability for all claims related to the Agreement for any reason (including contractual and tortious claims, including contractual penalties) may not exceed the sum of the net Subscription Fees (excluding VAT) paid by the Customer under the Agreement in the 6 months preceding the event. giving rise to the first claim, or if the term of the Agreement was shorter, during that shorter period. The occurrence of subsequent claims does not increase the liability limit.
Regardless of the legal basis for the claim, the Service Provider is not liable for lost profits and indirect damages incurred by the Customer, in particular loss of revenue, interruption or disruption of business, loss of goodwill, damages and contractual penalties paid by the Customer, loss of data, costs of replacement software or hardware.
The above limitations and exclusions of liability apply to the extent permitted by law.

§ 8 SECURITY OF DATA ENTRUSTED TO THE SERVICE PROVIDER

Data entered by the Client through the Enovatio Cloud Service is the Client’s property.
The Service Provider undertakes not to use the data entered by the Client for any purpose other than the performance of the Agreement. However, the Service Provider may share the data entered by the Client with courts, law enforcement agencies, or public administration bodies in cases where such disclosure is required by law.
The Service Provider will store the Client’s data on servers equipped with professional power backup systems.
In the event of an Error, the Service Provider reserves the right to restore the last backup copy from the previous Business Day and is not liable for any losses resulting from the restoration of the backup copy.
All data stored by the Service Provider will be protected from the moment it appears in the Enovatio Cloud, secured against external interference and against unauthorized internal access (i.e., against access by unauthorized Service Provider employees).
Enovatio undertakes to filter data using firewalls to protect it from unauthorized access.
In the event of termination of the Agreement, the data stored by Enovatio will be made available to the Client for download for a period of 14 days following termination of the Agreement as a database backup and file backup from the FTP server, provided the Client settles all outstanding liabilities to the Service Provider. After this period, the data stored by Enovatio will be deleted from the Enovatio Cloud.

§ 9 PERSONAL DATA AND ITS ENTRUSTMENT AND CONFIDENTIALITY

The Service Provider will provide the Service in accordance with applicable regulations, in particular the Act on the Provision of Services by Electronic Means and, with respect to the processing of personal data: the GDPR and the Personal Data Protection Act, as well as in compliance with other relevant regulations.
The Service Provider is the controller of personal data provided in connection with the conclusion of this agreement. All matters related to the processing of personal data within the scope indicated in sentence 1 should be reported directly to the Service Provider at the following email address: iod@enovatio.com.
In order to provide the Service, the Service Provider, as the controller of personal data, processes Users’ personal data, including in particular:
– first name and last name,
– email address,
– mobile or landline telephone number.
The Service Provider declares that it undertakes to use personal data only to the extent necessary to provide the services specified in these Terms and Conditions and for the purposes specified therein.
The Client is the controller of personal data entered into the Enovatio software. This applies in particular to personal data collected by the Client regarding the following categories of entities: clients, contractors, and data subjects. The categories of personal data that may be entered by the Client and entrusted to the Service Provider may include, in particular: first names, last names, addresses, email addresses, telephone numbers, PESEL (Polish National Identification Number), NIP (Tax Identification Number), and IP addresses.
As the controller of Users’ personal data and the personal data referred to in paragraph 5, the Client entrusts the Service Provider with the processing of the indicated personal data within the scope specified in paragraphs 2 and 5 above, for the purpose of providing the Service and for the duration of the Service. If the scope of personal data, the methods of processing and securing them, or other conditions for personal data processing are subject to principles other than those described in the Terms and Conditions, a separate data processing agreement must be concluded by one of the parties, which must be concluded on the date of conclusion of this Agreement. The Client is responsible for submitting the data processing agreement within the scope described in the preceding sentence.
The Service Provider declares that when processing personal data, it will use technical and organizational measures to ensure the protection of the processed data, and in particular, will protect the data against unauthorized access, loss, damage, or destruction. All persons processing personal data on behalf of the Service Provider are obligated to maintain confidentiality.
The Client consents to the transfer of the entrusted personal data for processing to third parties to the extent necessary to perform the Agreement. The Service Provider declares that entities processing data on its behalf will be obligated to maintain confidentiality and ensure an adequate standard of data protection.
In the event of a breach of the protection of entrusted personal data, the Service Provider is obligated to immediately, no later than 24 hours after becoming aware of such breach, notify the Client of the breach, taking into account the provisions of Article 33 of the GDPR.
During the term of the Agreement, the Client and the Service Provider agree to cooperate closely, informing each other of all circumstances that have or may have an impact on the performance of this Agreement.
Upon termination of the Agreement, the Service Provider is obligated to delete the processed personal data entrusted by the Client.

§ 10 FINAL PROVISIONS

Services provided electronically by the Service Provider on the Enovatio Website consist of the Service Provider enabling the Client to:
– conclude Agreements under the terms and conditions set forth in these Terms and Conditions
– create and maintain an Account in the Enovatio Cloud Service,
– use other services provided by Enovatio.
Announcements, advertisements, price lists, and other information about the Services provided on the Enovatio Website should be considered an invitation to conclude an Agreement, taking into account Article 71 of the Civil Code.
Enovatio provides services within and outside the territory of the Republic of Poland.
Starting from January 1, 2021 – in the case of an entrepreneur who is a natural person conducting business activity entered into the Central Registration and Information on Business (CEIDG), who enters into an Agreement directly related to their business activity, when at the same time the content of the Agreement indicates that it is not of a professional nature for such entrepreneur, resulting in particular from the subject of the business activity performed by such Entrepreneur as disclosed in CEIDG (including in particular PKD numbers) – the provisions of these Regulations regarding a Customer who is a consumer also apply to such entrepreneur, excluding the provision of Article 558 § 1, second sentence, of the Civil Code. As of January 1, 2021, the provisions of Article 563 and Article 567 § 2 of the Civil Code shall not apply to the entrepreneur referred to in this point.
The Customer who is an entrepreneur, as referred to in point 5 above, consents to the Service Provider performing the Service before the expiry of the 14-day period for the Customer to withdraw from the distance contract and thus waives their statutory right to withdraw from the Service Agreement, if such right is available.
The Customer may not take any action that could affect the proper operation of the Enovatio Website, in particular:
– Interfere with the content and graphic elements of the Enovatio Website
– Post illegal content on the Enovatio Website.
The Service Provider reserves the right to introduce restrictions on the use of the Service due to technical maintenance, repair work, or work on improving its functionality. At the same time, the Service Provider undertakes to make every effort to ensure that such restrictions and interruptions take place at night and last as short as possible.
The Service Provider reserves the right to amend these Terms and Conditions. Amendments shall take effect at the time expressly indicated by the Service Provider, but no earlier than 30 days after their announcement. A Client who does not consent to the changes introduced in these Terms and Conditions is required to submit a relevant statement in writing within 7 days of the announcement of the planned changes. Submitting a statement of non-consent to the changes will result in termination of the agreement on the date the changes to the Terms and Conditions come into effect.
The Client is prohibited from entering unlawful data into the Enovatio Cloud Service.
The Parties will strive to resolve disputes amicably. If an amicable agreement cannot be reached, all disputes arising from the Agreement will be resolved by a Polish common court with jurisdiction over the Service Provider’s registered office.
Neither Party may transfer the rights or obligations arising from the Agreement to a third party without the prior consent of the other Party expressed in written form (email).
In matters not regulated by these Terms and Conditions, the applicable provisions of generally applicable law will apply, including in particular the provisions of the Civil Code, the Consumer Rights Act, the Copyright and Related Rights Act, and personal data protection regulations.
These Terms and Conditions enter into force on June 1, 2021.

Terms and Conditions of Entrusting Personal Data Processing

§ 1 GENERAL PROVISIONS

These Terms and Conditions use the terms used in legal acts relevant to personal data protection, including the GDPR. Other terms used in the Terms and Conditions mean:
– “Personal Data Controller” or “Data Controller” – a natural person, legal entity, or organizational unit with legal capacity that uses the Services offered by ENOVATIO and, for this purpose, enters into a Master Agreement with ENOVATIO – also referred to as the “Client”;
– “Audit” – an independent audit of personal data processing conducted at the Processor (ENOVATIO), aimed at confirming that the processing of personal data by the Processor is carried out in accordance with the Master Agreement and applicable data protection regulations, in particular the GDPR;
– Auditor – “Auditor” means an independent entity professionally engaged in conducting audits of personal data, authorized by the Data Controller to conduct an audit on its behalf, the selection of which will be agreed upon and made by the Data Controller in each case, jointly and in consultation with the Processor. The auditor may not be an entity that conducts business competitive to the Processor (or its affiliates) or is affiliated, directly or indirectly, with any entity conducting business competitive to the Processor (or its affiliates);
– Processor or ENOVATIO – “ENOVATIO” limited liability company with its registered office in Warsaw, ul. Jacka Odrowąża 15, 03-310 Warsaw, registered in the Register of Entrepreneurs of the National Court Register by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000143765, Tax Identification Number (NIP): 1132395823, National Business Registry Number (REGON): 01529537000000, which processes personal data at the request of the Personal Data Controller, in accordance with the principles described in this Agreement.
– Terms and Conditions – these Terms and Conditions for the Processing of Personal Data;
– Parties – the Personal Data Controller and the Processor;
– Main Agreement – all agreements for the provision of services offered by ENOVATIO to the Client, including, but not limited to, those concerning the provision of implementation, service, and/or maintenance services;
– UODO – Personal Data Protection Act of 10 May 2021;
– Services – activities performed by ENOVATIO on behalf of the Client under the Main Agreement, including:
— IT services related to support for the Enovatio Portal system,
— Direct support for users of the “Enovatio Helpdesk,”
— Other services appropriate to the nature of ENOVATIO’s business and the Client’s needs;
– GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 4, 2016).
The subject of these Terms and Conditions is to describe the principles for entrusting the processing of personal data, in accordance with Article 28, paragraph 3 of the GDPR, in connection with the Client’s use of ENOVATIO services.
ENOVATIO and the Client declare that they have concluded the Main Agreement and in connection with its implementation the Client instructs ENOVATIO to process personal data.

§ 2

The Client entrusts ENOVATIO with, and ENOVATIO accepts the processing of, personal data for the purpose of providing the Client with the Services specified in the Main Agreement.
With respect to personal data entrusted to ENOVATIO (by the Client, by data subjects, or in any other way), ENOVATIO undertakes to process this personal data only for the purposes of providing the Services and upon the Client’s documented instructions, and will not use it for purposes other than those indicated. Furthermore, the following provisions apply:
– “Documented instructions” include Services commissioned by ENOVATIO under the Main Agreement and instructions arising from the Terms and Conditions.
– ENOVATIO will immediately notify the Client if, in its opinion, a given instruction violates the provisions on personal data protection, provided that ENOVATIO can easily identify such a violation.
ENOVATIO will not process the entrusted personal data for its own purposes.
The purpose and scope of entrusting the processing of personal data arises directly and is limited solely to the tasks arising from the concluded Main Agreement, i.e., recording, storing, modifying, sharing, copying – making backup copies for emergency recovery or creating an additional environment with the same data set, deletion, in the event of termination of cooperation or at the Client’s request.
The categories of data subjects include personal data stored in the Enovatio Portal Contact Library, including: employees and collaborators, clients, contractors, and entities collaborating on the project.
The scope of entrusted personal data: As part of the provision of the Services referred to in the Main Agreement, ENOVATIO will process data within the Enovatio Portal administration system, including personal data processed in this system, such as: first name, last name, email address, telephone number, and address.
Personal data will be processed for a period no longer than the duration of the Main Agreement and as necessary for the purpose of processing, taking into account applicable law (including the statute of limitations for claims) and general information security requirements.
ENOVATIO will process personal data using IT systems as part of the Services provided.
Enovatio is obligated in particular to:
– keep the processed data confidential,
– ensure the security of personal data,
– ensure that neither ENOVATIO nor any of its employees or subcontractors publish, distribute, or disclose personal data to third parties without the Client’s consent.

§ 3

ENOVATIO declares that it has administrative, technical, and organizational solutions and measures in place to ensure the highest level of security for processed personal data.
ENOVATIO will process personal data using its own infrastructure and that provided by the Client, as well as its own technical resources and IT systems.
ENOVATIO will only permit the processing of personal data by persons authorized pursuant to Article 37 of the Personal Data Protection Act or Article 29 of the GDPR, trained in personal data protection regulations, and obligated to maintain the confidentiality of personal data.
The Client authorizes ENOVATIO to designate persons authorized to process personal data to the extent necessary to fulfill its obligations under the Terms and Conditions and the Main Agreement.
In carrying out the tasks arising from the Main Agreement, ENOVATIO will:
– apply the security measures specified in Article 32 of the GDPR, provided that the implemented security measures are adequate for the scope of the entrusted data processing;
– will correct, delete, or limit the scope of personal data only on behalf of and based on the documented instructions of the Client. If a data subject contacts ENOVATIO directly to correct, delete, or restrict data processing, ENOVATIO will immediately forward the data subject’s request to the Client.
– Taking into account the scope of the data held and the nature of this Agreement, ENOVATIO will assist the Client in accordance with the terms of the Main Agreement in the following areas:
— fulfilling the obligation to respond to requests from data subjects regarding the exercise of their rights set out in Chapter III of the GDPR,
— ensuring compliance with the obligations arising from Art. 32–36 GDPR, if the Client’s fulfillment of these obligations requires assistance from ENOVATIO,
– will immediately, but no later than 48 hours after detection, report to the Client any personal data breach involving the data provided to it for further processing.
– After termination of this Agreement, ENOVATIO is obligated to delete the entrusted personal data from all IT systems, and to destroy or return it, depending on the Client’s request, unless applicable law requires further storage of the personal data.
– At the Client’s request, ENOVATIO will provide the information necessary to demonstrate compliance with the obligations set out in this Agreement, and in particular, will enable the Client to conduct audits to verify whether the measures used by ENOVATIO in processing and securing the entrusted personal data comply with the provisions of this Agreement. ENOVATIO will immediately inform the Client if, in its opinion, an instruction issued to it constitutes a violation of the GDPR or other data protection law.

§ 4

The Client consents to ENOVATIO further entrusting the processing of personal data to individuals and entities cooperating with ENOVATIO, who provide ENOVATIO with services necessary for the proper performance of the services specified in the Main Agreement.
ENOVATIO will ensure that the sub-entrustment agreement provides for a level of technical and organizational measures to ensure personal data protection appropriate to the nature of the services provided and the scope of data entrusted under this agreement, and no lower than that used by ENOVATIO.
The Client expresses general consent to ENOVATIO further entrusting the processing of personal data, informing the Client of any intended changes involving the addition or replacement of other processors. The Client has the right to object to such changes. ENOVATIO undertakes to use only suppliers who guarantee the provision of appropriate and adequate technical and organizational measures for data processing.
To comply with the provisions of the Terms and Conditions, the Client is obligated to regularly update the Enovatio Portal to a version no older than 12 months or to a version designated by Enovatio as required by law.
The Client does not consent to the transfer of data to a third country (outside the EU) unless such an obligation is imposed on ENOVATIO by EU law or the law of the Member State to which ENOVATIO is subject. In such a case, ENOVATIO shall inform the Client of this legal obligation before processing the data.
ENOVATIO shall be fully liable to the Client for any failure to comply with the subcontractor’s data protection obligations. The amount of contractual penalties is regulated by the Main Agreement.

§ 5

All notices under this agreement will be made by email.

§ 6

The Terms and Conditions constitute an integral part of the Main Agreement. In the event of a conflict between the Main Agreement and the Terms and Conditions, the provisions of the Terms and Conditions shall prevail.
The Terms and Conditions shall enter into force on August 10, 2022.

Terms and Conditions for the Automatic Invoice Processing Service

§ 1 SUBJECT MATTER OF THE TERMS AND CONDITIONS

These Terms and Conditions set out the terms and conditions for the provision of the automatic processing of cost invoices service as an additional service within Enovatio Cloud, in particular the rights and obligations of Clients and the scope of Enovatio’s liability.

§2 DEFINITIONS

The terms used in this document mean:

Enovatio – Enovatio Sp. z o.o., with its registered office in Warsaw at ul. Jacka Odrowąża 15, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS No. 0000143765, NIP (Tax Identification Number): 1132395823, REGON (National Business Registry Number): 015295370, share capital: PLN 50,000. The company is the Service Provider.

Client – an entity ordering the Enovatio Cloud Service from Enovatio or through a Partner, pursuant to an agreement concluded or an order placed. The Service may be used by an entrepreneur, a public administration entity, an association, a foundation or a cooperative.

Service – an additional service provided within Enovatio Cloud that enables the automatic extraction of data from cost invoices submitted electronically.

§3 SERVICE PROVISION

As part of the Service, Enovatio enables the automatic extraction of data from cost invoices submitted electronically.
The Service may be provided using third-party providers of automatic document processing technologies, in particular Scanye or OpenAI.
For the app.enovatio.com portal, the Service is provided using the OpenAI API. Documents are transmitted to OpenAI to the extent necessary for their automatic processing and for the recognised data to be returned to Enovatio Cloud.
Enovatio does not enable the option to share data transmitted via the OpenAI API for the purpose of training or improving OpenAI models. Data processing by OpenAI is carried out in accordance with the terms of service and data protection policies applicable to the OpenAI API.
The communication mechanism with the OpenAI API is stateless – as part of the automatic processing mechanism, Enovatio does not create any additional archive of the contents of documents transmitted to OpenAI.
In environments using Scanye technology, the Service is provided using the Scanye service, in accordance with the terms and conditions applicable to that service.
Enovatio may change the technology provider or the technology used to provide the Service, provided that at least an equivalent level of functionality and protection of the processed data is maintained.
The Service is provided in accordance with the selected Package specified in the “Enovatio Cloud Service Agreement” or in accordance with individual terms agreed with the Client.
If the number of pages included in the subscription is exceeded, the Client undertakes to pay for the additional pages processed in accordance with the applicable price list or the terms of the selected Package.
The results of automatic document processing may require verification by the User. Enovatio does not guarantee error-free recognition of all data contained in a document.
Either Party may terminate the automatic processing of cost invoices Service at any time by giving one month’s notice, effective at the end of the following calendar month.

§4 FINAL PROVISION

Enovatio reserves the right to change the prices of Packages; however, such changes shall not affect Services that have already been paid for.
In matters not regulated by these Terms and Conditions, the provisions of the Terms and Conditions for the Provision of the Enovatio Cloud Service and the agreements concluded with the Client shall apply accordingly.
These Terms and Conditions shall enter into force on 12 August 2026.
Appendix No. 1 – OCR Price List.

Appendix No. 1 OCR Price List