Terms of service - Mission: Cybersecurity

Regulations

Provision of electronic services (within the meaning of the Act of 18 July 2002 on the provision of electronic services)

§1 Pojęcia

The terms used in these Regulations shall have the following meanings: 1) Seller - Mission Cybersecurity z ograniczoną odpowiedzialnością with its registered office in Kraków, ul. Zamknięta 10/1.5, registered in the Register of Entrepreneurs maintained by the XI Commercial Division of the National Court Register at the District Court for Kraków-Śródmieście in Kraków, under the KRS number 0001163209, NIP 6793326448, providing Services through the Website. 2) User - a service recipient, entrepreneur or consumer, a buyer, anyone who uses the Services provided through the Website by the Seller in an authorized manner. 3) Website - a system of internet applications consisting of a collection of static and dynamic documents containing files, including graphics, animations, and video files, scripts, and other elements of the collection connected by mutual relationships made available under the domain misjacyber.pl. 4) Service - the provision of a service without the simultaneous presence of the Parties by transmitting data at the individual request of the User, transmitted and received by means of devices for electronic processing and storage of data, which are entirely sent and received or transmitted via the Internet. 5) Confirmation of Execution - a notification sent by the Seller to the User's email address indicated by the User, about the acceptance of the offer and the execution of the order, containing confirmation of the content of the offer (agreement), including the price, details of the Service, and delivery details. 6) Delivery of Products - sale of goods or provision of services. 7) Email address - an electronic mail address. 8) Parties - the Seller and the User.

§2

General Provisions

The owner of the Service is the Seller.
The Regulations specify the types and conditions of providing Services through the Service by the Seller, as well as the rules for using the Service, the conditions for concluding and terminating agreements, and the procedure for complaint handling.
The Regulations are available on the Service in a form that allows for downloading, recording, saving, and printing.
The Seller reserves the right to change these Regulations for valid reasons. The reservation of the possibility of changing the Regulations does not release the Seller from the obligation to fulfill the obligations assumed in connection with the provisions in force until the Regulations are changed.
Any changes take effect on the day they are published on the Seller's website.
The use of the Service after the changes come into effect signifies acceptance of these changes. The user has the right to refuse to accept the changes by deleting the account, if it is technically possible, or by refraining from using the Service.
These Regulations are effective from January 10, 2020.

§3

Type and Scope of Activity

The Seller carries out activities consisting of Providing Services through the Service in the form of content transmitted and received using devices and programs that enable remote communication of content transmitted and received using the Internet, in particular the online game Mission: Cybersecurity and elements allowing for managing users within an organization using the Service.

§ 4

Placing an Order and Entering into a Contract

The information posted on the Service does not constitute an offer to conclude a contract regarding the Services offered on it, but an invitation to make an offer.
Acceptance of the invitation to conclude a contract takes place by placing an order, which should be sent by e-mail to the address: kontakt@misjacyberbezpieczenstwo.pl. The order should contain the selected scope of the service and the number of users who should be given access to the Service.
By placing a valid order, the user makes an offer to the Seller to conclude a contract. The offer binds the user for 14 days from the moment of receiving confirmation of receipt of the offer to the e-mail address provided by the user.
The confirmation referred to in point 3 does not constitute acceptance of the offer. Acceptance is made only by sending a Confirmation of Execution, which should be sent after agreeing on the necessary details required to provide the Service and signing additional agreements, if required. If the Seller does not send a Confirmation of Execution to the e-mail address provided by the user within 14 days from the receipt of the confirmation of receipt of the offer, the offer expires.
The moment of conclusion of the contract is the moment of receipt by the user of the Confirmation of Execution along with the invoice.
The contract is concluded at prices and on terms that were in force at the time the user made the offer, which was then accepted by the Seller.

§5

Order fulfillment

The order will be fulfilled within 14 days from the date of concluding the contract, unless otherwise agreed by the parties. The condition for fulfilling the order is for the ordering party to make payment for the service. Detailed rules for fulfilling orders for specific services are included in the description of each service.
If the order cannot be fulfilled within the deadline specified in these Regulations, the Seller shall immediately notify the User by phone or email. If the User does not accept the changed deadline for order fulfillment, everything that the parties have provided up to that point shall be returned in an unchanged condition, and neither party shall make any claims against the other for failure to fulfill the order.

§6 "Delivery" of the Service

The ordered Services will be delivered in the manner indicated in the Confirmation of Fulfillment referred to in §4. Delivery is made in a manner appropriate for the given Service.
The User gains access to the online game Mission: Cybersecurity through the Seller's website.
If the Service includes elements other than access to the online game Mission: Cybersecurity, these elements will be delivered in accordance with their nature within the timeframe agreed upon in the Confirmation of Fulfillment.

§7 Technical requirements

To use the Service, it is necessary to have:

a) an Internet connection,

b) a selected web browser: Microsoft Internet Explorer 11 or a newer version, Mozilla Firefox version 33 or newer, Opera version 12.xx or newer, Google Chrome 38 or newer, Apple Safari 5.1 or newer,

c) enabled support for Cookies and JavaScript.

If the User uses hardware or software that does not meet the technical requirements specified in paragraph 1, the Seller does not guarantee the correct functioning of the Service.

§8

Cookie Policy

The Seller places cookies on the User's end device and gains access to them. No other data is automatically collected by the Service.
Cookies are small computer data files that are saved and stored on the User's end device when visiting websites. These data usually include the name of the website from which they originated, the time of their existence, and a randomly generated, unique number used to identify the browser from which the connection to the website is made.
The web browser generally allows cookies to be stored on the User's end device by default. The User may change cookie settings at any time. The User can change browser settings, for example, by blocking the automatic handling of cookies or by setting the browser to notify them each time cookies are saved on their end device. Detailed information on the possibility and methods of managing cookies is available in the browser's settings.
By using the Service, by not configuring the web browser to exclude the use of cookies, and by accepting the message regarding the use of cookies by the Service, consent is given to install cookies on the User's end device.
If the User does not agree to the use of cookies by the Seller, they should change the settings of their browser, as referred to in paragraph 2, or stop using the Service. Cookies are used for the purpose of: a) adapting the content of the website to the individual preferences of the user, primarily these files recognize their device in order to display the page in accordance with their preferences; b) preparing statistics that help to learn about users' preferences and behaviors, the analysis of these statistics is anonymous and allows adjusting the content and appearance of the website to current trends, statistics are also used to evaluate the popularity of the website.
The Service uses two main types of files (cookies) - session and permanent. Session files are temporary, they are stored until leaving the website (by entering another website, logging out or turning off the browser). Permanent files are stored on the user's end device until they are deleted by the user or for the time resulting from their settings.
Browser settings that disable cookies may cause difficulties in using some services within the Service, especially those that require logging in.

§9 Payments

The User is obliged to pay for the ordered Service.
The price and other essential conditions related to the Service are provided each time in the description published on the Service's website.
Payment shall be made after the invoice has been issued within 14 days from the date of issue. The invoice is sent by the Seller together with the Confirmation of Performance.
Payment should be made by bank transfer to the account number indicated on the Invoice or through the Przelewy24 system integrated with the misjacyberbezpieczenstwo.pl online store.
The prices given on the website are net prices, which means that they do not include VAT.
The User consents and authorizes the Seller to issue a VAT invoice without the recipient's signature and to issue an e-invoice. If the User requests a paper invoice in the Order, they are obliged to provide the required data necessary for issuing the invoice.

§10

Complaints Procedure

The User can submit complaints regarding the Service in writing by e-mail sent to kontakt@misjacyber.pl.
A properly submitted complaint should contain at least the following information:

User's identification (including their name and surname - if provided, postal address, e-mail address, telephone number, and in the case of legal entities, the name, registered office address and contact details of the person authorized to handle matters related to the submitted complaint);
description of the problem that is the basis for submitting the complaint.

The Seller will consider complaints within 14 days of receiving them and will inform the complainant of the result of the complaint.
Mission Cybersecurity sp. z o.o. will exercise due diligence to remove any defects and irregularities concerning the content provided as part of the Service. The Seller expects that users will promptly inform them of any irregularities and defects noticed. Any comments regarding the identified irregularities and defects should be directed to the email address kontakt@misjacyber.pl.

§11 Privacy Policy

Mission Cybersecurity sp. z o.o., as the Personal Data Administrator, respects the privacy rights of its Users and complies with the regulations for the protection of their personal data. All personal data provided by users are processed in accordance with the 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, GDPR). Detailed information on personal data processed by the Seller is described in the Mission Cybersecurity sp. z o.o. Privacy Policy available on the website https://misjacyber.pl/en/privacy-policy/.

§12

Intellectual property and license.

The Seller declares that, in connection with or in the execution of the performance for the User's order, the Seller provides the User with content protected by intellectual property law, in particular works protected by copyright law. By using any services offered by the Seller and/or visiting the Seller's websites, the User does not acquire any copyrights to any content/materials, in particular software, posted on the Seller's websites.
At the time of conclusion of the agreement, the Seller grants the User a non-exclusive, non-transferable, and non-assignable license to use the Service solely in accordance with the provisions of this Regulation. The User may not license, distribute, rent, lease, loan, transfer, assign or otherwise dispose of the Service.
The license is granted within the territory of the Republic of Poland until the termination of the Service provision agreement.
Under the license, the User may use the Service in accordance with this Regulation through named, individual user accounts.
The User gains access to the Service in a place and time chosen by himself. The license covers the fields of exploitation: a) launching and using the service through a web browser, b) using educational content provided within the service for the purpose of conducting internal cybersecurity training activities.
The User is obliged to comply with intellectual property law regulations. In particular, any copying, modification, distribution, as well as public reproduction of the provided content without the written consent of the Seller is prohibited, unless it results from separate agreements or absolutely binding provisions of the law. It is also prohibited to use any textual, graphic or musical elements, as well as code or structure of the website to create derivative works for purposes other than personal use. It is prohibited to copy, reproduce or distribute any content, including texts, graphics and software, obtained from the Seller's websites.
The User may transfer the license for the user account from one user account to another only in the following cases: a) termination of cooperation with an employee to whose account the license was assigned, b) change of job position in the organization of the employee to whose account the license was assigned. Transferring the license to another user account requires contacting the Seller each time.
The User may not transfer or assign his rights arising from this Regulation to third parties. Any such transfer or assignment in violation of the above restriction is invalid.

§13

Rights and obligations of users as well as sanctions

The User is entitled to use the Service in accordance with its intended purpose. The use of the Service for commercial purposes or that may infringe the Seller's copyrights is prohibited.
Access to the Service is allowed only for authorized Users. The User of the Service may use his account only personally. It is forbidden to sell or share the account with other persons without the explicit consent of the Seller.
The login and password to the account are confidential information that should not be disclosed to third parties. The User is responsible for maintaining the confidentiality of the login and password to his account.
The User is obliged to use the Service in accordance with the law and good manners, and to respect the rights of other users, the Seller, and third parties.
In case of a breach of the provisions of this Regulation, the Seller may take appropriate actions, including blocking access to the Service or deleting the User's account.

§14

Limitations of liability

The user agrees to defend, indemnify, and hold harmless the Seller, its contractors, partners, licensors, and respective directors, officers, employees, and agents (the "Indemnified Parties") from any claims, demands, or expenses made by any third party, including reasonable attorneys' fees, arising out of or related to the user's use of the Services.
The Services are provided "as is" with all faults. To the fullest extent permitted by law, the Seller and Indemnified Parties hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. The user assumes all risks associated with the use of the Services, including but not limited to the risk of loss of user content, damage to user content, or unauthorized access to user accounts by third parties. This limitation of liability shall remain in effect regardless of any failure of essential purpose of any remedy.
Except as required by law, the Seller and Indemnified Parties shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to the use or inability to use the Services, including, without limitation, loss of profits, loss of data, interruptions in service, or damage to computer hardware, even if advised of the possibility of such damages and regardless of the nature of the claim. The aggregate liability of the Seller and Indemnified Parties under this agreement shall not exceed the amount of 100 PLN (one hundred Polish zloty).

§15

Final provisions

The seller does not provide a warranty that the use of the Service will proceed without any defects.
The seller is not responsible for the user's use of the Service in a manner inconsistent with the provisions of the Regulations, applicable laws, or the provisions of agreements in force between the Seller and the User.
The content presented as part of the Service is for training purposes only. The seller assumes no responsibility for the consequences of the user's actions influenced by the recommendations provided to the User as part of the Service. The User is fully responsible for understanding and properly applying the issues discussed as part of the Service in practice.
The User is responsible for all consequences resulting from incorrect completion of forms available on the Service, in particular providing incorrect or false data.
The provisions of the Regulations do not infringe the possibility for Users who are consumers to refer to absolutely binding laws regulating consumer rights protection.
Matters not regulated in the Regulations are governed by the provisions of Polish law, including the Civil Code and the Act of July 18, 2002 on the provision of electronic services, as well as other applicable laws.
Disputes arising from the interpretation or performance of the Regulations will be resolved by the court competent according to the provisions of the law.