DEFINITIONS:

1. AXENCE - Axence Spółka z Ograniczoną Odpowiedzialnością Spółka Jawna [limited liability company general partnership] with its registered office in Kraków (30-527), ul. Na Zjeździe 11, The code in the National Court Register [KRS]: 0000903894), Tax Identification Number [NIP] PL 6751399589 and Business Entity Number [REGON] 120773290;
2. Software – computer software developed by AXENCE, including computer programs offered on the market under the brand name Axence nVision^®;
3. Partner – an entity conducting business consisting of, among other things, the sale of Axence nVision^® software under an agreement concluded with AXENCE;
4. License User –  an entity using the commercial (paid) license of Axence nVision^® indicated in the Orded Form.;
5. Maintenance Service – maintenance services provided to Users by AXENCE in accordance with the provisions hereof;
6. Update Service – Software update services provided to Users by AXENCE in accordance with the provisions hereof;
7. AXENCE Service – shall be understood as the Maintenance Service together with the Update Service;
8. Working days – days from Monday to Friday, excluding non-working days. 

§ 1 

1. This document sets out the rules for using AXENCE Services by Users, related to the maintenance and update of Software produced by AXENCE.
2. License Users are obliged to read this document before using AXENCE Services.
3. Using AXENCE Service shall be understood as acceptance of the provisions hereof and accession to the Agreement on the terms specified herein.
4. Users are entitled to use AXENCE Services on the terms provided herein with no additional charges within the period of one year from the date of purchase of Axence nVision^® software, provided that the Software has been purchased from the Partner or AXENCE. After the expiry of the period referred to in this point, §1 (3), AXENCE Services may be available subject to the conclusion of an additional agreement on an extended period of AXENCE Services provision with the Partner or AXENCE governing the terms for payment of remuneration for AXENCE Services (hereinafter referred to as 'Service Agreement Renewal'). The Renewal of the Service Agreement requires continuity. The start date of the renewal must be the day following the end date of the preceding Service Agreement.
5. AXENCE undertakes to ensure that the Users entitled to use the Maintenance Service at a given time, shall have the right to use the following forms of Software support and maintenance: 

1. Axence nVision^® software telephone technical support at +48 (12) 426-40-37 or another telephone number published on the AXENCE website, during hours indicated on the AXENCE website; 

   a). Reporting defects or irregularities in the functioning of the Software using the following e-mail address: support@axence.net or any other address indicated on the AXENCE website; 

   b). Reporting defects or irregularities in the functioning of the Software using the contact form available on the AXENCE website or directly from the Software; 

   c). In-depth analysis of incidents (logs) reported by Users; 

   d). Provision of assistance by AXENCE by means of remote sessions; 

   e). Response time to the User's notifications not exceeding the following Working day; 

2. AXENCE undertakes to ensure that Users entitled to use the Update Service at a given time, may take advantage of the following form of Software updates: 

   a). The opportunity to install any updates of Axence nVision^® software available during the term of this Agreement, including upgrades; 

   b). Update of software patterns. 

    

§ 2 

1. AXENCE reserves the right to amend this document, whereby such changes may not limit the Users' privileges related to the Services rendered to them in any significant way.
2. AXENCE reserves the right to change the manner of performing the Maintenance Services by changing the method of accessing the Maintenance Services or times of accessing the Maintenance Services, and such changes shall not be treated as limiting the Users' privileges.
3. AXENCE reserves the right to amend this document, of which the License User shall be informed at least 14 days prior to the effective date of the amended document, by sending an updated version by e-mail. Failure by the License User to give notice of termination of the Service Agreement within 7 days of receipt of the aforementioned notice shall be deemed acceptance of the proposed changes.
4. AXENCE declares that any information obtained by AXENCE from Users in the performance of Services shall be treated as confidential and shall not be disclosed to third parties without the prior consent of a specific User.
5. Any disputes arising between AXENCE and Users in connection with the performance of Services shall be resolved by a common court of subject matter jurisdiction competent for AXENCE's registered office. To all matters not settled herein, mandatory provisions of Polish law shall apply.  

The Controller of data of the Ordering Party and the License User (as well as their employees/ co-workers) is AXENCE ("Company"). 

Personal data shall be processed for the purposes of: conclusion and performance of the License Agreement, and performance of obligations arising from the provisions of the law, including the tax law. 

All of the above-mentioned entities shall have the right to access their data, including the right to obtain a copy of data, data portability, the right to rectify and erase data, restrict their processing, lodge a complaint with the supervisory authority (in Poland: President of the Personal Data Protection Office), and the right to object (when the processing takes place under Article 6 section 1 letter f of GDPR). 

Data recipients: 

• Partners, the purpose of making data available is: 
  • support for the concluded License Agreement; 

  • handling of the process of the conclusion of the License Agreement. 

    Data are processed for the above-mentioned purposes on the basis of legitimate interest of AXENCE (Article 6 section 1 letter f) of GDPR);

• Entities providing IT services on behalf of AXENCE in relation to the execution of the License. 

With regard to the legitimate interest of AXENCE (Article 6 section 1 letter f) of GDPR), data of the Ordering Party and the License User may be obtained from the Partner in relation to the execution of the License Agreement. 

The provision of data is voluntary however, it is necessary for the above-mentioned purposes. The Ordering Party and the License User may make available to AXENCE the personal data of their employees/ co-workers only under the legal basis for making the data available for the purposes of the performance of the License Agreement, after meeting the information obligation towards such persons and indicating, among others, AXENCE as the recipient of such data. 

See more in the Privacy Policy