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TERMS OF SERVICE

Website www.atsep.app and the Atsep Inspection application: www.atsep-inspection.web.app

Effective from: 01.01.2026

1. GENERAL PROVISIONS AND DEFINITIONS

1.1. Subject Matter of the Terms

These Terms of Service define the types, scope, and conditions for the provision of electronic services by the Service Provider through the Website and the Application.

1.2. Definitions

Terms used in these Terms of Service have the following meanings:

TERMS OF SERVICE – these Terms of Service for the provision of electronic services.

SERVICE PROVIDER / ADMINISTRATOR – Radosław Pesta conducting business under the name Kedar Radosław Pesta, registered in the Central Register and Information on Business Activity:

  • Address: ul. Klonowa 18, 09-414 Brudzeń Duży
  • VAT No.: 7743145840
  • Statistical No.: 388417127
  • E-mail: biuro@atsep.app

USER – an entity using the Website or the Application.

WEBSITE – the website operating at www.atsep.app.

APPLICATION – the Atsep Inspection application on the Web-PWA platform, enabling the creation of inspection reports, site visit reports, and audit records in the form of documentation containing text and photographs, accessible via a web browser at www.atsep-inspection.web.app.

ACCOUNT – a set of resources in the Service Provider’s IT system assigned to the User, created automatically upon the User’s first login to the Application via an external authentication provider (Google). The Account allows the User in particular to manage data, reports generated in the Application, and team members.

ENTREPRENEUR – a natural person conducting business activity, a civil partnership, or a commercial law company.

CONSUMER – a natural person entering into a legal transaction with an entrepreneur that is not directly related to their business or professional activity (Art. 22¹ of the Civil Code).

PACKAGE – a defined scope of Account and Application functionality available to the User under the selected payment option.

TEST VERSION / BETA – a free, temporarily available version of the Application for the purpose of testing, collecting feedback, and developing functionality. The Test Version may contain bugs, may operate intermittently, and may change during the period of its availability.

TEST PERIOD – the period of free use of the Application under the Test Version, counted in accordance with section 2.3 of these Terms.

FEEDBACK – voluntary comments, suggestions, and bug reports submitted to the Service Provider by the User in connection with the use of the Test Version.

PRIVACY POLICY – a document defining the rules for processing the personal data of Users by the Service Provider, constituting an integral part of these Terms of Service.

1.3. Acceptance of the Terms

  1. Every User, upon taking steps aimed at using the Application or the Website, is obliged to read and comply with the provisions of the Terms of Service and the Privacy Policy.
  2. Use of the Website and the Application is equivalent to acceptance of the Terms of Service and the Privacy Policy.
  3. Before creating an Account, the User is obliged to:
    • Read the content of the Terms of Service and the Privacy Policy
    • Accept the Terms of Service and the Privacy Policy
    • Consent to the processing of personal data in accordance with the Privacy Policy

1.4. Intellectual Property Rights

  1. All trade names, service names, company names, and their logos used in the Application and the Website belong to their respective owners and are used solely for identification purposes. They may be registered trademarks.
  2. All materials, descriptions, and photographs presented in the Application and the Website are used for informational purposes and are protected by copyright law.
  3. All rights to content contained in the Website and the Application (with the exception of content provided by Users) belong to the Service Provider or to third parties who have consented to their use and distribution by the Service Provider.
  4. The User bears full liability for any damage caused to the Service Provider as a result of copying, reproducing, or using any content of the Website and the Application without the explicit consent of the Service Provider.
  5. Any use, by any person, without the explicit written consent of the Service Provider, of any element comprising the content of the Website and the Application constitutes a violation of copyright and results in civil and criminal liability.

1.5. Advertising Content

The Service Provider has the right to publish advertising content on the Website. Such content constitutes an integral part of the Website and the materials presented therein.

1.6. Applicable Law

Matters not regulated by these Terms of Service are governed by the provisions of:

  • The Act of 23 April 1964 – Civil Code (Journal of Laws 2023, item 1610, as amended)
  • The Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2020, item 344, as amended)
  • The Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws 2022, item 2509, as amended)
  • Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR)
  • Other applicable provisions of Polish law

2. CONDITIONS OF USE OF THE WEBSITE AND THE APPLICATION

2.1. Who May Be a User

  1. Only an Entrepreneur may be a User:
    • A natural person conducting business activity registered in the Central Register and Information on Business Activity
    • A civil partnership
    • A commercial law company (limited liability company, general partnership, limited partnership, joint-stock company, etc.)
  2. The Service Provider does not provide services to Consumers.
  3. If an Account is created by an entity other than those listed in point 1, it will be promptly deleted by the Service Provider.

2.2. Models of Use of the Website and the Application

Use of the Website and the Application may be:

  • Free of charge – under the Test/Beta Version for a trial period (7 days)
  • Paid – depending on the package selected by the User

2.3. Account Creation and Trial Period

  1. Account creation is free of charge and occurs automatically upon the User’s first login via a Google account.
  2. Account creation requires:
    • Possession of an active Google account
    • A declaration of having read the Terms of Service and the Privacy Policy
    • Consent to the processing of personal data in accordance with the Privacy Policy
  3. Account creation triggers the start of a 7-day trial period with full access to all Application features.
  4. Upon expiry of the trial period, Account functionality will be automatically limited to a basic level.
  5. During the trial period the Application is provided as a Test/Beta Version, in particular for the purpose of verifying its operation and collecting feedback.
  6. During the trial period the Service Provider may make changes to the Application’s features, including adding, modifying, or removing functions, without any obligation to maintain compatibility or continuity of operation.
  7. The Service Provider does not guarantee during the trial period full availability of the Application, the absence of errors, or the retention of all data entered by the User. The User should independently make copies of important data (e.g. by exporting reports to PDF).
  8. The Service Provider may at any time shorten, extend, or terminate the trial period or disable the Test Version for a given User or all Users, for valid organisational or technical reasons, in particular where necessary to ensure the security of the system.
  9. Use of the Test Version is free of charge. Commencement of use of a paid package requires a separate decision by the User and payment in accordance with section 2.4.

2.4. Paid Packages

  1. The User may at any time choose to use a paid package.
  2. The current package offer together with its detailed description and pricing is available on the Website www.atsep.app.
  3. Methods of purchasing a paid package:
    • a) Direct contact with the Service Provider: E-mail: biuro@atsep.app
    • b) Online purchase (if currently available on the Website): Directly from the Website or via an external payment operator system (e.g. PayPal, Stripe)
  4. Payment terms:
    • The fee is paid in advance for the package selected by the User (monthly or annual)
    • Activation of the paid package takes place after the User has made payment
    • In the event of non-payment, the User will not be able to use the full Account functionality
  5. Period of use:
    • The User may use the paid package for the period they have paid for
    • The User’s discontinuation of use of the Website or the Application for any reason does not entitle them to a refund of the advance fee paid

2.5. Invoicing

  1. The Service Provider shall issue the User with an invoice for each payment made by the User.
  2. The invoice shall be delivered to the User in electronic form (PDF) to the e-mail address indicated by the User.
  3. The Service Provider shall not be liable for the accuracy of the invoicing details provided by the User.
  4. In the event of incorrect details provided by the User, correction of the invoice may be subject to an additional administrative fee.

2.6. Technical and Organisational Restrictions

  1. One Account – one business:
    • An Account may be assigned to one business only (one VAT number)
    • Sharing an Account between different business entities is prohibited
  2. Device limit:
    • An Account may be used on a maximum of 3 different devices (saved browsers) of the User
    • The device limit does not apply where separate arrangements have been made between the User and the Service Provider
    • If the limit is exceeded, the User may contact the Service Provider
  3. Team members:
    • The User may add team members (collaborators) to their Account in accordance with the functionalities of the selected package
    • Team member management is carried out via the function available in the Account

2.7. Feedback

  1. The User may voluntarily provide the Service Provider with Feedback regarding the operation of the Application, including bug reports and improvement suggestions.
  2. The submission of Feedback does not constitute a paid service and does not give rise to any obligation on the part of the Service Provider to implement the reported changes.
  3. The User grants the Service Provider a free, non-exclusive, territorially unlimited licence to use Feedback for the purpose of developing, modifying, and improving the Application.

3. USER OBLIGATIONS AND PROHIBITIONS

3.1. General Obligations

The User is obliged to:

  1. Use the Website and the Application in a manner consistent with:
    • Polish and international law
    • The provisions of these Terms of Service
    • Good practices
  2. Respect the personal rights and intellectual property rights of third parties.
  3. Refrain from actions that may disrupt the functioning of the Website and the Application.
  4. Keep the Account login credentials confidential.
  5. Promptly notify the Service Provider of any irregularities or suspected breach of Account security.

3.2. Prohibitions

The User is prohibited from:

  1. Providing unlawful content, in particular:
    • Content infringing copyright or industrial property rights
    • Content containing personal data of third parties without their consent
    • Offensive, vulgar, or reputation-damaging content
  2. Taking actions to the detriment of the Website or the Application.
  3. Using automated systems or software for the purpose of:
    • Excessively burdening the Application
    • Interfering with its operation
    • Unauthorised data extraction
  4. Using the Application in a manner contrary to applicable law.
  5. Attempting to:
    • Obtain data to which the User is not entitled
    • Make unauthorised changes to the functioning of the Application
    • Hack into the Service Provider’s IT system
  6. Sharing the Account or login credentials with unauthorised persons.

3.3. Liability for Content

  1. The User bears full liability for the content (texts, photographs, files) they place in the Application.
  2. The User declares that:
    • They hold the copyright or appropriate licences for the content they share
    • The content does not infringe the rights of third parties
    • They have the consent of persons whose data or image appears in the submitted content
  3. The Service Provider reserves the right to remove content provided by the User in the event of reasonable suspicion of a breach of the Terms of Service or generally applicable law.

4. ACCOUNT BLOCKING AND DELETION

4.1. Grounds for Blocking an Account

The User’s Account may be blocked, including with immediate effect and without prior notice to the User, in the event of:

  1. Taking actions to the detriment of the Website or the Application.
  2. Using automated systems or software to excessively burden the Application or interfere with its operation.
  3. Using the Application in a manner contrary to applicable law.
  4. Attempting to obtain data to which the User is not entitled, or to make unauthorised changes to the functioning of the Application.
  5. The occurrence of a justified case in which continued use of the Account could:
    • Expose the Service Provider, other Users, or third parties to damage
    • Breach the security of the IT system
    • Act against an important interest of the Service Provider
  6. Breach of other provisions of the Terms of Service or the Privacy Policy.

4.2. Consequences of Account Blocking

  1. Blocking of the Account results in:
    • Loss of access to the Application and the Website
    • Automatic termination of the electronic services agreement
    • No refund of fees paid for the unused period

4.3. Account Unblocking

  1. A User whose Account has been blocked may apply for its unblocking by demonstrating that the grounds for blocking have been remedied.
  2. The decision to unblock the Account rests solely with the Service Provider.

4.4. Account Deletion by the User

  1. The User may delete their Account at any time by sending a statement to: biuro@atsep.app
  2. Account deletion takes place within 14 days of receipt of the statement.
  3. Before deleting the Account, the User should download all data they wish to retain (export reports to PDF).
  4. Account deletion results in the permanent removal of all User data from the Service Provider’s servers (subject to data that must be retained in accordance with applicable law, e.g. invoices).
  5. The User’s Account shall be automatically deleted after 90 days from the expiry date of the paid package, if during that time the User has neither renewed the package nor deleted the Account themselves. The User should download all data they wish to retain before the expiry of this period (export reports to PDF).

5. TERMINATION OF ELECTRONIC SERVICES AGREEMENTS

5.1. Termination by the User

  1. The User may cease using the Website and the Application with immediate effect and without giving reasons, by means of a statement sent by e-mail to: biuro@atsep.app
  2. The fee paid for the period remaining until the end of the prepaid billing period (month or year) is non-refundable.
  3. Exception: if the service cannot be provided due to reasons attributable to the Service Provider, the User is entitled to a proportional refund of the fee for the unused period.

5.2. Termination by the Service Provider

The service agreement shall be automatically terminated in the event of the User’s Account being blocked in accordance with section 4 of these Terms, in particular in the event of:

  1. Taking actions to the detriment of the Website or the Application.
  2. Using automated systems or software to excessively burden the Application or interfere with its operation.
  3. Using the Application in a manner contrary to applicable law.
  4. Attempting to obtain data to which the User is not entitled, or to make unauthorised changes to the functioning of the Application.
  5. The occurrence of a justified case in which continued use of the Account could expose the Service Provider, other Users, or third parties to damage, breach the security of the IT system, or act against an important interest of the Service Provider.

6. COMPLAINTS PROCEDURE

6.1. Submitting Complaints

  1. All comments and issues (complaints) relating to the operation of the Website and the Application may be submitted by the User via e-mail to: biuro@atsep.app
  2. The complaint should include:
    • The User’s first name, surname, and company name
    • E-mail address and contact phone number
    • Type and date of the irregularity
    • Detailed description of the problem
    • The User’s expectations (e.g. repair, refund)
  3. The more information and circumstances regarding the subject of the complaint the User provides, the faster the Service Provider will be able to process the complaint.

6.2. Processing of Complaints

  1. The Service Provider shall process the complaint without undue delay, no later than within 14 days from the date of receipt of the complaint.
  2. In particularly complex cases, the deadline may be extended to 30 days, of which the User will be informed.
  3. The Service Provider’s response to the complaint shall be sent to the User’s e-mail address provided in the complaint.
  4. In the response the Service Provider shall:
    • Address the User’s allegations
    • Propose a solution to the problem
    • In the event of rejection of the complaint – provide the grounds for refusal

6.3. Amicable Dispute Resolution

The Service Provider strives for amicable resolution of all disputes and encourages Users to contact them directly in order to resolve any misunderstandings.

7. USER DATA PROTECTION

The Service Provider ensures proper protection of the User’s personal data. All personal data provided by the User is collected, stored, and processed solely in accordance with generally applicable law, including the GDPR.

Detailed information regarding the processing of personal data is contained in the Privacy Policy, which constitutes an integral part of these Terms of Service and is available at www.atsep.app.

8. TECHNICAL REQUIREMENTS

8.1. Requirements for the Website

Correct use of the Website requires:

  1. A computer or mobile device with internet access
  2. An active Google account (required for login)
  3. An up-to-date web browser with the following enabled:
    • Cookies
    • Local Storage
    • JavaScript
  4. Recommended browsers:
    • Google Chrome (version 90+)
    • Mozilla Firefox (version 88+)
    • Microsoft Edge (version 90+)
    • Safari for macOS (version 14+)

8.2. Requirements for the PWA Application

Correct use of the PWA Application requires:

  1. A device running:
    • iOS 11.4 or later
    • Android 5.0 or later
  2. Internet access (required for data synchronisation)
  3. A system environment capable of installing and running Progressive Web App (PWA) applications
  4. A browser supporting the PWA standard (Chrome, Safari, Edge, Firefox)

8.3. Minimum Connection Parameters

Recommended internet connection speed: minimum 1 Mb/s (5 Mb/s recommended for optimal performance).

9. INFORMATION ON SPECIFIC RISKS

  1. Use of the internet and electronically provided services may involve the risk of unauthorised persons obtaining or modifying the User’s data.
  2. In order to minimise risks, the User should:
    • Use appropriate technical measures (e.g. antivirus software, firewall)
    • Regularly update software and the operating system
    • Not share login credentials with third parties
    • Use secure internet connections
  3. The Service Provider applies appropriate technical and organisational measures to ensure the security of the services provided, in particular:
    • Encrypted connections (HTTPS protocol)
    • Regular data backups
    • System security monitoring

10. LIABILITY OF THE PARTIES

10.1. User’s Liability

  1. The User bears full liability for:
    • Content placed in the Application
    • Actions taken via their Account
    • Securing the Account login credentials
    • Compliance of their activities with the Terms of Service and applicable law
  2. The User is obliged to promptly notify the Service Provider of any irregularities related to the functioning of the Account or suspicion of its unauthorised use.

10.2. Service Provider’s Liability

  1. The Service Provider bears liability for non-performance or improper performance of services only to the extent and on the principles set out in applicable law.
  2. The Service Provider shall not be liable for damage arising as a result of:
    • Force majeure (natural disasters, internet infrastructure failures, cyberattacks on critical infrastructure)
    • Actions or omissions of third parties beyond the Service Provider’s control
    • Incorrect or non-compliant use of the Website and the Application by the User
    • Failure of the User’s hardware or software
  3. Technical interruptions:
    • The Service Provider has the right to carry out planned technical interruptions
    • Users shall be informed of planned interruptions in advance (at least 24 hours)
    • Interruptions shall be carried out during night-time hours or at weekends (where possible)
  4. Limitation of liability for damages:
    • The Service Provider’s liability is limited to the amount of fees paid by the User for the last billing period (month or year)
    • The Service Provider shall not be liable for lost profits, indirect, or consequential damages
  5. In respect of the Test/Beta Version, the Service Provider shall not be liable for interruptions in the operation of the Application, data loss, or functional limitations resulting from the test nature of the service, subject to mandatory provisions of law.

11. AMENDMENTS TO THE TERMS OF SERVICE

11.1. Right to Amend

The Service Provider reserves the right to amend the Terms of Service in the following cases:

  • Changes in legislation affecting the provision of services
  • Changes to the functionality of the Website or the Application
  • Introduction of new services or packages
  • Improvement of services provided or enhancement of the level of security
  • Changes resulting from decisions of administrative bodies or court judgments

11.2. Amendment Procedure

  1. Amendments made to the Terms of Service by the Service Provider shall be binding on the User, provided that the User has been duly informed of the amendments.
  2. Users shall be informed of planned amendments at least 14 days before they take effect by means of:
    • An e-mail to the address associated with the Account
    • A notification on the Website after login
    • Publication of the amended Terms of Service on the website www.atsep.app

11.3. Right to Refuse Acceptance of Amendments

  1. The User has the right not to accept the introduced amendments.
  2. In the event of non-acceptance of the amendments, the User may delete their Account within 14 days from the date of notification of the amendments via the Website or by e-mail to biuro@atsep.app
  3. A User who deletes their Account in connection with non-acceptance of the amendments shall be entitled to a proportional refund of the fee for the unused period.
  4. Failure to delete the Account within 14 days of notification of the amendments constitutes acceptance of the new version of the Terms of Service.

12. FINAL PROVISIONS

12.1. Dispute Resolution

  1. All disputes arising between the Service Provider and Users shall be resolved in the first instance through negotiation, with the intention of reaching an amicable settlement.
  2. If amicable resolution of the dispute is not possible or is unsatisfactory to either party, disputes shall be resolved in accordance with point 3.
  3. Any disputes arising between the Service Provider and the User shall be submitted for resolution to the court having jurisdiction over the Service Provider’s registered seat (the District Court or Regional Court having jurisdiction for the city of Płock), unless mandatory provisions of law provide otherwise.
  4. Agreements concluded on the basis of these Terms of Service shall be governed by Polish law.

12.2. Invalidity of Provisions

If any provision of the Terms of Service is found to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions. The invalid provision shall be replaced by the provision closest in content and purpose that is legally effective.

12.3. Language Version

These Terms of Service are drawn up in Polish. In the event of a translation into other languages, in case of discrepancies the Polish version shall prevail.

12.4. Contact

For matters relating to the Terms of Service or the services provided, please contact us:

E-mail: biuro@atsep.app

Address: Kedar Radosław Pesta, ul. Klonowa 18, 09-414 Brudzeń Duży

12.5. Entry into Force

These Terms of Service enter into force on 01.01.2026 and are available free of charge at www.atsep.app in a form that allows them to be downloaded, saved, and printed.

Date of last update: 01.01.2026

Kedar Radosław Pesta Service Provider