§ 1. General provisions
These regulations govern the use of task management application (further on referred to as the “Application”).
The services offered by the Application include the following functionalities: saving tasks, commissioning tasks to other users (including people without an Account), attaching comments and files to tasks, setting task parameters – description, deadline, tags, notifications, activity lists, organising tasks, task filtering, task search (further on, collectively referred to as “Service / Services”).
The administrator of the Application is Who Else Poland Sp. z o.o. with its registered office in Warsaw, ul. Duchnicka 3 building 16, 01-796 Warsaw, entered into the Register of Entrepreneurs run by the District Court for the Capital City of Warsaw, in Warsaw, XII Economic Department of the National Court Register, with the number: 0000312294, NIP Tax ID: 5242658562, REGON statistical no.: 141547137, further on referred to as the “Administrator.
§ 2. Use of the Application
In order to run the Application, please download it from https://download.ping.tm/. Then create an account (“Account”) by filling out the registration form and ticking off the appropriate check boxes. During registration, please provide first name, last name, and e-mail address. After creating the Account, you become a user of the Application (further on referred to as “User”).
The Application may be used exclusively by persons 13 years or older.
Each User may have only one Account and at the same time one Account may be used by only one User. The Application enables the User to manage projects under his or her Account.
A desktop or mobile device (including a smartphone) with the following operating systems: Windows, Linux, MacOS, iOS, WatchOS and Android is indispensable to use the Application. The full functionality of the Application requires Internet access.
Data placed in the Application with Internet access is synchronised with Ping servers. The User has access to data on the Account from any device operated by the Application and has the option of cooperating with other Users.
§ 3. User responsibility
The User is responsible for all actions and content related to his or her Account. The Administrator is not responsible for any actions of the User or any content posted and availed of by the User in connection with the use of the Account and the Application.
The Administrator does not claim any intellectual property rights to the content that the User posts in the Application.
The User is responsible for storing the Account password in a secure place. The Administrator shall not be held liable for damages due to a breach of this obligation by the User.
The User is responsible for using the Application in a lawful manner, without infringing any regulations, in any jurisdiction (including copyright).
The User may not enter and / or distribute unlawful data or data that infringes on copyrights and other rights of third parties. Such data includes, in particular: text, images, graphics or links. The Administrator does not verify, whether the content sent by the User is adequate or virus-free, nor does it determine whether it is technically possible to examine it for viruses.
Before sending any document, the User is obliged to verify that he or she is entitled to use the document in this regard and that making the document publicly available is not contrary to applicable law, moral standards and / or the rights of third parties.
It is prohibited to send files featuring violence or pornographic, discriminatory, offensive, racist, libelous or otherwise unlawful as well as making them publicly available.
The Administrator has the right to delete User’s photos or files without prior warning, if he considers that publishing them violates the law, moral standards and / or the rights of third parties.
Content posted in the Application may not be copied, distributed or made available to the public in any other way without the express consent of the owner of the rights, unless it is permitted by the law.
The User may not take actions to reduce the operational capacity of the Application.
In case the above situation occurs, the Administrator may block the use of the Application.
If the Administrator, according to his assessment, deems that the Application is being used illegally or in violation of these Regulations, the Administrator reserves the right to immediately block access to the Account. In the event of unlawful use of the Application, the Administrator does not rule out legal enforcement of his rights.
Behaviour violating the principles of social coexistence towards another User or Administrator may lead to immediate suspension of the Account, which means the cessation of the provision of Services.
If the use of the Service by the User significantly exceeds the level set by the Administrator, the Administrator reserves the right to suspend the Account or reduce the functionality of the Account.
The User exempts the Administrator from any claims, including claims for damages, brought against him by other users or other third parties, for violating their rights in effect of sending or publishing contents by the User, in connection with the infringement of other rights as a result of using the Application. The User bears all costs in connection with such issues, including the relevant costs of defense incurred by the Administrator.
§ 4. Administrator responsibility, security.
Ping servers are located in a secure environment in Europe and are monitored 24 hours a day, 7 days a week.
All files and data on Ping servers, including those containing personal data, stored and processed as part of the Service, are secured and their backup copies are stored in a place secure from fire and theft, which is separated from the location of the main Ping servers. Full back-up copies of Ping servers are made daily, while full backups of user account data are made at all times to ensure the security of User data at all times.
The Administrator is not responsible for the inability to use the Application due to force majeure or other events that are beyond his control.
The Administrator does not own other networks, IT systems, or User devices, and so he is not responsible for problems encountered with such networks / systems / devices.
The Administrator is not responsible for texts, contents, images, data and / or information sent by the User.
The User may report to the Administrator either illegal or non-contractual use of the Application by using this email address: firstname.lastname@example.org.
The Administrator responsibility for using the Application is limited to serious negligence or lack of guaranteed feature. Liability will be limited to typical and foreseeable damages. Administrator further liability is excluded.
The User is not entitled to compensation due to a defect in the Application caused by circumstances for which the Administrator is not responsible.
Defect will always be considered as genuinely existing, if the fitness for use in accordance with the contract is suspended or significantly reduced. If the fitness for contractual use is completely suspended, you will be exempted from paying fees in accordance with point 6 until the defect is removed. If use is partially possible, fees will be reduced to an appropriate level for a time period until the defect is removed.
You are obliged to inform us of the occurrence of defect immediately either in writing or by email.
§ 5. Payments
Payments for the Service are realised in advance, on a monthly or annual basis.
If you have a subscription, it will renew automatically until its cancellation. Each subsequent payment will be due at the beginning of a new payment cycle.
If the User is a citizen or entity residing within the EU, he / she makes payments for the Account in the following currencies: GBP (British pounds), EUR (euro) or PLN (Polish zlotych), depending on the place of residence. The fee determined in the tariff is augmented by the amount of VAT applicable in the country of User residence. If the User is a legal person residing in a country other than Poland and has a valid NIP (Tax ID) number registered in the EU, he or she will not be charged VAT. If the User resides outside of the EU, he or she makes payments depending on place of residence in the following currencies: USD (US dollars), RUB (Russian rubles), YCN (Chinese yuan), or JPY (Japanese yen), and such payments do not include VAT.
If the User resigns from the Service before the end of payment cycle, his or her resignation will be considered immediately and no fee will be charged for the next billing period. Funds collected from the User will not be refunded for any unused period of the provision of the Services.
§ 6. Complaints
Any comments and reservations regarding the Application or Services provided should be reported to: email@example.com.
The User may file a complaint if the Services are not provided or are being performed improperly.
A complaint should contain at least the User name, description of the complaint, description of the objections raised and e-mail address to which the response to the complaint is to be sent.
If the data or information provided in the complaint require supplementing, before considering the complaint, the Administrator will ask the User to supplement it in the scope as indicated by the Administrator.
The Administrator undertakes to consider the complaint within 14 days from the date of its receipt, provided that it contains all the information required for its consideration, as referred to in the point above. The Administrator may refuse to consider complaints submitted after 90 days from the time of emergence of the reasons for the complaint.
Response to the complaint is dispatched exclusively to the User email address.
§ 7. Final provisions
These regulations have been drafted in accordance with the provisions of the Act of July 18, 2002. on the provision of electronic services (Legal Journal No. 144, item 1204, with subsequent amendments) and the Regulation of the European Parliament and of the Council 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46 / EC (GDPR).
The Administrator reserves the right to update and amend the Regulations and its elements in connection with changes in applicable provisions or changes in the way the Services operate. Continued use of the Services after changes have been made, is deemed as consent to such changes.
The current version of the Regulations is available at https://ping.tm/terms.
If individual provisions of these Regulations are or become invalid and / or in conflict with applicable legal provisions, this will not affect the validity of the remaining provisions. Instead of an invalid, unenforceable provision, the Parties will jointly agree on a provision that approximates as much as possible the original one.
Contact with the Administrator is possible by email messages dispatched onto the e-mail address: firstname.lastname@example.org.