PREAMBLE

This regulations for the provision of services by electronic means aims to facilitate users' use of the website located at the following internet address: https://www.system.ultimaratio.pl, enable acquiring the broadest knowledge about Ultima RATIO tools, and indicate the catalogue of their rights and obligations in this regard.

§1. DEFINITIONS

The terms used in these Regulations mean:

1. Administrator (Service Provider) – the owner of the Platform, Causa Finita S.A. based in Rzeszów, ul. Al. Tadeusza Rejtana 36, 35-310 Rzeszów, KRS: 0000640290, responsible for providing services to Users in accordance with these Regulations.

2. Platform – the Ultima RATIO platform, dealing with the technical organization of the possibilities of signing documents with an advanced electronic signature, verifying the financial credibility of contractors, checking data from the PESEL registry, securing receivables, leading secure conversations with other Users, and non-judicial dispute resolution via the Internet.

3. Electronic Center for Arbitration and Mediation at the Association of Notaries of the Republic of Poland in Warsaw - an organization dealing with online arbitration and mediation, operating on the Ultima RATIO platform, allowing Users to engage in amicable discussions aimed at preventing the escalation of disputes and conducting mediation and arbitration proceedings.

4. User – any natural person who has an Account on the Platform.

5. Account – a personalized part of the Platform, access to which is protected by a password. The Account is used to utilize the tools and functionalities available on the Platform.

§2. PRELIMINARY PROVISIONS

1. The Regulations define the rules and conditions for Users' use of the Platform and constitute regulations for the provision of services by electronic means within the meaning of Article 8, section 1, point 1 of the Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws 2016.1030 consolidated text from July 15, 2016).

2. These Regulations also define the technical requirements necessary to cooperate with the IT system used by the Administrator and the conditions of the complaint procedure.

3. These Regulations govern the rights and obligations of the Administrator.

4. Use of the Platform is equivalent to acceptance of these Regulations, the Privacy Policy, and GDPR provisions.

§3. USING THE PLATFORM

1. The Platform provides services which enable the signing of documents with an advanced electronic signature, checking the financial credibility of contractors, verifying data from the PESEL registry, securing receivables, leading secure conversations with other Users, and non-judicial dispute resolution through arbitration and mediation via the Internet.

2. Services are provided for: natural persons, including those running business activity, legal persons, organizational units without legal personality, and partners of civil partnerships.

§4. ACCOUNT REGISTRATION

1. Registration on the Platform can be performed by any person who is at least 13 years old and has a PESEL number. The Administrator may register foreigners.

2. The registration process requires:

   • providing the required data,

   • expressing necessary consents,

   • expressing any voluntary consents,

   • verifying identity via the service login.gov.pl

3. The User is obliged to set a unique password to prevent unauthorized access to the account.

4. It is forbidden to share the password with unauthorized persons. 

5. The User may have only one account.

6. The User is obliged to:

   • provide data that is true, accurate, and current,

   • immediately update the data provided at registration after any changes.

§5. DECLARATIONS OF WILL AND KNOWLEDGE

1. Users make declarations of will or knowledge in electronic form, in the IT system. Electronic communication constitutes the exclusive method of communication between Users, unless the Regulations of the Electronic Center for Arbitration and Mediation at the Association of Notaries of the Republic of Poland in Warsaw state otherwise.

2. By sending declarations, it means sending notifications to the email address, phone number provided by the User, and posting information directly on the Platform. Correspondence may include letters, graphic files, audio recordings, video recordings, and other such materials.

3. Saved drafts will be automatically and irreversibly deleted after 2 months from the last modification by the User.

§6. ADMINISTRATOR'S LIABILITY IN ARBITRATION AND MEDIATION PROCEEDINGS

1. The Administrator electronically provides services, including ensuring technical capabilities for conducting discussions and mediation and arbitration proceedings in real-time via the Internet. Thus, the Administrator has no influence on the course of these proceedings, especially on the decisions of mediators and arbitrators.

2. The Administrator shall not be liable for the course of discussions and for the course of mediation and arbitration proceedings. 

§7. ADMINISTRATOR'S RIGHTS AND OBLIGATIONS

1. It is the Administrator's obligation to:

   • maintain continuity in the functioning of the Platform, excluding the Administrator's liability for disruptions in access to services not caused by it and that it had no reasonable opportunity to oppose. 

   • restore service availability without undue delay,

   • provide technical support for Users,

2. The Administrator shall not be liable for unlawful access to confidential data and information by third parties.

3. Actions aimed at hindering or destabilizing the functioning of the Platform may constitute a prohibited act under applicable regulations. In the event of such actions being detected by the User, the Administrator may suspend or delete their account.

§8. USER'S OBLIGATIONS

1. The User may only use their own account. Sharing access to their account with unauthorized persons is prohibited. Every action taken using the User's account is considered an action of that User.

2. Any change to User data required during account registration requires updating in the account settings. In case of neglecting this obligation, the User is liable for any resulting damage. The Administrator is entitled to update User data independently if such a change has been made in the public registry.

§9. PERSONAL DATA AND PRIVACY POLICY

1. The Administrator processes the personal data of Users and other entities in accordance with currently applicable laws. In particular, the regulation of the European Parliament and the Council (EU) 2016/679 of April 27, 2016 (Journal of Laws EU L.2016 No. 119. 1) and based on the Privacy Policy.

2. The Administrator uses cookie technology, which means that while using the functionalities of the Platform, small cookies containing information necessary for the proper functioning of the website and system may be stored and read. Detailed information regarding cookies can be found in the Privacy Policy.

§10. COMPLAINTS

1. The User has the right to submit complaints regarding technical issues concerning services provided by electronic means in accordance with these Regulations.

2. Complaints can be submitted via the publicly available contact form on the website www.ultimaratio.pl.

3. A properly submitted complaint should contain:

   • identification of the User

   • concise description of the technical problem

4. If the complaint contains data that does not allow identifying the User, the Administrator has the right to contact the User to determine whether they are submitting a complaint and what their objections are.

5. The Administrator will respond to the complaint promptly electronically to the email address provided by the User, but no later than within 30 days from the date of receipt of the submission containing all information necessary for its consideration.

§11. TECHNICAL REQUIREMENTS

1. For proper use of the Platform, the following is required:

   • A computer with access to the Internet, equipped with MAC OS or Windows

   • Access to email

   • Use of browser: Google Chrome version 67.x (or newer), Mozilla Firefox version 60.x (or newer), Microsoft Edge version 40.x (or newer), Safari version 9.x (or newer), Opera version 53.x (or newer)

   • Disabling the cookie handling function does not block the ability to use the Platform, but may affect the functioning of the system. The Administrator shall not be liable for difficulties in using the system or User's profile arising from the disabling of the cookie handling function.

   • The User is obliged to use the Platform in accordance with these Regulations, the Regulations of the Electronic Center for Arbitration and Mediation at the Association of Notaries of the Republic of Poland in Warsaw, the Privacy Policy, the Trust Policy, and the laws of general application, as well as good customs.

   • The User may send files in the following formats through the system:

     • graphic files: odt, doc, docx, pdf, jpg/jpeg, png, gif, bmp, tiff, rtf, txt, heic, heit

     • audio recordings: mp3, wav, wma, ogg, m4

     • video recordings: mov, mp4, avi, wmv

     • others: xls, zip, rar, arj, ppt;

   • In case the User sends files infected with malicious software, the Administrator has the right to delete them immediately and irreversibly.

2. According to Article 6 point 1 of the Act on the Provision of Services by Electronic Means, the Administrator hereby informs you of the special risks associated with Users' use of the Platform. The information concerns risks that the Administrator identifies as potential threats, i.e., those that should be taken into account by Users despite the Administrator's use of security systems to protect the infrastructure from unauthorized interference by third parties:

   • the possibility of receiving spam, i.e., unsolicited commercial (advertising) information transmitted electronically;

   • the possibility of harmful software (malware, internet worms) operating in the network environment disseminated through code replication;

   • the possibility of breaking security to obtain personal and confidential information for identity theft, by sending false electronic messages resembling authentic messages

   • the possibility of finding weaknesses in the cryptographic system, thus enabling its breaking or bypassing, consequently the possibility of obtaining personal and confidential information for identity theft;

   • the possibility of phishing through sending false electronic messages that closely resemble authentic ones and consequently obtaining personal and confidential information about the user;

   • the possibility of illegal eavesdropping through the use of a computer program whose task is to intercept and potentially analyze data flowing in the network (spyware);

   • violations of copyright through unauthorized copying and use without the consent and knowledge of the authorized entity

   • the installation of software from sources other than those authorized by the Administrator, which despite the Administrator's efforts to minimize the possibilities of sharing modified versions of software by third parties, may contain malicious software.

§12. PAYMENTS

1. According to the Act of March 11, 2004 on Goods and Services Tax, acceptance of the provisions of these regulations is equivalent to expressing consent to receive VAT invoices only electronically at the email address provided by the User.
   

2. The consent to receive VAT invoices electronically expressed in §12 point 1 does not exclude the right to request the delivery of invoices and their duplicates in paper form.
   

3. Sending an electronic invoice to the address provided by the User constitutes effective delivery.
   

4. The Administrator shall not be liable for the User's failure to receive an electronic invoice if it is caused by reasons beyond the Administrator's control, particularly if it results from: providing the User with an incorrect or non-existent address; loss of the User's right to use the address; the classification as spam of the electronic message to which the electronic invoice is attached, lack of access to the User to the Internet connection; accidental deletion of the electronic message to which the electronic invoice is attached; unreasonable classification of the attachment containing the electronic invoice as infected with computer viruses.
   

5. The User's failure to receive the electronic invoice for the reasons specified in §12 point 4 does not relieve the User from the obligation to pay the amounts specified therein.

§13. FINAL PROVISIONS

1. The Administrator shall not be liable:

   • for errors in data transmission, particularly caused by failures of IT systems, telecommunications systems, power systems, and due to delays in the operation of external operators providing data transmission;

   • for lack of access to the Platform for reasons beyond the Administrator's control

   • for damages arising from the inability of the User to use the services due to improper use, errors, disruptions, delays in operations or data transmission, computer viruses, line failures, or failures of the IT system.

2. The Administrator has the right to make changes to these Regulations. The amended Regulations are binding on Users from the date of notification of the change.

3. The Administrator has the right to block or temporarily limit access to the Platform for the period necessary to eliminate existing threats or irregularities.

4. In relations between the Administrator and the User, Polish or English language is used.

5. The court competent to settle disputes related to the implementation of the Regulations is the court competent for the location of the Administrator's registered office.