TABLE OF CONTENTS
DEFINITIONS OF TERMS USED IN THE TERMS OF SERVICE
§ 1 GENERAL PROVISIONS
§ 2 TECHNICAL REQUIREMENTS NECESSARY TO USE THE SYSTEM
§ 3 TYPES AND SCOPE OF SERVICES PROVIDED
§ 4 CONCLUDING THE AGREEMENT
§ 5 TERM OF THE AGREEMENT AND TERMINATION
§ 6 FEES
§ 7 RULES FOR PROCESSING USER DATA
§ 8 COPYRIGHTS OF ITSM SOFTWARE
§ 9 USER’S INTELLECTUAL PROPERTY RIGHTS
§ 10 SUBMISSION OF COMPLAINTS AND HANDLING PROCEDURE
§ 11 LIABILITY OF THE PARTIES
§ 12 SUSPENSION OF ACCESS TO SERVICES
§ 13 PERSONAL DATA
§ 14 CONFIDENTIAL INFORMATION
§ 15 PROMOTION OF ITSM SOFTWARE
§ 16 AMENDMENTS TO THE TERMS OF SERVICE
§ 17 FINAL PROVISIONS
DEFINITIONS OF TERMS USED IN THE TERMS OF SERVICE
These Terms of Service set out the rules for concluding the Agreement and the conditions for the provision of Services by ITSM Software to the User, as well as the rights and obligations of the User and ITSM Software. The following capitalized terms used in these Terms of Service shall have the meanings specified below unless the context clearly indicates otherwise:
Agent – a natural person employed by the User under an employment contract or cooperating with the User under a civil law contract who uses the Service on behalf of and with the User's consent
System – the IT system made available to the User by ITSM Software which facilitates streamlining managing and administering the process of receiving and handling requests. The System is accessible through the User’s end device which allows the use of a web browser
User Data – any information content and data including images or text that the User transmits processes and stores while using the System
Business Days – Monday through Friday excluding public holidays according to the applicable laws of the Republic of Poland
Working Hours – hours from 9:00 am to 5:00 pm CET on Business Days
Confidential Information – any data information and documents regarding the business or professional activities of the other Party obtained directly or indirectly in connection with the conclusion or performance of the Agreement including in particular any information regarding the operation of the System and all data contained in the requests submitted via the System
Instance – a dedicated part of the System infrastructure with individual configuration for the User which includes disk space and a database within which the Admin Panel Agent Account and Account are created
ITSM Software – ITSM Software Spółka Akcyjna based in Rzeszów Geodetów 1 35-328 Rzeszów Poland registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów XII Commercial Division of the National Court Register under KRS number 0000908488 NIP number 8133862101 REGON number 38906527400000 with share capital of 300000.00 PLN fully paid email address info@itsmsoftware.pl website www.itsmsoftware.pl
User – a natural person with full legal capacity as well as a legal person or an organizational unit without legal personality but with legal capacity and the ability to enter into legal actions who orders the use of the Service in connection with their professional or business activities with whom ITSM Software enters into the Agreement
Account – a dedicated space in the Instance created in the System for the User in which a set of data concerning the request made by the User is stored which the User gains access to for using the System by means of the request number and the code provided to the User when the request is made
Agent Account – a dedicated space in the Instance created for the Agent where a set of data including that concerning the Agent and Users' requests is stored which the Agent gains access to for using the System by means of login and password. The number of Agent Accounts created in the System corresponds to the number of Agents ordered by the User
Admin Panel – a dedicated space in the Instance created for the User to administer the System. Through the Admin Panel the User can configure the System add additional Agents or reduce their number change the payment card from which the Fee is deducted or terminate the Agreement (using the “Cancel plan” button). Login and password for the Admin Panel will be provided to the User by ITSM Software
Subscription Period – the period of Service provision for which the User pays the Fee the Subscription Period may last one month or one year a single Subscription Period constitutes the minimum duration of the User's obligations under the Agreement. The Parties set the Subscription Period when concluding the Agreement
Trial Period – a 7-day free period during which the User may use the System to familiarize themselves with its features at no cost. During the Trial Period the User may cancel the Service at any time with immediate effect through the Admin Panel (using the “Cancel plan” button). Changing the number of Agents or the length of the Subscription Period during the Trial Period results in its immediate end and the start of the Subscription Period
Technical Support – standard technical support provided by ITSM Software via email telephone or a hotline the number of which is available on the www.mintsd.com website which includes answering basic questions at ITSM Software’s discretion from the User or providing other support directly related to using the System. Requests for Technical Support may only be submitted by the User by telephone through the hotline or by email. The hotline number and email address for Technical Support are listed on the ITSM Software website and may vary by region.
§ 1 GENERAL PROVISIONS
1. Before signing the Agreement ITSM Software provides the User with free access to these Terms of Service electronically at the User’s request in a manner that enables them to retrieve reproduce and store its content via the User’s telecommunication system. The current version of the Terms of Service is available at.
2. The Terms of Service define the conditions and rules for the provision of Services to the User by ITSM Software as well as the rights and obligations of the User and ITSM Software. Using the System implies acceptance of these Terms of Service. If the User does not read and accept these Terms they may not use the System.
3. The System is available from ITSM Software for a fee. The cost of the Service depends on the number of Agents created within the System. By accepting these Terms the User agrees to the financial obligations arising from using the Service described herein in the amount specified in the form for concluding the Agreement available at www.mintsd.com.
4. ITSM Software reserves the right to transfer any and all rights to the System or any rights and obligations under the Agreement to a third party without prejudice to the User's rights under the Agreement.
5. It is prohibited to use the System in a manner that violates the provisions of these Terms applicable laws good customs or principles of social coexistence.
6. The User and the persons to whom they grant access to the System are obliged to refrain from providing illegal content. In particular the User may not place content in the System that may violate the rights or personal rights of third parties or constitute materials that may be used for unlawful purposes.
7. The User is required to maintain the integrity of the System’s content and form.
§ 2 TECHNICAL REQUIREMENTS NECESSARY TO USE THE SYSTEM
1. Using the System requires that the User meets the minimum technical requirements which are available on the ITSM Software website.
2. ITSM Software informs the User that the use of the Internet and electronic services carries a risk of malicious software (malware) that may intercept personal data or grant unauthorized third-party access to processed data as well as compromise their availability or confidentiality. To mitigate these risks the User and persons they allow access to the System should in addition to ITSM Software's security measures implement their own technical and organizational protections such as up-to-date antivirus software or identity protection tools and avoid accessing potentially unsafe websites.
§ 3 TYPES AND SCOPE OF SERVICES PROVIDED
1. Under the Agreement ITSM Software allows the User to use the System on an end device via a web browser however ITSM Software does not provide the actual end device.
2. The addition or modification of System functionalities is not considered a change to the Agreement.
3. The scope of Services additionally includes:
a) access to updates and new versions of the System.
b) hosting of the System on Amazon Web Services Cloud storage capacity within the Instance is determined by the number of Agents ordered by the User with 1 GB of storage allocated per Agent The minimum Instance capacity is 1 GB and the maximum is 50 GB.
c) Technical Support. Requests for Technical Support may be made by the User by phone through the hotline or by email. The hotline number and email address for Technical Support are specified on the ITSM Software website. Requests made otherwise may not be considered. The User must confirm telephone support requests by email. Each request may concern only one issue.
d) other services related to using the System provided by ITSM Software.
§ 4 CONCLUDING THE AGREEMENT
1. Only Users with an Instance may use the Services. To set up an Instance, the User places an order with ITSM Software through the form available on the www.mintsd.com website.
2. During the ordering process, the User provides ITSM Software with the information needed to set up the Instance and provide the Service, including:
a) contact information of the User or their representative, including name, surname, email address, and phone number.
b) company details, including full company name, tax identification number (NIP), and address details.
c) the name of the internet subdomain under which the System will be available.
3. The Agreement between the Parties is concluded when the User submits an order via the online form, provides ITSM Software with the necessary data to conclude the Agreement, accepts its terms by using the available functionalities in the form (e.g., button, checkbox), and associates the payment card with the System (via an external payment service provider), from which the Fee will be automatically deducted
§ 5 TERM OF THE AGREEMENT AND TERMINATION
The Agreement may be concluded for a Subscription Period lasting one month or one year.
The first Subscription Period is preceded by the Trial Period. At the end of the Trial Period, the first Subscription Period begins.
The User may change the Subscription Period from annual to monthly or from monthly to annual at any time. The change takes effect immediately, and the newly chosen Subscription Period will restart.
An Agreement concluded for a specific Subscription Period automatically renews for a subsequent Subscription Period of the same length unless the User submits a termination notice before the end of the current Subscription Period. The same rule applies to subsequent renewed periods of the Agreement.
Each Party may terminate the Agreement with immediate effect in cases where:
a) the other Party materially breaches the terms of the Agreement and a period of at least 14 business days has passed since written or email notice was given to remedy the breach
b) the other Party repeatedly violates any provision of the Agreement
If the Agreement is terminated by ITSM Software immediately, and the User has prepaid for a Subscription Period that extends beyond the termination date, any fees paid by the User in connection with the use of the Service will not be refunded.
Termination or immediate termination requires written or documented notice under penalty of nullity; however, the User’s termination notice must be submitted through the Admin Panel using the “Cancel plan” button.
§ 6 FEES
The Fee for a given Subscription Period is charged and payable in advance, and its amount depends on the number of Agents using the System. The User may not order fewer than 1 Agent or more than 50 Agents.
The User can adjust the number of Agents via the Admin Panel, provided the number of Agents in the System is not fewer than 1 or more than 50.
If the User increases the number of Agents, access to the System will expand to the additional Agents immediately, and the higher Fee will apply from the current Subscription Period. The Fee for new Agents will be charged in advance for the period remaining in the current Subscription Period.
If the number of Agents is reduced, access to the System for the removed Agents will be restricted immediately, and the reduced Fee will apply from the current Subscription Period. Any unused portion of the Fee paid for Agents removed from the System for the remaining period in the Subscription Period will be credited toward future Subscription Periods or refunded within 30 days upon Agreement termination to the payment card used.
Subscription fees are charged from the start of each Subscription Period.
The Fee for each Subscription Period is calculated based on the selected Subscription Period length and the number of Agents ordered at the start of the Subscription Period.
If the User changes the Subscription Period from annual to monthly, any unused portion of the Fee paid will be credited toward the new and subsequent Subscription Periods, or refunded if no additional Subscription Periods follow within 30 days upon Agreement termination.
§ 7 RULES FOR PROCESSING USER DATA
ITSM Software processes User Data solely to provide Services and according to the User's instructions and these Terms of Service. Ownership of User Data remains with the User, and ITSM Software has no right to process it for any other purposes than those specified in the Terms of Service.
Upon the expiration of the Agreement, ITSM Software is authorized to delete User Data and all data from the System, including Agent Accounts, User Accounts, and the data contained therein, subject to the following provisions.
The User accepts that ITSM Software’s Services are provided using Amazon Web Services (AWS) cloud services.
The terms of AWS operations, including data processing (e.g., personal data, User Data), are specified in the current AWS documentation available at https://aws.amazon.com/legal/ and may be amended by AWS. Service terms by AWS are accessible at:
AWS Customer Agreement - current version at https://aws.amazon.com/agreement/
AWS Service Terms - current version at https://aws.amazon.com/service-terms/
AWS Service Level Agreement (SLA) - current version at https://aws.amazon.com/legal/service-level-agreements/
AWS Acceptable Use Policy - current version at https://aws.amazon.com/aup/
In relation to the System, ITSM Software will enable the User to copy User Data upon request within 7 days of Agreement expiration or System access suspension in accordance with § 12 of the Terms, but no later than the date on which User Data will be permanently deleted by the cloud provider, per AWS documentation.
§ 8 COPYRIGHTS OF ITSM SOFTWARE
The Agreement grants the User a non-exclusive, Poland-limited license to use the System during the Agreement term for the fee specified. The license is limited to the number of Agents selected by the User when entering into the Agreement and includes:
a) reproducing the System in memory of the User’s end device for business operations
b) using the System in User’s business operations as intended
The license allows the User and persons granted access to the System by the User to use it exclusively according to ITSM Software's specifications with available functionalities. Any reverse engineering, redistribution, or modifications outside standard usage are prohibited.
ITSM Software reserves all rights to the System not expressly granted to the User under the Agreement. The license does not permit the User to:
a) reproduce, distribute, rent, sell, or otherwise redistribute the System either directly or indirectly without ITSM Software's authorization
b) modify, reverse engineer, or otherwise interfere with the System software
c) use ITSM Software’s intellectual property to create independent products or services
d) use ITSM Software's intellectual property unlawfully or in a way that harms ITSM Software
Any conduct violating these terms will be treated as a breach of the Agreement, giving ITSM Software the right to terminate the Agreement with immediate effect.
§ 9 USER’S INTELLECTUAL PROPERTY RIGHTS
The User guarantees that User Data does not violate the law, rights of third parties, or the intellectual property of third parties.
To provide the Services, the User grants ITSM Software a non-exclusive, worldwide license for the term of the Agreement to use User Data (including economic copyrights and trademarks) as follows:
a) reproducing by storing User Data on any media
b) making User Data available in computer memory, databases, multimedia networks, or any computer networks, especially the Internet
c) performing, displaying, broadcasting, and publicly sharing User Data in a way that individuals selected by the User or Agent can access it at their chosen time and place
d) modifying the presentation or form of User Data in any way deemed appropriate by ITSM Software
The User warrants that:
a) they possess full, unrestricted copyrights and related rights to User Data sufficient to grant the license and guarantee that these rights will not be diminished or burdened during the Agreement term, or that they hold licenses and permissions for third-party rights required to use such intellectual property
b) User Data may be publicly shared by the Agent or individuals authorized by the User without infringing the economic and personal copyrights of creators, as well as related or other rights of third parties
c) they indemnify ITSM Software from any claims concerning User Data, and will fully satisfy and cover any costs incurred by ITSM Software in connection with such claims.
§ 10. SUBMISSION OF COMPLAINTS AND HANDLING PROCEDURE
If the User notices that there is unlawful content in the System that is not part of a report submitted in accordance with the procedure for reporting violations adopted by the User, they should immediately report this to ITSM Software by sending an email to: support@itsmsoftware.pl. When ITSM Software obtains credible information about the illegality of data or actions related to it, access to this content will be blocked without delay, with prior notification to the User who placed the data in the System.
In such cases, ITSM Software shall not be liable to the User for any damages resulting from blocking access to the content mentioned above.
The User has the right to submit complaints related to the use of the System, its functionality, or the Services provided. Complaints should include information identifying the User (such as name, surname or company name, correspondence address, optionally phone number) and a description of justified comments and concerns regarding the System or Services. Complaints should be sent to the email address: support@itsmsoftware.pl. If the complaint needs to be supplemented, ITSM Software will ask the complainant to provide the missing information.
ITSM Software is committed to responding to complaints within 14 days from the date of receipt of a complete complaint from the User. The response will be sent to the email address from which the complaint was received, or to the address provided therein. In justified cases, ITSM Software reserves the right to extend the complaint response time.
Before the User takes any legal action related to the complaint, they agree to resolve any disputed matters first through the complaint procedure.
The date of receipt of the complaint is considered to be the day on which ITSM Software receives the notification by electronic means.
§ 11. LIABILITY OF THE PARTIES
The User bears full responsibility for the actions of both the Agent and the User resulting from the use of the Agent Account and the User Account. The User is solely responsible for all data and materials added, distributed, or sent in connection with the use of the System, as well as the consequences of such actions. ITSM Software’s actions regarding User Data placed in the System are purely technical and do not include verifying their legality.
In the event of third-party claims arising from actions by the User, Agent, or User, especially related to content submitted and processed in the System, the User assumes full responsibility. The User is obligated to indemnify ITSM Software from any liability in this regard.
ITSM Software is not liable for damages related to:
a) actions or omissions by the User, Agent, or User, as well as a third party to whom the User, Agent, or User has granted access to the System, particularly those violating the provisions of the Terms of Service;
b) the lack of access to the System due to reasons attributable to the User, Agent, or User, as well as a person who gained access through them;
c) providing access credentials for the Admin Panel, Agent Account, or User Account to third parties by the User, Agent, or User;
d) malware introduced into the System by the User, Agent, User, or third party to whom they have granted access to the System.
ITSM Software is committed to maintaining the operational efficiency of the System infrastructure and is responsible for System functionality and Service provision.
Technical interruptions may occur in System access due to maintenance or modernization work. ITSM Software is not liable for events resulting from this. ITSM Software is committed to informing the User of planned technical interruptions at least 48 hours in advance, provided the technical interruption does not occur during Working Hours on Business Days.
ITSM Software is not responsible for how the System is used by the User, including the proper handling of requests submitted via the System. The System is intended solely to facilitate the receipt and management of requests. ITSM Software is not liable for the legality, effectiveness, or compliance with the law regarding the handling of requests by the User.
If ITSM Software bears any liability, it is limited to the equivalent of the monthly Fee paid by the User for the month in which the event occurred for which ITSM Software is responsible. If the User pays an annual Fee in advance, ITSM Software's liability limit is calculated based on the actual Fee paid by the User for the annual Subscription Period in which the event occurred, divided by 12.
The total liability limit of ITSM Software for damages occurring in a given calendar year constitutes the sum of the Fees paid by the User for the last 3 months of Service provision or for the actual duration of the Agreement if it is shorter than 3 months. If the User pays an annual Fee in advance, ITSM Software’s total annual liability limit is the Fee paid by the User for the annual Subscription Period, divided by 4.
ITSM Software is not liable for lost profits.
ITSM Software is liable to the User only for damages caused intentionally.
Neither Party is liable for delay, failure, or improper performance of the Agreement when it is related to an event beyond the control of the Parties, such as an event constituting Force Majeure, provided that such an event does not exempt the User from the obligation to pay the Fee for the Services rendered.
This section fully regulates ITSM Software's liability principles. The Parties exclude other legal regulations in this respect, including warranty provisions.
§ 12. SUSPENSION OF ACCESS TO SERVICES
In cases of:
a) insufficient funds on the User's payment card, authorized by the User for Fee payment, or removal of the card from the payment system despite at least 7 days' payment delay;
b) failure to authorize the payment card in the payment system, as mentioned in § 6.10 of the Terms of Service, by the end of the Trial Period – if ITSM Software allowed the User to use the Trial Period without providing payment card details before starting the Trial Period;
ITSM Software is entitled, without further demand for payment from the User, to suspend the Services, including blocking access to the System, with the possibility of restoring access upon payment.
Regardless of the above right, if the User delays payment of the Fee, ITSM Software – from the first day after the due date – may display a notice in the Admin Panel informing of the overdue Fee.
ITSM Software has the right to receive the Fee for the period of service suspension due to being ready to provide the Services.
ITSM Software may terminate the Agreement immediately after any service suspension lasting more than 7 days without requiring the User to fulfill the Agreement properly.
§ 13. PERSONAL DATA
By concluding and performing the Agreement, personal data processing is entrusted by the User to ITSM Software. To define the terms of such processing and comply with Article 28 of the GDPR, the Parties enter into a data processing agreement as specified in Appendix 1 to the Terms of Service.
The User agrees to inform individuals whose data is provided to ITSM Software about the privacy notice available online at https://www.mintsd.com/blog/itsm-software-dpa (before sharing the data) and any updates to it. At ITSM Software’s request, the User will provide evidence of compliance with this obligation. The User will ensure that, where necessary (e.g., due to the citizenship of an employee), the GDPR information notice is provided in a language understood by the recipient. The User, as a natural person, declares that they have read the privacy notice published at the above website before submitting their personal data to ITSM Software.
§ 14. CONFIDENTIAL INFORMATION
Each Party agrees not to disclose Confidential Information to any third party without obtaining the prior express consent of the other Party.
The Parties commit to ensuring that all persons who represent or cooperate with either Party and have access to Confidential Information will adhere to confidentiality obligations.
The confidentiality obligation applies both during the Agreement's term and for three years after its termination, regardless of the reason for ending the cooperation. However, even after this period, the User is obligated to protect and not use ITSM Software’s trade secrets if they are still in possession of them.
Confidential Information may be accessible only to those who need the data to fulfill the Agreement’s provisions and have been informed of its confidential nature and obligations under the Terms of Service.
The confidentiality and protection obligations apply regardless of whether the Confidential Information was provided verbally, in writing, or in any other form or format.
§ 15. PROMOTION OF ITSM SOFTWARE
The User grants ITSM Software permission to use information about the cooperation with the User for marketing purposes, including using the User’s trademarks and other designations. This permission also includes a license to use these elements as needed for promotional activities.
ITSM Software may share information about the cooperation with the User, particularly for the following promotional activities:
a) internet promotion;
b) marketing related to events;
c) mass media advertising;
d) campaigns directed at the User, such as brochures or offer catalogs.
ITSM Software guarantees that all promotional activities will be conducted per appropriate standards while ensuring that the User's trademarks and other designations are presented favorably.
These provisions apply throughout the Agreement's duration. After its expiration, they become an agreement for an indefinite period with a one-month termination notice, effective at the end of the month, requiring written form under penalty of nullity.
§ 16. AMENDMENTS TO THE TERMS OF SERVICE
ITSM Software reserves the right to modify the Terms of Service and its appendices. Each change takes effect 14 days after publication on the www.mintsd.com website or upon notification to the User. During this time, the User may terminate the Agreement, in which case the Agreement in its previous version will end at the close of the current Subscription Period.
In any case, the amended Terms of Service apply to the User, and their provisions are effective from the start of the next Subscription Period.
Modifications to the Terms of Service may occur, particularly in the event of:
a) updates to legal regulations regarding the Services covered by the Agreement, including those affecting the rights and obligations defined in the Agreement or changing interpretations due to judicial decisions, recommendations, or instructions from relevant authorities;
b) the need to adapt Services to new technical, economic, or technological requirements, including System development;
c) changes in the scope or method of providing Services regulated by the Terms of Service, including introducing new System functionalities or retiring current ones by ITSM Software.
ITSM Software reserves the right to adjust the Fee Schedule, notifying the User under the principles above. New rates apply at the start of the next Subscription Period, subject to § 16.6 below. Changes to the Fee Schedule may result from Service expansion, increased operating costs, or IT specialists' wage increases.
Changes do not affect any orders or payments made by the User before the effective date of such changes.
In case of price changes by the cloud infrastructure provider used by the System (e.g., AWS price changes), ITSM Software reserves the right to update the Fee Schedule accordingly. The User will be notified of new rates at least 7 days before they take effect, with the new prices applicable no later than the day they are introduced by the cloud service provider.
ITSM Software will notify the User of any changes to the Terms of Service and the Fee Schedule via email.
§ 17. FINAL PROVISIONS
The Parties agree to resolve any disputes arising from the provisions of the Terms of Service first through amicable resolution. If an agreement cannot be reached, disputes will be settled by the competent common court with jurisdiction over ITSM Software's registered office. If the User's registered office is outside of Poland, the Parties agree that all matters arising from or related to the Agreement will be subject to the jurisdiction of the Polish courts.
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, it does not affect the validity of the remaining provisions, which remain in full force and effect.
The User may not, without written consent from ITSM Software, assign any claims arising from the Agreement to third parties or offset their claims with those of ITSM Software arising from the Agreement, under penalty of nullity.
The governing law for this Agreement is Polish law. To the extent permitted by law, the direct application of international and foreign law provisions is excluded. However, if international or foreign provisions are mandatory and applicable to the Agreement, the User agrees to inform ITSM Software accordingly. If such notification is not provided, ITSM Software reserves the right to terminate the Agreement immediately.
If the Agreement is concluded in multiple languages or translated into other languages, the Polish version shall be binding and decisive, especially regarding the interpretation of terms used in the Agreement.
ATTACHMENTS
Attachment 1 – Data Processing Agreement.
