TECASER TERMS AND CONDITIONS THESE TECASER TERMS ARE APPLICABLE TO THE FLEET MANAGEMENT SERVICES THAT ARE MADE AVAILABLE AS PART OF THE SERVICE YOU ARE USING THESE SERVICES ARE MADE AVAILABLE TO YOU IN THE EUROPEAN ECONOMIC AREA BY: Techmetria Marcin Nowak

1. TECASER TERMS

By installing the Tecaser application and using our services, you agree to be bound by:
1. these terms of use (“Tecaser Terms”); and
2. the Tecaser Privacy Policy.
Please review these documents carefully before you accept them. If you do not agree to these Tecaser Terms you are not permitted to use the Tecaser Services.
You can only use Tecaser Services if you are 18 years or older. By using the Tecaser Services, you confirm that you are 18 years or older.
These Tecaser Terms will apply to the relationship between Tecaser and you in respect of the period from when you first download the Tecaser application, until you delete it and cease to be registered for the Tecaser Services.

2. THE TECASER SERVICES

The “Tecaser Client Service” or “Service” means the software application and services as provided to you by our business-to-business client (the “Service Provider”).
The “Tecaser Services” means: In the EEA and UK:
The services delivered by Techmetria Marcin Nowak under the Tecaser:
1. to offer fleet management services;
2. to converse your fleet information in an overview of fleet management insights that other Service Provider can use for its business purposes; and
3. as may be distributed and made available through the Tecaser Client Service.
You agree and authorize Tecaser to share the data collected as part of the Tecaser Services with others Service Provider so that they can use this data for delivery of their Service to you.
You have a separate relationship with the Service Provider for your use of their Service. Tecaser is no party to that relationship and is not in any way liable or accountable for their Service If you have any issues with their Service, or the Tecaser Services as part of that Service, please contact the Service Provider. If needed they can contact us to follow up with us on any issues you might have. You can always contact us directly at tecaser@techmetria.pl.
Tecaser may update the Tecaser Services to add and improve its functions. Depending on the update, you may need to download the latest version of the Tecaser Client Service and accept any new or additional terms.
The Tecaser Services are provided for convenience. You acknowledge that the provision of the Tecaser Services is dependent upon other people (third parties). We try to ensure that the Tecaser Services are available to you at all times, though Tecaser can’t promise that it will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Tecaser Services or Tecaser Client Service). These events are sometimes outside our control.

3. IDENTIFICATION AND VERIFICATION

You agree to cooperate with all requests made by Tecaser to identify you and verify your identity and Tecaser may make this conditional for granting you access, or continued access, to the Tecaser Services or parts of the functionality of the Tecaser Client Service where the Tecaser Services are made available. This verification may include asking you for information so Tecaser can identify you. Tecaser may verify your information against third party databases or through other sources. See the Tecaser Privacy Policy for more information.
You must ensure the information you provide to Tecaser is always accurate and up to date. If at any time Tecaser believes that your information is outdated or inaccurate, Tecaser may require you to update this information and Tecaser may require you to complete the identification and verification process again.

4. TECASER SERVICES

The Tecaser Services include the following major functions:
1. Vehicle Information: This lets you combine your vehicle information
Tecaser may use third party suppliers to support Tecaser in providing the Tecaser Services. Tecaser takes reasonable care in selecting our suppliers to protect your security.
The Vehicle Insights provided by Tecaser are only suitable to gather certain knowledge about your fleet.
You represent:
1. that you will connect accounts that are requested by your Service Provider and reasonably needed for the purposes that your Service Provider requests you to give the Vehicle Insights;
2. that you will not connect Accounts of others to give a false representations of your fleet situation. If you do this, then you are fully liable and accountable for damages or claims incurred by the Service Provider or Tecaser as a result of this.
You are not at liberty, in general, to demand an explanation from Tecaser regarding the manner in which it has compiled the Fleet Insights or to require Tecaser to provide a more detailed reasoning regarding the findings in the Fleet Insights.

5. YOUR VEHICLE INFORMATION

Tecaser will act on your behalf

To make use of the Tecaser Services you can load up vehicle information from your other vehicle services (“Vehicle Information”). This is done by instructing Tecaser (through the Tecaser Client Service) to retrieve Vehicle Information held online by the governance and other fleet institutions with which you have a customer relationship (your “Providers”). By doing so, you authorise Tecaser to contact your Providers, on your behalf, to retrieve Vehicle Information requested by you. You explicitly consent to Tecaser having the right to act in your name to contact the Providers, and to retrieve and (in line with our Privacy Policy) use the Vehicle Information, in respect of the Accounts that you add into the Tecaser Client Service. More information on how this works is below.
We will access the Vehicle Information from each of your Providers in one of two ways:
1. Through a dedicated interface made available to Tecaser by your Provider: This allows Tecaser to make requests to your Provider to send items of Vehicle Information to Tecaser. Your Provider will then send this information to Tecaser, unless you have told them not to.
2. Through your Provider’s Access Point Interfaces (“API”) or website: Using this approach, our automated tools will access the API of your Provider (in the same way that you can do online) and then retrieve information from each Account that you have set up so that Tecaser can present it to you through the Tecaser Client Service. The information that Tecaser requests through each of these options is described in more detail when you follow the process to add an Account in the Tecaser Client Service.
When Tecaser accesses and retrieves Vehicle Information from your Provider, Tecaser acts on your behalf (in legal words, Tecaser acts as your “agent”), with your explicit consent, and not on behalf of any Provider. Our suppliers are also entitled to rely on this.
To keep the Tecaser Services up to date, Tecaser will use automatic tools to access the Vehicle Information:
1. on a regular basis (usually, once every day; each time you log in to the Tecaser Client Service; and,
2. if you manually request a refresh of the Tecaser Services.
Your explicit consent to Tecaser to access specific Accounts or Providers may be subject to time limits (e.g. 90 days) – once Tecaser reaches these time limits you will need to provide a confirmation of your explicit consent through the Tecaser Client Service if you wish Tecaser to be able to continue accessing and retrieving Vehicle Information from your relevant Provider(s).

Warnings and things for you to check

The Providers are wholly responsible for the Accounts you hold with them. This applies even when any instructions or information regarding those Accounts are viewed or transmitted via the Tecaser Services.
Your use of the Tecaser Service is entirely voluntary. Many Providers of Accounts are required by law to allow Tecaser to access Vehicle Information for use in the Tecaser Service and Tecaser Client Service, once you have explicitly consented to Tecaser doing so. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the Tecaser Services or Tecaser Client Service (for example, by prohibiting you from downloading your Vehicle Information). We have no control over your right or ability to view your Vehicle Information or transact on your Accounts.
On an ongoing basis, including each time you use the Tecaser Services, you confirm to Tecaser that:
1. you are legally authorised for each Account in respect of which you use the Tecaser Services (whether or not you are the Account holder) and any joint Account holder has explicitly consented to your use of the Tecaser Services. You may not use the Tecaser Services in respect of any Account you are not authorised to use; and
2. you have the right to use the Tecaser Services in respect of each relevant Provider’s sites (where relevant), and Vehicle Information.
Tecaser does not check Vehicle Information for accuracy, legality or otherwise. Tecaser is not responsible for the Vehicle Information, the way that your Accounts operate, or products and services offered by others.
You acknowledge there may be issues with accessing Vehicle Information and this being accurate or up to date. For example, when displayed through the Tecaser Services Tecaser Client Service, Vehicle Information is only updated as recently as is shown in the relevant page of the Tecaser Client Service. You may be able to request a refresh through the Tecaser Client Service if it appears to be out of date.
By uploading or submitting any information, content or materials to the Tecaser Services and Tecaser Client Service, you allow Tecaser (and our suppliers) a worldwide right to use it to provide the Tecaser Services.

6. PROPRIETARY RIGHTS AND LICENCE

All trademarks, copyright, database rights and other intellectual property rights of any nature in the Tecaser Services (including its appearance and branding), together with the underlying software code, are owned by Tecaser or its licensors. We may also use open source software code in the Tecaser Services for which separate legal terms and conditions may apply.
Tecaser grants you a revocable right to use the Tecaser Services for your personal (non-commercial) use in accordance with these Tecaser Terms.
You will not, nor allow third parties on your behalf to, (i) make and distribute copies of the Tecaser Services; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Tecaser Services; (iii) create derivative works of the Tecaser Services; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Tecaser Services; or (v) make alterations to, or modifications of, the Tecaser Services, or permit the Tecaser Services to be combined with, or become incorporated in, any other programs.
You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the Tecaser Services.

7. ACCEPTABLE USE RESTRICTIONS

You must not:
1. use the Tecaser Services in any unlawful way or in breach of these Tecaser Terms, or act fraudulently or maliciously (for example, by accessing other people’s Accounts through the Tecaser Services);
2. allow any other person to use the Tecaser Services made available to you;
3. infringe intellectual property rights in relation to the Tecaser Services, or your use of it;
4. use the Tecaser Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (for example, Tecaser expect fair levels of use and would not expect you to make a large number of manual requests for Vehicle Information to be updated); or
5. attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).

8. DATA PROTECTION

Any personal information you supply to Tecaser (and which Tecaser collect from you or other sources) will be used by Tecaser and held securely by Tecaser in accordance with our Tecaser Privacy Policy (https://tecaser.techmetria.io/privacy-policy/))
By using the Tecaser Services you explicitly consent to Tecaser collecting and using technical information about your usage and device to improve our products and to provide any services to you.

9. SUSPENDING AND STOPPING YOUR USE AND ENDING THIS CONTRACT By Tecaser

Tecaser may suspend or end your use of the Tecaser Services (or part of it, such as payment at any time). Tecaser will usually inform you when this is happening but Tecaser can’t always do so. Tecaser might take this action:
1. if you breach these Tecaser Terms, for the reasons outlined below in this section;
2. in the event Tecaser is unable to identify you or authenticate your identity or validate your funding sources;
3. if we are requested to do so by your Service Provider; or
4. in other circumstances where Tecaser believe that there is a valid reason (such as for risk or fraud management), or at your request.
Tecaser has no obligation to resume provision of the Tecaser Services to you, or to re-activate your use, if suspended or closed. If Tecaser permanently ends your use of the Tecaser Services, then: (a) the rights granted to you in these Tecaser Terms end and (b) you must stop use of the Tecaser Services.
If Tecaser suspects that the Tecaser Services’ security has been breached, or Tecaser suspects unauthorised or fraudulent use of the Tecaser Services, then Tecaser may suspend its use. If Tecaser does this, then Tecaser will (if the law permits) try to contact you (directly or through your Service Provider) to let you know.
Tecaser may also need to limit, block or stop your usage if Tecaser is required to do so by law.
Tecaser may otherwise decide to stop providing you with the Tecaser Services and end this contract at any time by giving you 2 months’ notice.
You should also be aware that the Service Provider may suspend or end your use of the Tecaser Client Service under the Tecaser Client Service Terms and Conditions. If this happens, you may not be able to access the Tecaser Services and, we’re not responsible or liable to you if this happens.
You may stop your use of the Tecaser Services at any time and end this contract, e.g. by ending your agreement with the Service Provider or removing the Tecaser Client Service from your device. Doing so will not automatically delete your user information that Tecaser holds. You can delete your user information in the Tecaser Client Service. You can contact Tecaser at tecaser@techmetria.pl and Tecaser can delete the user information we hold about you. Tecaser will also stop making your information available for active use after 1 year of inactivity on the Tecaser Services. When your user information is deleted, Tecaser will continue to hold certain information about you and your use for as long as it is required to enable Tecaser to comply with legal requirements, and for operational reasons such as issue resolution, complaint handling.

10. LIMITATION OF LIABILITY

The Tecaser Services have not been developed to meet your individual circumstances. It is your responsibility to ensure that the Tecaser Services meets your needs.
Tecaser only supplies the Tecaser Services for domestic/personal use. You may not use the Tecaser Services for commercial, business or resale purposes, and Tecaser has no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. Tecaser also has no liability to you for any damage or alteration to your equipment including your devices as a result of use of the Tecaser Services.
Tecaser is not responsible or accountable in any form for the Service of your Services Provider and Tecaser does not accept or assume any liability or accountability for this Service or the acts of your Service Provider.
As Tecaser collects all Vehicle Information from Vehicle Institutions and can only access the Vehicle Information of the accounts that You give permission to access, Tecaser does not represent, warrant or undertake that the Vehicle Insights we build on basis of this are complete, accurate, error-free, up-to-date.
All information, content and material displayed through the Tecaser Services is provided for information only. It is not vehicle or professional advice. You should not rely on information or content from the Tecaser Services as the sole basis for making a any decision. You should use your own judgment, and seek professional advice if appropriate. Accordingly, you agree that Tecaser is not responsible or liable to you for:
1. any action (or inaction) resulting from use of or reliance on information or content displayed through the Tecaser Services (or any loss or damage you suffer as a result); or
2. any dealings you have with third parties (including the Service Provider and your Providers and other services providers) through the Tecaser Services.
Tecaser has no liability to you under or in connection with these Tecaser Terms or your use of the Tecaser Services (whether in contract, tort (including negligence) or any other cause) except as set out in sections 10.7 and 10.8 below.
If Tecaser is liable to you in relation to the Tecaser Services and:
1. it relates to Tecaser not having met our obligations under the applicable law to protect your information or keep it secure, or it relates to any obligation under the applicable law that Tecaser cannot exclude (or limit, to the extent that it cannot be limited), then Tecaser accepts that liability in full as required by the law;
2. it relates to any other cause (regardless of the form of the action or timing) then Tecaser will only be liable to you for loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £50 in total for services delivered in the United Kingdom and €50 for services delivered in the European Union.
Tecaser is not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or Tecaser following your instructions), events outside of our control, or the need to comply with our legal obligations. Other sections of these Tecaser Terms explain further things that Tecaser are not responsible or liable for so it is important that you read all of the Tecaser Terms carefully. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if Tecaser deliberately breaches these Tecaser Terms in a major way that is designed to harm you. Your statutory rights are not affected.
You agree to reimburse Tecaser for any losses Tecaser incurs as a result of your breach of, or failure to comply with, these Tecaser Terms, or if Tecaser suffer any losses as a result of your use of the Tecaser Services.

11. DISCLAIMER

To the maximum extent permitted by law, Tecaser disclaims all implied warranties with regard to the Tecaser Services. Tecaser does not promise that the information, content or materials displayed on the Tecaser Services (directly of via the Tecaser Client Service are accurate, sufficient or error-free. Tecaser does not promise that the information on our systems is, when accessed by you, up-to-date or complete. The Tecaser Services are provided “as is” and “as available” without warranty of any kind.

12. PROBLEMS, QUESTIONS & COMPLAINTS

Tecaser appreciates it greatly if you notify Tecaser of a question or problem, because this gives Tecaser the opportunity to seek a suitable solution. It also gives Tecaser the opportunity to improve its service to you and other customers. Tecaser also has an internal complaints procedure. Tecaser aims to handle all problems, questions and complaints efficiently and quickly:
1. If you have questions, problems or complaints, regarding the Tecaser Client Service then please submit them to the Service Provider;
2. If you have questions, problems or complaints, specifically regarding the Tecaser Services then please submit them to the tecaser@techmetria.pl and include the following information: your name, telephone number, a description of your concern and the name of the Service Provider or services that you are using the Tecaser Services with.

14. CHANGES TO THESE TERMS

Tecaser may change the Tecaser Terms at any time and will inform you of a change either (i) through the Tecaser Client Service, when you next start the Tecaser Client Service, (ii) through the Tecaser Services directly, (iii) by e-mail or (iv) publication on the Tecaser website (tecaser.techmetria.io) or (iv) otherwise. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the Tecaser Services. If these changes materially impact you or materially change the Tecaser Services, Tecaser will strive to inform you through our regular channels at least 2 months prior to asking you for confirmation of the new Tecaser Terms.
Tecaser will always act fairly and reasonably when Tecaser makes these changes. The most common reasons that they will happen are if:
1. Tecaser is changing the way that an existing part of the Tecaser Services operates, introducing new functionality, or withdrawing functionality;
2. Tecaser considers that Tecaser should take account of developments (or changes Tecaser reasonably expects to happen) in technology, security or industry standards and norms;
3. there are changes in the way that Tecaser operates or Tecaser thinks that Tecaser should explain something more clearly; or
4. there is a change in law (including industry codes) that Tecaser follows or is bound to follow, or in response to decisions of a regulator or court.
If you don’t want to accept a change Tecaser informs you about in advance, you can close your account(s) for the Tecaser Services – see section 10.9 above. You can also end this agreement by not using the Tecaser Services after Tecaser makes the change. Be aware that the change will apply to you until you do so. If you don’t choose to close your account(s) we will assume that you have agreed to the changes.

15. KEEPING IN TOUCH

Tecaser will normally contact you using the email address which you have submitted to your Service Provider or the one you have provided us with directly. Tecaser will do this to keep you informed of matters relevant to the Tecaser Services where Tecaser needs to in order to comply with our legal obligations - further details are shown in our Tecaser Privacy Policy.
In some circumstances, it may also be appropriate for Tecaser to contact you through other means (such as telephone) where you have provided your number to Tecaser and it’s helpful to talk things through. When Tecaser communicates with you (including by telephone) it is common for Tecaser to monitor and keep a record of that communication for quality and training purposes.
Please remember to tell Tecaser if your details change. If Tecaser discovers or suspect fraud or a security threat, Tecaser will need to contact you. Equally, for security reasons, Tecaser may block use of the Tecaser Services if Tecaser is unable to contact you or don’t receive a response when Tecaser tries to do so.
You have the right to receive a copy of these Tecaser Terms – Tecaser will send this to you by email if you request it but you can always find them on our website (tecaser.techmetria.io) too.
The easiest way to contact Tecaser is by emailing tecaser@techmetria.pl.
Please address any postal mail to Tecaser in the EEA at the following address: Techmetria Marcin Nowak; Kolberga 12, 33-100 Tarnów, POLAND

16. ABOUT US & OUR REGULATORS

Tecaser are registered trademarks of Techmetria Marcin Nowak

17. OTHER IMPORTANT TERMS

Tecaser may transfer our rights and obligations under these Tecaser Terms to another organisation (within the Techmetria Group organised under Techmetria Marcin Nowak but also third parties), but this will not reduce your rights or those obligations. You may not transfer your rights or obligations under these Tecaser Terms to another person.
If Tecaser fails to insist that you perform any of your obligations, or if Tecaser does not enforce our rights against you, or if Tecaser delays in doing so, that will not mean that Tecaser has waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by Tecaser in writing.
Each of the conditions of these Tecaser Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
These Tecaser Terms and our Privacy Policy are drawn up in the English language. All written communications between you and Tecaser relating to these Tecaser Terms and our Privacy Policy will be in English.
Please note that these Tecaser Terms, their subject and formation, are governed by Polish law. You and Tecaser both agree that the courts of Tarnów, Poland will have jurisdiction over any claims or disputes resulting from or in connection with the Tecaser Terms.

Version: 1.0 – Published 1st March 2023, effective 1st March 2023

Versions:

1.0 - The first publication of Tecaser Terms and Conditions

Terms and Conditions