Terms of Service
The regulations define the rules concerning the use of a service under the name of „Muvola” provided by Muvola Sp. z o. o. (Limited liability company) Limited Partnership with its registered office at Świętokrzyska 30/63, 00-116 Warszawa, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Department of the National Court Register under No. KRS 0000518362, having the Tax Identification Number (NIP) 525-25-94-214, statistical number (REGON) 147383122, being the creator of the Mobile Application and the Platform, as well as the Service Operator.
- Mobile application – software available for mobile/end devices of the User, owing to which they can access the Muvola service. An application for a mobile phone or tablet can be downloaded through the online store hosting applications or directly from www.muvola.net. To ensure proper operation, it is necessary to install the Android operating system version 2.3 or later on the device.
- Service – providing the User with storage space in cloud computing to be used in order to store, synchronise and share Data [‘Backup Service’] or sharing the location data concerning mobile devices registered by the User in the application [‘Location Service’].
- Portal – an internet service available at www.muvola.net, through which the User registers in order to obtain access to the Service and manages the User account.
- User – a natural person who has completed 18 years of age [legal age], who has registered on the Portal and/or installed the Mobile Application on their mobile device.
- Operator – Muvola Sp. z o. o. [Ltd.] Limited partnership.
- Device – mobile telecommunication or digital end devices having an active access to the Internet.
- Data – files and information stored by the User through the Service in the storage space provided by the Operator.
- Account – an account created by the User on the Portal, enabling the collection and management of the User data. The User logs into their account with the use of their Login and Password. Maintaining such an active Account is indispensable to use the Service.
- Login – an identifier in the form of a phone number or email of the User, provided at the time of registration, enabling correct logging into the Account. After the registration, the User may change the Login via the Account on the Portal.
- Password – a string of characters authenticating the logging into the Account. The Password is sent by the Operator to the telephone number or email provided by the User at the moment of the Service registration. The User using the Service within the telephone number that is not registered at a mobile operator having its registered office within the area of the Republic of Poland shall receive the password to their email only.
- MSISDN – a unique Subscriber telephone number used for identification.
- Location service – the possibility to determine the approximate location of the mobile device as part of the Service provided by the Operator. This service enables location only with the consent of the device user.
- Service Activation
- In order to start using the Service, the User must install the Mobile Application on the Device and activate the Service in accordance with the contents of these Terms and in accordance with the guidance provided during installation.
- In order to activate the Service, the User must register their Account on the Portal via www.muvola.net, using the Login and Password set within the Service in the registration process.
- As part of the Account activation, the User must provide the following information:
c) telephone number [MSISDN] related to the registration to the Service.
- The login and password determined by the User are used for logging in to the Account on the Portal.
- After the account activation, the user is provided with the access to the Service. Within the access to the Service, the user can manage the set of data collected within the Service. Collection of data from Devices is a paid service and requires a subscription fee.
- Using the Service is permissible after obtaining the consent of the Device user for the installation and use of the Mobile Application and having read the contents and accepted the Terms of Service. In the case when the Mobile Application is installed in the Device whose user is not the Service User at the same time, the User is obliged to obtain the consent of the Device user to install the Mobile Application and shall bear full responsibility to the Device User in the case of any violation of any provisions to these Terms of Service or other legislation.
- The installation of the Mobile Application and creation of an account on the Platform, as well as using the Service constitutes the acceptance of these Terms of Service by the User.
- The User undertakes to use the Application in accordance with the provisions of the Polish law, the social and moral norms, the provisions of these Terms of Service and the rules of ethics.
- The User acknowledges that any activity resulting in or aiming at the violation of the terms of using the Services specified herein, shall constitute a breach of the law and the provisions of these Terms of Service.
- Service Deactivation
- The Service Deactivation occurs when the Account is deleted by the User via the Portal in accordance with the instructions provided in the Portal, available after logging into the User Account and uninstalling the Mobile Application from the Device.
- All the data included in the Service shall be deleted with the removal of the Account.
- The total or temporary deactivation of the Service may occur in the case of:
a) a violation or suspected violation of the Terms of Service or third-party rights, rules of social conduct and good morals;
b) the lack of acceptance of the changes to the Terms of Service by the User.
- In the case of the User’s publication of any content that infringes upon the rights of the third parties, contrary to the law in force, good morals or principles of social conduct, the Operator shall not be responsible for blocking the access to such data.
- In the event of the total deactivation of the Service, all the Data collected within the Service shall be deleted, unless their deletion will not result in the violation of the generally applicable laws.
- In the case referred to in item 3.5., the Operator shall be obliged to immediately inform the User about the lockout of the access to the Account. The notification shall be sent to the email address or telephone number of the User assigned to the user Account in the Service, current as of the date of notification.
- The User shall have the access to the Account at a place and time chosen individually, for a period of Service activity, as specified in these Terms of Service.
- The User must maintain an active Account to have the access to the Service.
- Creating an account in the computer system of the Platform is necessary for the User to have the access to the collected data using the Platform. Collection of the data from the device is done via the Mobile Application and is a paid service.
- Technical requirement for using the Service:
- the data reading device is:
a) a data communication device (PC, laptop, mobile device of mobile phone type, tablet, etc.) with the access to the Internet, equipped with the Mozilla Firefox browser version 27 and later, Google Chrome version 32 and later, Microsoft Internet Explorer version 9 and later, Opera version 19 and later. The Operator has made every effort to ensure that the Platform is available in other browsers, however, they shall not guarantee the correctness of operation to their Users. It is suggested i.a. for the safety reasons to update the browser to the latest version;
b) the installed software (e.g. Microsoft Excel or Open Office) correctly reading the Microsoft Excel document format.
- the device generating and transmitting data to the Platform is:
a) a mobile device (mobile phone, tablet) with the Android operating system;
b) equipped with an active SIM card;
c) having access to the Internet via the mobile operator and/or a Wi-Fi network.
- the data reading device is:
- The service allows for the installation of the Mobile Application in two versions available for each User:
a) Spy version – the Service is provided in its full scope and requires the installation of the Mobile Application but the Mobile Application icon is not visible in the list of applications installed on the Device, which prevents the User from the access to some functions available via the Mobile Application and the Device;
b) Backup version – the Service is provided in its full scope and the User has the access to all the available functions via the Mobile Application installed on the Device at all times.
- Privacy and Data Security
- It is not required in the registration process to provide any personal information.
- During the registration process, the User may in some cases be asked to enter their phone number (MSISDN) on which the Mobile Application is installed. The device supporting the indicated phone number shall be automatically added to the User Account, which will allow for the collection of data from this Device within the Service.
- At any time, after logging in to the Account, the User shall have the option to remove the Data collected so far separately for each device assigned to the Account. The option to remove data is available to the User also in the case when the Service is suspended.
- The User may at any time modify the scope of the collected Data by logging in to the Account via the Platform or through the Mobile Application installed on the Device.
- The User may disconnect a Device from which the data was collected, logically assigned to the account at any time. Then all the Data collected so far from this Device shall be deleted automatically. There is no possibility to recover the Data deleted from the Service by the User or by the Operator.
- The Data sent between the Mobile Application and the Platform are encrypted. The transfer takes place via a secured SSL connection, with a key with the power of 256 bits. The Data sent between the Platform and the User device on which the User reads the Data via the website of the Platform of the Mobile Application providing the Data are also encrypted.
- The Data stored and processed by the Platform are physically stored on servers located within the area of the European Union, in Poland.
- Depending on the User settlings, all or a part of the following data are collected: the IMEI number of the telephone, the IMSI number of the SIM card, the MSISDN number, the name of the manufacturer and the telephone model, information about the installed Muvola Mobile Application (application type and version number), text message (sender, recipient, date of sending/receipt, text message content), information about voice calls (the person making such a call, recipient, connection time, duration), geographic location of the telephone, photos and graphics stored on the Device.
- The User is prohibited in particular from:
a) actions aimed at breaking the password or login of other Users, or attempts to gain unauthorised access to the Data of the other Users, as well as the Data from the Devices whose users did not agree to use the Service;
b) undertaking any attempts to modify, decompile or break the source code of the Programme or any parts thereof;
c) intentionally or unintentionally introducing viruses, bugs, internet programmes, and other codes to the Service in order to cause a failure, deletion or damage to the Service or the Data;
d) using the Service in order to gain access to the information to which the User is not entitled.
- Conditions and Responsibility
- Muvola Sp. z o. o. [Ltd.] Limited partnership, hereinafter referred to as the Operator, shall take no responsibility, especially criminal, civil, or administrative responsibility for: (i) the use of the Service in a manner inconsistent with the law and the Terms of Service, (ii) collection and storage of data without the consent of the owner and/or the person using the mobile device, (iii) selection of the scope of Data collected on the Platform, its use by the User or its suitability for a particular purpose, (iv) decisions or actions taken by the User on the basis of the data collected on the Platform, (v) inappropriate operation of the Mobile Application mechanisms, not caused by the Operator, (vi) costs resulting from the use of the Mobile Application, especially data transmission costs.
- In addition, the Operator shall not be responsible for the unavailability or impossibility to use the Service, resulting from the failure to achieve the technical parameters required to use the Service by the phone or other mobile device applied by the User.
- The Operator shall not be responsible for any losses incurred by the User, caused by the dangers on the Internet, and especially intrusions into the User account, capturing the passwords by third parties, or infection of the User system with viruses.
- The Operator shall not be responsible for personal injury, property damage, loss of privacy, and negligence in cases arising from the use of the Service by the User.
- The Operator shall make every effort, but cannot guarantee full availability of the Platform within a year, or a complete collection of Data from the devices assigned to the User Account.
- The Operator reserves the right to conduct maintenance, repair, modification, and development of the Mobile Application and Platform. Where possible, the Operator shall perform such works at night. Users shall be informed about any planned interruptions in the availability of the Platform in advance by means of messages presented within the Platform.
- The user undertakes not to reproduce, copy, duplicate, resell, rent or sell the Service (or any part thereof) for any purpose.
- Muvola Sp. z o. o. [Ltd.] Limited partnership shall be entitled to the proprietary copyrights to all the graphics of the Mobile Application and the Portal, including the logo, as well as the layout and composition of these elements, and all the materials published on the Portal. Downloading, use, redistribution, reprinting, sharing in any form (including electronic form), processing in whole or in part, except for reading the information by the User for their personal use, shall require the written consent of Muvola Sp. z o. o. [Ltd.] Limited partnership.
- It is forbidden to the Users to use graphics and their layout and composition, as well as markings being the subject of the rights to which Muvola Sp. z o. o. [Ltd.] Limited partnership is entitled, with the exception of banners promoting the Mobile Application, as well as the situations clearly indicated in the Terms of Service or with the consent of the Service Provider.
- User Obligations
- When using the Service, the User shall be obliged to update their data, especially the contact information, including primarily their phone number. In the case of a failure to update these data, the Operator shall not be responsible for sending notifications concerning the use of the Service to outdated contact details of the User.
- The User undertakes not to disclose the Login and the Password to third parties.
- In the case of a disclosure of the Login and the Password to third parties by the User, they shall take full and sole responsibility for the unauthorised access of such parties to the Account and the collected Data.
- The User shall be solely responsible for providing the access to the Data stored on the account to third parties.
- Personal Data Protection
- The Data of the Users, collected in the process of registering the Account, shall be their sole property, and shall not be shared or transmitted in any form to entities other than the Operator.
- The Operator shall have the right to present a statistical Data summary globally for the Platform.
- Data is collected and processed by Muvola Sp. z o. o. [Ltd.] Limited partnership as the administrator of the personal data in order to provide the Service by Muvola Sp. z o. o. [Ltd.] Limited partnership.
- The processing of the collected data is performed in accordance with the Act of 29 August 1997 on the protection of personal data and the Act of 18 July 2002 on the provision of electronic services.
- Muvola Sp. z o. o. [Ltd.] Limited partnership ensures the execution of the rights resulting from the Act on personal data protection to the Users, including the right of access to the content of their own personal data and to correct it, as well as the right to control the processing of their own personal data in accordance with the principles described in the aforementioned act.
- Confidential information concerning the Users, as well as the personal data of the Users are protected by Muvola Sp. z o. o. [Ltd.] Limited partnership against their disclosure to unauthorised persons, as well as other cases of disclosure or loss and against the destruction of the indicated data and information through the application of appropriate organisational protections, as well as protection of technical and programming nature.
- Location Service
- As part of the Service, it is possible to locate Devices assigned to the Account. Within the location service, the User may obtain information about the approximate location of the Device.
- Determining the location is available only for the devices assigned to the Account within the Service, and on which the Mobile Application is installed.
- The Operator informs that within the location service, they use the available methods of locating devices, such as: the GPS signal, Wi-Fi, and mobile network. In accordance with the above, they shall not be responsible for the data sent by these systems, including first and foremost their authenticity.
- The Operator shall not be responsible for the impossibility to perform the device location caused e.g. by the technical state of the mobile device, weather conditions, environmental conditions, etc.
- For the use of the Service, the Operator shall collect payments in accordance with the Price List published on the Service website (www.muvola.net). The Price List may be subject to changes at any time. The new Price List shall be applicable from the date of its publication on the Portal. The Users shall be informed about the changes to the Price List each time via their Account.
- The payment (the amount of subscription for each day) shall be settled for the number of devices assigned to the account, and the amount of subscription depends on the type of the Mobile Application installed on the device. If the device has an installed application with a lower subscription fee, and an application with a higher subscription fee is installed on a given day on this device, this day shall be settled for this device in accordance with the higher subscription fee.
- If there is no Device assigned to the Account – then no payment is charged for a given day, the account balance does not change, and the account balance remains unchanged, and the account expiration date is extended by one calendar day.
- The settlement on a given day shall take place in the period between 00:00 A.M. – 1:00 A.M. the next day. Then the account balance is reduced by the amount of subscription payments incurred on the previous day for each Device registered in the Service. The subscription payment is collected in accordance with the rate specified in the Price List applicable at the date of the Service provision.
- If the Account has the remaining balance lower than the amount of subscription for one day (with the number of devices currently assigned to the account), but larger than zero, the remaining amount shall be settled for one full day, and the account balance shall be zero after the full day. At this point, the User loses the access to the collected data until the Account balance is increased.
- The account balance is presented as the number of the remaining days of the account validity – calculated on the basis of the account balance amount, the number of devices assigned to the account, and the types of applications installed on them.
- When the account Balance is negative or equal to zero, the Service shall be suspended. In such a case, no new Data is collected from the Devices and stored within the Service until the moment of recharging the Account, and the service itself is subject to suspension. During the suspension, the Service user, having logged into the account, may modify the access data of the account, extend the account validity, remove the collected data – all or any selected type, which will be collected within the Service after recharging the Account.
- The account validity shall expire if after the suspension of the Service the User fails to make a payment within 6 months from the date of the Account suspension.
- After 30 days from the date of expiry of the account, the Operator shall inform the user via a text message (SMS) or email about the possibility to delete the Account. The User shall be responsible for the current contact information entered into the System. The Operator shall be obliged to send a text message (SMS) or email to the telephone number or address of the User available in the System on the date of generating this message. After a further 14 days from the moment the message about the possibility of deleting the Account is sent, the Operator shall have the right to delete the Account along with all the collected Data assigned to them on the Platform, unless the User makes a payment for the Service during this period.
- The dedicated Internet payments are operated by DialCom24 Sp. z o. o. [Ltd.] based via the internet platform Przelewy24 and in accordance with the rules and terms of this service available at www.muvola.net.
- The payment card operator is PayPro SA Agent Rozliczeniowy, Kanclerska 15, 60327 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Poznań Nowe Miasto and Wilda in Poznań, VIII Commercial Department of the National Court Register under No. KRS 0000347935, Tax Identification Number (NIP) 7792369887, statistical number (REGON) 301345068.
- The Operator of the SMS payments is Teleaudio Dwa Limited liability company Limited joint-stock partnership, Al. Jerozolimskie 81, 02-001 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Commercial Department of the National Court Register under No. KRS 0000402506, Tax Identification Number (NIP) 525-10-65-169, statistical number (REGON) 011840310.
- All payments within the Service are settled only in the non-cash form.
- Any complaints concerning the failure to provide the Service or an improper performance of the Service by the Operator should be sent to the following address: email@example.com and should include the User data (user name in the system, device related to the problem), date of occurrence and description of the situation being the basis of the complaint, as well as contact details.
- The Operator shall respond to the complaint within 14 days from its receipt or in the case when the submitted complaint is incomplete or does not include the information necessary for it to be considered, they shall ask the User for additional information concerning the submitted complaint and shall consider the complaint within 14 days from the date of receipt of such information.
- In the case of the Operator’s positive decision the submitted complaint, depending on the User’s choice, the following compensation measures are available:
a) free extension of the User account validity;
b) return of the remaining paid up balance to the bank account indicated by the User;
c) in the case of the total loss of the possibility of service use due to the fault of the Platform Operator, the User’s withdrawal from the contract and the return of the total-paid in amount to the bank account indicated by the User.
- Changes to the Terms of Service
- The Operator shall have the right to change these Terms of Service.
- The current text of the Terms of Service shall be published by the Operator on the Portal.
- The User shall be informed about the changes in the Terms of Service during the first correct attempt to log in the service via www.muvola.net. Upon the acceptance of the new version of the Terms of Service, the User will be able to continue using the Service. In the case of the lack of acceptance – the access to the platform shall not be possible until the moment of acceptance of the Terms of Service current at the moment of logging in.
- Final Provisions
- Any remarks, comments, and questions connected with the Service should be addressed to: firstname.lastname@example.org
- Any information concerning violations by the Users of the provisions of these Regulations should be addressed to: email@example.com
- The terms of service are subject to the Polish law.
- The Terms of Service were prepared in two language versions. In the event of a dispute concerning the interpretation, the binding text is the one prepared in Polish.
- In the event that any of the provisions of these Terms of Service is declared invalid or ineffective, the remaining provisions of the Terms of Service shall remain in effect, and such an invalid or ineffective provision shall be replaced by the corresponding provision of the civil law, a valid and effective provision with a possibly similar content.
- In cases not regulated in the Terms of Service, the following provisions shall be applicable: the Act on the provision of electronic services, Act on personal data protection, the Civil Code, the Act on copyright and related rights, as well as other relevant legislation.
- It is forbidden to use the Service in countries where the mode of operation of the Service or any provision of these Terms of Service could violate the commonly applicable regulations on the country concerned.