Terms and conditions of use of the CoolSensCloud Web Portal
Effective from: 01.08.2024
§ 1 Introduction
These Regulations set out the rules for the operation and use of the CoolSensCloud Web Portal available at: https://cloud.coolsens.eu operated by Inventia Sp. z o.o. as a paid portal for users of CoolSens series telemetry devices. The provisions of the Terms of Use, Privacy Policy and any attachments and appendices, being integral parts thereof, together with the provisions of the law in force in the territory of the Republic of Poland and the European Union, exclusively determine the rights and obligations of the users of the portal, as well as the rights, obligations and responsibilities of entities having the authority to operate and administer the services provided via the CoolSensCloud Web Portal.
The CoolSensCloud web portal is intended for account holders who are entrepreneurs, for use for purposes directly related to their business or professional activities. Individuals can only use the portal after obtaining access from the account holder.
The use of the portal by the Account Holder and users is conditional on the Account Holder reading the Terms of Use, the Privacy Policy and accepting all the provisions contained therein, as well as the obligation to use the portal in accordance with them. Upon acceptance of the Rules and Regulations and the Privacy Policy, a legally binding agreement on the use of the portal is concluded between the Account Owner and the Portal Operator.
If you do not accept any of the provisions of the Terms and Conditions or the Privacy Policy, you should not activate your account or use the Portal.
§ 2 Definitions
Any capitalised words, the meaning of which is defined below, shall be understood as follows:
Account Administrator – a natural person who is a User, to whom the Account Holder has entrusted the function of managing the Account on the Portal; the function of the Account Administrator is automatically given to the User creating the Account.
Portal – the website available at https://cloud.coolsens.eu and the CoolSens app available on the Play Store, consisting of a number of elements inherent to online platforms and a complex of electronically provided services;
Screens – dashboards built into the Portal, accessible after logging in, allowing the presentation of information and measurement data collected in the Portal;
Password – a sequence of at least 8 characters chosen by the User in the required format, the provision of which is necessary in order to log into the Account as the chosen User. The User is obliged to take care of the security of the Password and not to make it available to third parties, including other Users;
User ID – the name and e-mail entered by the User;
Activation code – an alphanumeric string of characters entered by the Account Holder or User during the Device registration procedure and Account creation;
Account – an area on the Portal created by the Account Holder or by order of the Account Holder by the Operator of the Portal or the Portal Partner, through which the Account Holder or persons authorised by the Account Holder may manage the Devices owned and using the functionality of the Portal and the access rights to the data sent by them;
Account Name – the unique name of the Account on the Portal chosen by the Account Holder;
Portal Operator – the entity that manages and operates the Portal;
User Panel – an element of the Portal which, depending on the rights granted to the User: observing animated Screens, managing one’s own User Profile and, in the case of having the rights of an Account Administrator, managing the Profiles of other Users assigned to the Account and the configuration of the Devices;
Portal Partner – an external entity cooperating with the Portal Operator, providing services to the Portal, in particular the first line of support for its Customers who are Users or Account Holders;
Privacy Policy – a document informing how the personal data of persons using the Portal is processed, available at https://coolsens.eu/polityka-prywatnosci-dla-strony-internetowej-coolsens-eu/;
Notifications – an application which is part of the Portal, enabling the sending of messages to e-mail addresses entered and configured by the Account Administrator, to which emergency notifications are sent, about exceeding the thresholds set by the User – emergency notifications, according to the configuration set by the Account Administrator, and information notifications about changes in the functioning of the Portal;
User Profile – a set of information, data and other elements presenting and describing the User’s person, submitted to the Portal voluntarily by the User or the Account Administrator;
Account Profile – a set of information, data and other elements presenting and describing the Account Owner, submitted to the Portal voluntarily by the Account Administrator;
Regulations – this document together with any annexes and addenda relating to it;
Connection Session – is the period during which the User has an active connection to the Portal after authentication. During the Connection Session, the User has access to resources and functions of the Portal. A Connection Session ends when the User logs out or when a specified period of inactivity has elapsed. Connection Sessions are crucial for security, ensuring that access to the Portal is controlled and limited to authorised Users.
Device – a Portal-compatible product, a source of measurement data. A list of compatible devices can be found in Appendix 1;
User – the natural person authorised by the Account Administrator to individually access the Account and the data received from the Devices;
Account Holder – a legal person, or a natural person carrying out a business directly related to their economic activity and of a professional nature for them, who has at their disposal the Equipment authorising them to use the Portal. The representative of the Account Holder is at the same time the Account Holder’s User;
Support links on the Portal where the User can find out at any time how to carry out certain actions in order to achieve the desired objectives.
§ 3 Basic information and technical conditions of use of the Portal
The Operator of the Portal is Inventia Sp. z o.o. with the registered office in Warsaw (02-822), ul. Poleczki 23, entered in the register of entrepreneurs kept by the District Court for the capital city of Warsaw in Warsaw, XX Economic Division of the National Court Register under the KRS number 0000023113, NIP 9512017534, REGON 01731139100000, with the share capital of PLN 50,000.00, entered in the Register of Telecommunications Entrepreneurs under the number 6876.
The primary operational purpose of the Portal is to make data from the Devices available to the Users. In addition, through the Portal, other services related to the subject matter of the Portal are provided or may be provided in the future, for a fee and free of charge, to the Users.
In order to access the data provided by the Portal, it is necessary to have the Devices or access rights obtained from the owner of such Devices and a computer or other mobile device with Internet access.
In order to manage an Account on the Portal, it is necessary to have the appropriate authorisations granted by the Account Holder and to have access to the Internet with devices that allow the activation of an Internet resource browser, enabling the display of web pages (it is recommended to use the following web browsers in currently available versions, with cookies enabled: Google Chrome, Mozilla FireFox, Microsoft Edge). It is also required to have access to an email inbox for registration, activation of the Account, and subsequent handling of notifications and alerts.
The use of the basic functionality of the Portal is voluntary.
Ordering the provision of the service by the Portal Partner involves consenting to the transfer of data to the Portal Operator, in accordance with § 3(2) of the Personal Data Processing Entrustment Agreement, which is attached as Appendix 2 to the Regulations.
Additional services offered by the Portal may only be provided at the express request of an authorised user, if required upon payment of an appropriate fee, in accordance with a separate offer by the Portal Operator or through an authorised Portal Partner.
The Database of Account Profiles and User Profiles is subject to legal protection, and the Administrator of the personal data is the Operator of the Portal. Each Account Profile and User Profile is created, modified and possibly deleted directly by authorised Portal Users.
§ 4 Purpose of the Portal
The primary purpose of the Portal is to share data sent from the Devices. Data from the Devices assigned to the Account is only made available to Users authorised by the Account Administrator.
Data from the Devices is made available on the Portal from the moment it is sent by the Device for a period of time depending on the selected data storage tariff, after which it is deleted irretrievably.
Data from the Devices is made available on the Portal from the moment it is sent by the Device for the duration of the subscription period for access to the Portal, after which it is deleted irretrievably.
At the instruction of the authorised Account User, data from the Devices may be made available on a continuous or incidental basis to the Portal Partner in order to use the information contained therein to provide paid or free services to the Account Owner in connection with the purpose of the Portal.
§ 5 Using the Portal
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The Portal can be used by the Account Holder, who, after accepting the provisions of these Rules and Regulations, completes the registration procedure on the Portal, which ends with the successful creation of an Account or a natural person authorised to access the Portal by the Owner of an Account set up in this way, i.e. the User or Account Administrator. Through the registration procedure completed with the effective establishment of an Account, the Account Holder concludes an Agreement with the Operator of the Portal for the use of the Portal in accordance with these Rules.
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In order to correctly use the Portal, set up an Account and download data from the Devices, Internet access is required. The quality of the services provided by the Portal is largely dependent on the speed of the Internet connection. It is recommended to use connections with a speed of more than 100 Mbps.
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The procedure for registering an Account and assigning and activating Devices to it is performed via the User Panel independently by the Account Holder or a person authorised by the Account Holder.
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The possibilities available to the User from the User Panel depend on the level of authorisation granted to the User by the Account Administrator, whereby only the Account Administrator level entitles the User to carry out all operations provided for in the Account without restriction.
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The registration of an Account requires the provision of an Account Name, a User Name and an email address as the only code to identify the Account Owner, the Users authorised to access it or the Devices assigned to the Account.
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The person registering the Account automatically becomes the Account Administrator.
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Each Account on the Portal has a unique name, which means that it is not possible to create an Account under the same name more than once.
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Each newly activated Device must be assigned to a specific Account. It is not possible to assign a Device to more than one Account, which means that data from the Device is only available to Users with rights to access the Account to which the Device has been assigned. This restriction is intended to prevent access to data from Devices by unauthorised persons by the Account Owner, who in this case retains full control over access to the Account and associated data from Devices.
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Full responsibility for unauthorised access to the Account lies with the Account Holder.
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By completing the registration procedure for the creation of an Account on the Portal, the Account Holder warrants and declares that:
10.1. he/she has read and accepted without exception the content of the Terms and Conditions, the Privacy Policy and the Cookies Policy;
10.2. agrees to read, record, store, transmit or otherwise use content covered by telecommunications secrecy, if this is the subject of use of the Portal, in accordance with the provisions of the Electronic Communications Law;
10.3. all data, including personal data and data allowing the Account Holder or Users to be identified, as well as other information making up the Account Profile and the User Profile, shall be provided to the Portal voluntarily, and shall entrust the Portal Operator with the processing of personal data necessary for the provision of services related to the purpose of using the Portal according to the principles indicated in the Personal Data Processing Entrustment Agreement, which constitutes Appendix No. 2 to the Rules;
10.4.by providing his/her e-mail address, he/she agrees to receive e-mails to this address containing the procedure for completing the registration, resetting the Password, accessing the Account and other actions related to the management of the Account.
10.5. by selecting the option “Yes” for the parameters “Email notifications” in the User’s Profile, he/she accepts to receive commercial information from the Portal Operator and its business partners to the provided email address.
10.6. undertakes not to remove the SIM card from the Device and not to transfer it to any other device, as such action may lead to malfunction of the system and will void the warranty.
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The information provided by the User to the Portal during the registration or editing procedure of the Account or User Profile is not moderated by the Operator of the Portal, which means that the entire responsibility for the correctness of the data provided there rests with the persons performing the registration or editing.
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Any User with the rights of an Account Administrator may remove the Account from the Portal at any time. With the deletion of the Account from the Portal, the Account Profile, User Profiles, Device Profiles, Screens and all other elements activated or created in the Account, including stored measurement data, will be permanently and irrevocably deleted.
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The Portal Operator will remove the Account from the Portal without delay (no later than 5 working days after receipt of the request) on the instructions of the Account Holder.
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The deletion of the Account means the termination of the provision of the service of access to data from the Account Holder’s Devices and all or some of the chargeable services of the Portal subscribed to by the User, if for their provision it is necessary for technological or system reasons to have an Account on the Portal. Deletion of the Account means termination of the Agreement for the use of the Portal.
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A device removed by any means from one Account may be registered on another Account using the same Activation Code.
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The Portal Operator shall have the right to block the Account and thereby prevent access to the Account or to delete the Account and the associated data at any time in the event that the Account Holder or its Users violate the Rules of Procedure, the Privacy Policy, exceed the applicable payment deadline by 7 days or other rules arising from generally applicable law.
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The Portal Operator sets the maximum number of Connection Sessions for an Account at 10. If the number of active Connection Sessions exceeds this value, the following consequences may occur:
17.1. blocking of additional Call Sessions – new call attempts may be rejected until the number of active sessions falls below a set limit.
17.2 error notification – Users may receive an error message indicating that the Call Session limit has been exceeded.
Such a restriction has been introduced to ensure system stability and protect the Portal’s resources.
§ 6 Fees
- The services provided on the Portal are chargeable. All fees are charged to the Account Holder or the Portal Partner.
- Receivables are calculated on an ongoing basis and presented for payment for subsequent billing periods. The billing period is the period corresponding to the length of the subscription purchased.
- The amount of fees, the rules for charging and billing as well as the rules for discounts and available payment methods are regulated in Appendix 3 to the Rules.
- The Portal Operator shall issue invoices in accordance with the data contained in the Account Profile.
- Actions that have the purpose or effect of avoiding payment in relation to the fees charged are not permitted.
§ 7 Complaints
- Disturbances in the functioning of the Portal are subject to complaint by the User by reporting dysfunctions:
- 1.1. to the Portal Operator at the e-mail address or telephone number given on the website https://coolsens.eu/kontakt/,
1.2. if using the Portal via a Portal Partner, by contacting the Portal Partner directly.
The same procedure can be used to lodge a complaint about possible disruptions to other services provided on the Portal, if nothing else is stipulated in the rules and regulations governing the provision of the service to which the complaint relates.
Complaints will be dealt with on an ongoing basis by the Portal support team within a maximum of 14 days of receipt. Complaints addressed to the Portal Operator and concerning the services provided through the Portal by the Portal Partner will be immediately forwarded to the relevant Portal Partner responsible for the consideration of the complaint. In this case, the deadline for the consideration of the complaint may be prolonged.
The Portal Operator reserves the right to intervene in the technical structure of the User’s Account in order to diagnose irregularities in the functioning of the Portal’s services, and may also make changes and in any other way affect the technical side of the Account in order to modify it (without detriment to the User) or to restore the proper functioning of the Account itself or the Portal.
8 Reservations, assurances and liability
- The Portal Operator shall ensure that it has made all reasonable organisational and technical efforts in good faith to ensure that the primary purpose of the Portal, which is to provide access to data from connected Devices, is carried out without any disruption.
- The Operator of the Portal is not responsible in any way, as permitted by applicable law, for the correctness of the data transmitted by the Devices and for the correctness of the information contained in the Account Profile, User Profiles, Device configuration and Screens.
- The Operator of the Portal is not responsible for possible errors in the configuration of the Devices by the Users, which result, for example, in the transmission of erroneous measurement data, an excessive number of notifications incorrectly configured by the User, or which prevent the Portal from receiving data correctly.
- The Operator of the Portal shall not be held liable for any errors in the configuration of Screens made by the User during their creation and any losses incurred by the User as a result thereof (e.g. incorrect control of an actuator, lack of alarm).
- The Portal Operator reserves the right to disable potentially unsafe Devices, Screens or the entire contents of the Account at any time without stating a reason and without first asking the consent of the Account Holder. At the same time, the Portal Operator is obliged to contact the Account Holder immediately after taking such action and discuss the situation.
- The Operator of the Portal will not make the data from the Account Holder’s Devices and information contained in the Account Profile, User Profile, Device configuration or on the Screens available to any other third parties in any other way than it results from the purpose of the Portal and the scope of given consents and declarations, without the legal basis ordering the Operator of the Portal to do so, and assures that every effort is made to ensure that the information is properly guarded, in particular in the manner provided for by the provisions of the Personal Data Protection Act and regulations issued on the basis of this Act.
- The Operator of the Portal will make every effort to ensure that the Portal and all services made available through it operate continuously without any disruptions, however, the Operator is not responsible for disruptions caused by force majeure or unauthorised interference by Users or third parties with the hardware or software structure of the Portal.
- The Portal operator reserves the right to temporarily shut down the Portal in whole or in part in order to improve it, add services or carry out maintenance, after having informed the Users no later than 24 hours before the planned activities.
- The Operator of the Portal is not responsible for the loss of data stored in the Portal’s computer systems due to equipment failure, Internet dysfunction or loss due to actions of third parties, while ensuring that it has sufficient technical infrastructure to minimise the risk of such loss.
- The Operator of the Portal reserves the right to anonymously publish the content of queries directed by the Users to the Portal’s support team, concerning the issues related to the functioning of the Portal (FAQ) and the advice provided, which the Operator of the Portal deems worth making public.
- The Operator of the Portal reserves the right to use all technical planes of the Portal to provide the Users with important information on the functioning of the Portal or the Devices cooperating with the Portal. Thus, the User agrees to the addition of information content to the data stream sent to the User from the Devices, which is then presented on the User’s computer or mobile devices.
- It is forbidden, without the consent of the Portal Operator expressed in writing, to copy, reproduce or otherwise use in whole or in fragments information, data or other content from the Portal, with the exception of cases of permitted use resulting from the Act on Copyright and Related Rights.
- The Operator of the Portal reserves the right to implement functional, identification and other solutions in all technical and organizational levels of the Portal, which will be appropriate to the subject or the technical conditions of the Portal, in connection with the possibility of occurrence of undesired behaviours or events, or those which threaten the rights or interests of the Users, the Operator of the Portal or the legitimate interests of other entities, due to the nature of the Internet medium (this refers to counteracting such features of the Internet as unpredictable directions or possibilities of development of technologies giving rise to threats, vastness, impossibility of verification with the real state, anonymity, etc.).).
- The Portal Operator reserves the right to assign, in part or in whole, any of its rights and obligations relating to the Portal. In the event of a planned assignment, the Portal Operator will inform the Account Holder at least 14 days in advance and ask the Account Holder’s consent to transfer to the new entity the data from the Account Holder’s Devices and the information contained in the Account Profile, User Profile or Device configuration or Screens. Failure to give consent or to object will result in the deletion of the Account and the termination of the cooperation, with the end of the subscription period.
- Any comments, queries, information regarding the Portal may be directed to the Portal Operator at the e-mail address: info@inventia.pl or by post to: Inventia Sp. z o.o., Poleczki Street 23, 02-822 Warsaw.
§ 9 Amendments to the Rules of Procedure
- The provisions of the Terms of Use may be amended by the Portal Operator without giving reasons, and the new content of the provisions will be published on the Portal on an ongoing basis in the form of a consolidated text of the Terms of Use together with information about the amendment. Acceptance of the new content of the Rules and Regulations by the Account Holder and the User takes place by clicking acceptance in the appropriate field in the Account User’s data.
- Changes to the Terms of Use may not result in a limitation of the previously guaranteed rights of the Account Holder and the User or of the available functionalities of the Portal, unless such changes are the result of changes to the applicable legislation which are beyond the Portal Operator’s control, or are aimed at ensuring the security of data from the Devices or information contained in the Account Profile, User Profiles or Device configuration.
- If the User does not accept the changes to the Terms of Use, he/she will lose the possibility to access the Portal and the Device data. In order to determine the further course of action, he/she should immediately notify the Portal Operator or the Portal Partner of his/her decision.
- Annexes 1, 2, 3 form an integral part of the Rules of Procedure.
Annex 1
CoolSens-compatible telemetry devices:
| No. | Telemetric device | Trade name |
| 1. | IS-LB01 | CoolSens CloudHub |
| 2. | IS-B01 | CoolSens Node |
Annex 2
§ 1
- By concluding the Agreement for the use of the Portal, the Account Holder declares that it is the controller of the personal data originating from the persons who are Portal Users, processed in order to provide the services offered by the Portal, hereinafter collectively referred to as the “Data”.
- The Account Holder declares that it processes the Data in accordance with the generally applicable legal regulations and, in particular, that it has collected the Data in accordance with the generally applicable legal regulations and, to the extent required by law, has obtained the legally required consents for the processing of personal data from each person to whom the Data pertains, as well as for making the Data available to the Operator of the Portal.
§ 2
- Pursuant to the Agreement, the Account Holder entrusts the Portal Operator with the processing of Data, within the meaning of Article 28 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (“RODO”).
- The Operator of the Portal will process the Data only for the proper provision of the services offered by the Portal, to the extent necessary.
- The Account Holder and the Operator of the Portal agree that the Data entrusted to the Operator of the Portal for processing will only be processed for the proper provision of the services offered by the Portal.
- The data entrusted to the Portal Operator for processing include the following personal data:
4.1. the Portal User’s Internet ID;
4.2. data made available from Devices linked to the Account;
4.3. the e-mail address of the Account Holder and Users;
4.4. all data allowing the Account Holder or Users to be identified, as well as other information making up the Account and User Profile, provided to the Portal by the Account Holder or authorised Users.
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The Account Holder and the Website Operator agree that the Data entrusted to the Website Operator may only be processed for the duration of the Website Use Agreement, starting from the date of conclusion of this agreement, but no longer than until the date of termination or expiry of the Website Use Agreement. Upon termination of the Agreement for the use of the Portal, the Portal Operator is obliged to immediately permanently delete the Data and to remove any copies of the Data.
The Operator of the Portal declares that the Data will be processed in the territory of the countries that form part of the European Union.
§ 3
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The Portal Operator declares that it has appropriate measures in place to ensure an adequate level of protection for the Data.
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The Portal Operator may not entrust Data processing activities to other entities without the prior written consent of the Account Holder, with the exception of Portal Partners, to whom the transfer of Data is implicitly carried out through the use of a service offered on the Portal by Portal Partners.
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The Operator of the Portal declares that it applies, to the extent provided for in Article 32 of the RODO, organisational and technical measures that guarantee an adequate level of protection of personal data against unwanted disclosure, destruction or modification.
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The Portal Operator shall keep a register of the categories of Data processing activities performed on behalf of the Account Holder, containing the information indicated in Article 30 RODO and in accordance with the principles set out therein. The Portal Operator undertakes to make the register available at the request of the Chief Inspectorate for Personal Data Protection.
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The Portal Operator will keep a record of the persons employed by the Portal Operator to process the Data. These persons will be required by the Portal Operator to maintain confidentiality and protect the Data from unwanted disclosure.
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The Portal Operator shall notify the Account Holder of any control initiated by a supervisory authority that is at least indirectly related to the processing of the Data and of any request by a supervisory authority to provide explanations to the above extent. This obligation also exists after the expiry or termination of the Agreement for the use of the Portal.
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The Portal Operator undertakes to co-operate with the Account Holder in the course of the proceedings against the Account Holder concerning the correctness of the Data processing.
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If a situation arises that constitutes a breach of Data security, the Portal Operator – upon discovering such a breach – is obliged to inform the Account Holder immediately, but no later than within 48 hours, with all relevant information concerning the breach.
§ 4
The Account Holder shall be responsible for compliance with the legal provisions on the processing and protection of personal data, including in particular compliance with the provisions of the RODO, which shall not exclude or limit in any way the responsibility of the Portal Operator for the processing of the Data in accordance with the legal provisions, as well as the responsibility of the Portal Operator for non-performance or improper performance of the Agreement.
§ 5
During the term of the Agreement, as well as in the period after its termination or expiration, the Operator of the Website is obliged to maintain the confidentiality of the Data entrusted to him for processing under the Agreement, including non-disclosure to third parties. The provisions of this paragraph shall not apply if the disclosure of such data will be required by law or on the basis of a ruling or decision of a relevant authority or court.
Annex 3
Rules for charging
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This appendix sets out the rules for charging for the use of the Equipment on the Portal. The Account Holder is obliged to comply with the provisions of this appendix. The current prices are contained in the price list of services.
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The billing period is the subscription period for which access to the Portal was purchased.
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The purchase of the Device together with the Portal access service and the addition of the Device to the Account can take place on any day of the month.
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The Portal access fee is charged separately for each Device.
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The fee is charged:
5.1. for an annual subscription – in accordance with the CoolSens online shop Regulations;
5.2. for a monthly subscription (the subscription period is a calendar month) – according to the applicable price list, whereby:
5.2.1. the full fee will also be charged for a Device removed from the Account during the billing period for the calendar month in question;
5.2.2. devices added to the Account between the 16th day of the billing period and the end of the billing period will not be included in the billing for that calendar month.
5.3. At the end of the billing period, the Portal Operator shall issue a VAT invoice to the Account Holder or the Portal Partner with a 7-day payment term, containing the sum of the fees for the use of the Equipment on the Portal.
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The Account Holder is obliged to pay a fee, in accordance with the coolsense online shop regulations in the form of a subscription, for access to the Portal on the basis of a VAT invoice with a 7-day payment term inserted by the Portal Operator in accordance with the applicable price list.
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6.1. the charge for access to the Portal for a Device purchased during the subscription period for the Account Holder shall be offset against their billing period by reducing the annual subscription for access to the Account for that Device rounded up to the nearest whole month in the Customer’s favour.
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Charges on the VAT invoice will be increased by the rate of value added tax in accordance with applicable legislation.
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In the event of late payment, statutory interest for late payment in commercial transactions will be charged.
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In the event of price discrepancies, the provisions of the individual agreement concluded with the Portal Partner take precedence over the provisions of this appendix.
Inventia, August 2024
