REGULATIONS OF THE APPLICATION APPME ver. 2026.1
§1. General Provisions
- The Service Provider and owner of the Application is RGS sp. z o.o. with its registered office in Mysłakowice, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under the KRS number: 0000384756, Tax Identification Number (NIP): 6112715368, National Business Registry Number (REGON): 021512850 (hereinafter: "Provider"), whereas the Provider's e-mail address intended for contacts with the Customers and Users is: support@appme.works.
- These Regulations define the terms and conditions of using the Application made available by the Provider via the Internet. They constitute the regulations for the provision of electronic services within the meaning of the Act of 18 July 2002 on the provision of services by electronic means and are made available free of charge during the process of creating the Account in the Application in a manner that allows for its acquisition, reproduction and recording via the ICT system used by the Customer or User.
- Only entities running business or professional activities may be the Customer and the Provider reserves the right to refuse to provide Services to entities to which consumer protection regulations apply, unless the Parties explicitly decide otherwise.
- The User (including the Operator, Moderator and Staff) uses the Application only to the extent the Customer or other authorized person has provided them with the possibility to use the Application and the commencement of the use of the Application, including the creation of the Account, is tantamount to having been acquainted with the contents of the Regulations, understanding their provisions and accepting them in their entirety.
- The Regulations constitute an integral part of the legal relationship between the Provider and the Customer and, to the extent related to the use of the Application by the User, also with the User, and the provisions of the Regulations apply regardless of other contractual documents binding the Provider and the Customer, unless these documents expressly provide otherwise
§2. Definitions
- Application – IT system owned by the Provider made available to the Customer, including the software, user interface, server infrastructure and auxiliary components, accessible via the Internet.
- Service – service rendered to the Customer by the Provider, consisting in the provision of access to the Application within the scope and under the terms and conditions specified in the Regulations, and in the contractual documentation concluded between the Provider and the Customer, which includes, in particular, making the Application's functionality available, managing the Accounts and sharing Documentation.
- Customer – entity running business or professional activity that has entered into an agreement with the Provider for the provision of the Service. The Customer also serves as the System Administrator on the part of the Customer and manages the entire license granted under the Agreement, including granting access to Operators, Moderators, and Staff.
- User – collective term for each entity using the Application within the Customer's instance, including the Customer (as the Administrator), Operators, Moderators, and Staff. Whenever the Regulations refer to the User, this should be understood as all of the above-mentioned categories of persons using the Application, unless the context clearly indicates otherwise. Individual roles of Users (Operator , Moderator, Staff) and their authorizations have been specified in the GTC.
- Operator – individual who has been granted access to the Application with extended privileges by the Customer. Operator aggregates multiple Projects and may manage Staff and Moderators assigned to the Projects they supervise, as also add new Staff.
- Provider - RGS sp. z o.o., with its registered office in Mysłakowice, entered into the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under the KRS number: 0000384756, Tax Identification Number (NIP): 6112715368, National Business Registry Number (REGON): 021512850
- Moderator – natural person who has been granted access to the Application by the Customer or the Operator. Moderator is assigned to a specific Project and may add Staff only within the Project to which they have been assigned.
- Staff – employees, associates or other persons acting on behalf of the Customer, participating in a given Project, who have been granted access to the Application by the Customer, Operator or Moderator. Staff operate under the supervision of the Moderator, Operator or directly the Customer.
- Project – organizational unit separated within the Application to which Operators, Moderators, and Staff are assigned, used to group tasks, data and authorizations.
- Account – individual access to the Application assigned to the User (i.e., Customer, Operator, Moderator or Staff) secured with authentication data, in particular with a login and password, allowing for the use of the Application's functionality within the scope resulting from the role and authorizations granted by the Customer, Operator or Moderator.
- Business Days – days from Monday to Friday, excluding public holidays on the territory of the Republic of Poland.
- Regulations – this document specifying the terms and conditions of the use of the Application provided to the Customer and the User during the process of creating the Account in the Application.
- Force Majeure – external, sudden, unforeseeable and unpreventable event, such as, in particular: natural disasters, fires, floods, IT infrastructure failures, power outages, cyber-attacks, acts of war, riots, strikes, epidemics, pandemics, acts of public authority or other events similar in nature.
§3. Services Provided Electronically
- The Service that consists in the provision of access to the Application, including, in particular, allowing to record attendance, document work results, verify time consumption of the tasks, organization of tasks between the Customer and Staff, and management of information on Staff absences, as also creation and maintenance of Accounts in the Application and sharing Documentation is provided electronically by the Provider.
- The functionality of the Application depends on the Package selected by the Customer. A detailed description of the functionality of individual Packages is included in the Provider's offer. The Provider reserves the right to change, expand, limit or remove individual functionalities from the Application, introduce new versions of the Application and temporarily provide test or experimental functionalities.
- The Application is provided "as is" and "as available" which means the Provider excludes, to the fullest extent permitted by law, all warranties, including, but not limited to, warranties of fitness for a particular purpose, commercial warranties, guarantees of achieving specific results and guarantees of the Application's compatibility with the Customer's individual needs, processes, or requirements. The Provider does not guarantee uninterrupted or error-free operation of the Application.
- The Application is solely an IT tool of an auxiliary nature and does not ensure compliance of the Customer's operations with legal regulations, in particular labor law, working time regulations, social security regulations, tax regulations, or regulations governing monitoring employees and the Provider does not render any advisory services to the Customer or User, in particular legal, tax, HR or organizational services.
- The Provider shall not be held liable for the operation of third-party systems and services with which the Application may be interoperable, nor for the consequences of changes or interruptions in their operation. Irregularities resulting from the Customer or third parties' systems, configuration or infrastructure do not constitute grounds for any claims against the Provider.
§4. Technical Requirements
- Use of the Application requires the following minimum technical requirements: a device with internet access (computer, tablet or mobile device), updated version of a web browser supporting HTML5 and JavaScript (in particular Google Chrome, Mozilla Firefox, Microsoft Edge, or Safari), active internet connection with sufficient bandwidth to properly use the Application and active and properly configured email address.
- The Provider is not responsible for the inability to use the Application or its limited functionality resulting from the Customer's or User's failure to meet the technical requirements referred to in sec. 1. The Customer and User are solely responsible for ensuring appropriate technical conditions necessary for the proper use of the Application.
§5. Creating an Account and Access to the Application
- Access to the Application requires creation of an Account. A Customer Account is created through the registration process which requires the provision of Customer identification data (including company name, tax identification number, registered office address and email address), acceptance of these Regulations and confirmation of the registration via email or other means specified by the Provider.
- User Accounts (Operators, Moderators and Staff) are created after an authorized person (Customer, Operator, or Moderator within the scope of their authorizations) has provided an activation link or invitation. The Customer decides whether to grant access to the Application and assign the User to a specific Project and role, and the User is obligated to provide the data required by the Application and accept these Regulations during the Account creation process.
- The Account is assigned exclusively to a single Customer or User and sharing Account credentials with third parties, regardless of the legal relationship between such parties and the Customer or User, is prohibited.
- The Provider has the right to refuse to create an Account or activate the Service without providing a reason, in particular if there are reasonable doubts as to the Customer's credibility, the accuracy of the data provided or the compliance of the planned use of the Application with the Regulations or legal provisions.
- The Customer (and, within the scope of their rights, also the Operator) has the right to delete the User Account at any time, without having to provide a reason, in particular in the event of termination of employment or cooperation with a given person, a change in the scope of authorizations or identification of a breach of the terms and conditions of use of the Application, and the deletion of the Account results in immediate and unconditional blocking of a given User's access to the Application. Deleting the User Account does not affect the amount of the fees paid by the Customer or the type of Package they have selected.
- The Customer may increase the number of accesses for Users (Operators, Moderators, or Staff) at any time via the administration panel available in the Application. Reduction of the number of accesses made by the Customer takes effect on the first day of the following billing month. The rules for charging fees for the changed number of accesses are specified in the GTC.
§6. Rules for Using the Application
- The Customer and the User are obligated to use the Application in accordance with its intended purpose, these Regulations, the Documentation and the applicable law.
- It is prohibited to use the Application in a manner inconsistent with its intended purpose or that infringes third party rights, introduce unlawful content into the Application, including content infringing personal rights, copyrights or other intellectual property rights, or to take any actions aimed at reproduction, analyzing or understanding the structure, principles of operation or logic of the Application, in particular through reverse engineering, decompilation, database structure analysis, performance testing, benchmarking, or other similar activities, regardless of their purpose.
- It is also prohibited to use information obtained from using the Application in order to create, develop or support products or services competitive to the Application, share Account credentials with unauthorized persons, take any action that may disrupt the proper functioning of the Application or the Provider's infrastructure or use the Application in a manner that excessively burdens the Provider's technical infrastructure.
- The Provider is entitled to perform technical inspection of the manner of use of the Application, including, in particular, verification of the number of active Accounts, User login method and the scope of use of the functionality and in the event of a violation of the provisions of the Regulations, the Provider is entitled to request the Customer or User to cease the breach, temporarily suspend access to the Application or delete the Account, subject to the right to take further legal action.
§7. License and Intellectual Property Rights
- Upon Service Launch, the Provider grants the Customer and User a non-exclusive, non-transferable, non-assignable and time-limited license to use the Application solely for their own business purposes, within the scope of the selected Package, covering the following fields of use:
- access to the Application via the Internet,
- use of the Application's functionalities via the user interface,
- entering, processing, storing and reading data within the Application.
- The license does not include the right to sublicense, transfer the rights under the license to third parties, use the Application in a manner going beyond the scope specified in the Regulations or access the Applications' source code, technical documentation or any elements constituting the Provider's know-how. The license expires automatically upon termination or expiration of the Agreement between the Provider and the Customer or upon deletion of the Account by the Provider or the Customer without the having to make additional declarations of intent.
- All intellectual property rights to the Application, including, in particular, property and personal copyrights, rights to trademarks, names, logos, graphics, functional layout, algorithms, databases and all visual and technical elements of the Application, are owned exclusively by the Provider or the entities the Provider has obtained appropriate licenses from.
- Neither the Customer nor the User are authorized to copy, modify, distribute, publish, reproduce or use any elements of the Application in a manner going beyond the scope of the license specified in this paragraph.
§8. Updates and Development
- The Provider reserves the right to implement updates, patches, modifications and new versions of the Application at any time, without having to obtain a prior consent of the Customer or User. Updates may include, in particular, bug fixes, performance improvements, user interface changes, addition of new functionalities or removal of existing functionalities.
- Application updates are implemented automatically by the Provider within the infrastructure on which the Application is hosted, and the Customer and User cannot refuse to install updates or revert to a previous version of the Application unless the Provider explicitly provides for such an option.
- The Provider shall make every effort to ensure that updates do not adversely affect the availability of the Application or the data collected by the Customer or User, however it does not guarantee that the implementation of updates will not result in temporary unavailability of the Application or the need to adjust the manner the Customer or User uses the Application.
§9. Customer's Obligations and Liability
- The Customer is solely and fully liable for the manner of use of the Application, for the acts and omissions of Users using the Application, for the consequences of use of the Application by Users and for the content, data, materials and information entered into the Application by the Customer or Users.
- The Customer undertakes to ensure that Users are informed about the terms of use of the Application resulting from the Regulations. If the Staff are in employment relationship or other form of cooperation with the Customer, it shall ensure they are informed about the provisions resulting from the labor law, the employee monitoring regulations and the personal data protection regulations. The Customer is liable for the implementation of any and all procedures related to the use of the Application by Users, in particular for informing Users of the purposes and the scope of use of the Application and of the rules for recording attendance and processing personal data.
- During the Account setup process the Customer may include its own documents, policies and inhouse regulations into the Application to fulfill its information obligation towards the Users. The Provider shall not be held liable for the content, completeness or accuracy of documents included in the Application by the Customer.
- The Customer represents and warrants that it has all the required legal basis to process User data, including, in particular, their personal data, to the extent necessary to use the Application and undertakes to indemnify the Provider and hold it harmless from any and all Users, third parties, or public authorities' claims arising from the use of the Application by the Customer or the Users, including claims for infringement of intellectual property rights, personal rights or personal data protection regulations.
§10. User
- This paragraph defines the User's rights and obligations regarding the use of the Application and applies to each User (i.e., Operator, Moderator and Staff) who has obtained access to the Application. The scope of the User's access to the Application's functionalities is determined by the Customer (or, respectively, by the Operator or Moderator within the limits of their authorizations) and may be modified or withdrawn at any time without prior notification to the User.
- The User is required to use the Application in accordance with its intended purpose, these Regulations and the instructions provided by the Customer, to notify the Customer of any unauthorized access to the Account or any suspected breach of security of the authentication credentials, as also to refrain from undertaking any actions that may disrupt the proper functioning of the Application or expose the Provider, Customer or other Users to harm.
- The User acknowledges and accepts that the Customer is entitled to delete the User Account at any time, in particular, in the event of termination of employment or collaboration with the User, that the Customer may access the User's data and activity in the Application to the extent permitted by the Application's functionality and the Customer's inhouse regulations, that the scope of the User's authorizations in the Application can be unilaterally modified by the Customer, and that any and all data entered by the User into the Application may be fully accessible to the Customer.
- The User is not a party to the Agreement between the Provider and the Customer and any User's claims related to the use of the Application, including claims regarding the manner of use of the User's data collected in the Application should be addressed directly to the Customer. The Provider shall not be held liable for the manner in which the Customer uses the User's data nor for the Customer's decisions made based on such data.
- The Provider shall not be held liable to the User for any restriction, suspension or removal of access to the Application made by the Customer or resulting from the termination or expiration of the Agreement between the Provider and the Customer, and in the event of termination or expiration of such an Agreement, the Accounts of all Users assigned to a given Customer may be blocked or deleted without separate notification to the Users.
§11. Personal Data
- The use of the Application implicates that personal data of the Customers, Users and other persons whose data has been entered into the Application are to be processed, whereas the controller of the personal data of the Customers and Users within the extent necessary to provide the Service by the Provider, including to set up the Accounts, provide technical assistance, communicate and realize the legitimate interests of the Provider, is the Provider and the detailed information on the processing of personal data by the Provider as the Controller are specified in the Privacy Policy.
- As regards the personal data of Users and that other persons that has been entered into the Application by the Customer, or at its request, in connection with the use of the Application's functionalities, it is the Customer that is the data controller, and the Provider processes that data only as a processor within the meaning of Art. 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), at the documented request of the Customer and to the extent necessary for the proper provision of the Service.
- The detailed principles of processing personal data by the Provider, including the scope, purpose and duration of processing, are specified in the Privacy Policy attached to the GTC, which also contains the provisions on the entrustment of personal data processing.
- The Customer undertakes to fulfill any and all information obligations towards the Users and other persons whose personal data are processed in the Application, resulting from the GDPR and other relevant provisions on the protection of personal data, including in particular to inform such persons about the purposes, scope and legal basis of processing their personal data in the Application, as also of their rights.
§12. Data and Content Entered into the Application
- Any and all data, content, materials and information entered into the Application by the Customer or Users remain the property of the Customer or respectively of entities holding rights to such content, and the Provider does not acquire any ownership rights to the data entered into the Application, subject to the right to process it to the extent necessary for the proper provision of the Service.
- The Customer is solely responsible for the legality, accuracy and completeness of the data and the content entered into the Application by the Customer or Users, and the Provider shall not be obligated to verify the content entered into the Application and shall not be held liable for any third-party claims arising from the content entered into the Application by the Customer or Users.
- After termination or expiration of the Agreement between the Provider and the Customer, at the Customer's request submitted within 14 days of the date of termination or expiration of the Agreement, the Provider may allow for a one-off export of data in the scope and format specified by the Provider, if technically feasible. The Provider may charge additional fee for allowing such export. After the expiry of the stated period or after the data has been exported, the Provider is entitled to permanently delete the Customer and the Users' data from the Application in accordance with the principles specified in the GTC.
§13. Providers Liability
- The Provider's liability towards the Customer and the User for the provision of the Service, regardless of the legal basis, is limited to damages caused solely by the Provider's willful misconduct.
- The Provider shall not be held liable for damages resulting from the use the Application in a manner inconsistent with the Regulations or the Documentation, acts or omissions of the Customer or Users, providing false, incomplete or outdated data, interruptions in access to the Application resulting from reasons beyond the Provider's control, including reasons attributable to hosting service providers, telecommunications service providers or other third parties, actions of third parties for which the Provider bears no responsibility and maintenance works performed in accordance with the Regulations.
- The Provider shall not be held liable for lost profits, loss of revenue, loss of data, interruptions in the Customer's business operations or any indirect, consequential or incidental damages, and the Provider's total liability for the provision of the Service, in cases where the Provider's liability has not been excluded under other provisions of the Regulations, shall be limited to the amount of the remuneration actually paid by the Customer to the Provider in the period of 6 months preceding the event giving rise to the damage.
§14. Downtime
- The Provider reserves the right to carry out the planned Maintenance Works, of which the Provider will notify the Customer at least 24 hours in advance via the Application or email, unless the urgent nature of Maintenance Works prevents this deadline. The Provider also reserves the right to carry out unplanned Maintenance Works in the event of a threat to the security of the Application, data or technical infrastructure, without a prior notification to the Customer or User.
- Maintenance Works may result in temporary unavailability of the Application or limitation of its functionality. However, interruptions in access to the Application resulting from Maintenance Works do not constitute a breach of the Regulations by the Provider and do not entitle the Customer or User to pursue any claims in this respect.
§15. Complaints
- The Customer is entitled to file complaints regarding the operation of the Application via electronic means of communication to the Provider's email address indicated in §1, sec. 2 of the Regulations, and the complaint should include at least the Customer's identification details (company name and tax identification number), description of the problem being the subject of the complaint, date and time of its occurrence and the expected manner of handling the complaint.
- The Provider shall review the complaint within 30 Business Days of its receipt, provided that if additional information or documentation is required from the Customer, this period shall run from the date of receipt of such complete information. The Provider will inform the Customer about the outcome of the complaint review via electronic means of communication to the Customer's email address.
- Users are not entitled to file complaints directly to the Provider. Users should direct all complaints regarding the operation of the Application, including reports of improper operation of the Account, access restrictions or loss of data, to the Customer who is responsible for forwarding such complaints to the Provider as part of the complaint procedure.
§16. Confidentiality
- The Customer and the User undertake to maintain confidentiality of any and all information regarding the Provider, the Application and the Service, in particular technical, organizational and commercial information, documentation, system architecture, functional solutions, security data, as also information obtained while using the Application that have not been made public by the Provider, and such information can be used solely to use the Application in accordance with the Regulations.
- The obligation of confidentiality, referred to in sec. 1, applies during the term of use of the Application and for 5 years after discontinuation of its use regardless of the reason for the discontinuation of the use, and a breach of the obligation of confidentiality entitles the Provider to immediately block access to the Application and to seek damages in line with general principles.
§17. Amendments to the Regulations
- The Provider reserves the right to amend the Regulations for material reasons, in particular in the event of changes in the provisions of law affecting the provision of the Service, changes in the scope or manner of providing the Services, development of the Application or technical infrastructure, including the increase in the level of security of the Application, or the need to adapt the Regulations to decisions, rulings or guidelines of competent authorities.
- The Provider shall inform Customers and Users about amendments to the Regulations via a message displayed in the Application after logging in or via email. The amended Regulations shall take effect on the date indicated in the amendment notification, not earlier, however, than 14 days after the date of notification of its contents.
- Further use of the Application after the amended Regulations come into effect constitutes acceptance of the new content in its entirety. A Customer who does not accept the amendments to the Regulations is entitled to discontinue using the Application and request deletion of their Account, pursuant to the terms and conditions specified in §18 of the Regulations.
§18. Discontinuation of Use of the Application
- The Customer has the right to delete their Account and all User Accounts assigned to their instance of the Application at any time, provided that the deletion of the Account does not release the Customer from the obligation to pay the Provider for the period of use of the Application nor from the obligations arising from the Agreement between the Customer and the Provider. Deleting the Customer Account results in immediate blocking the access to the Application for the Customer and all Users assigned to that Customer.
- The User is not entitled to delete their Account themselves, and the request to delete the Account should be directed to the Customer, who will make a decision on the deletion of the User Account in accordance with §5, sec. 5 of the Regulations.
§19. Final Provisions
- The law applicable to the Regulations and the legal relations arising out of the use of the Application is the Polish law, and any disputes arising out of the Regulations or related to the use of the Application will be resolved by a common court having jurisdiction over the Provider's registered office.
- If any provision of the Regulations proves invalid or ineffective as a result of a binding ruling of a court or a decision of competent authority, this shall not affect the validity of the remaining provisions of the Regulations, which shall remain in force, and in place of such an invalid or ineffective provision, a provision of generally applicable law that is closest to the purpose of the invalid or ineffective provision shall apply.
- In matters not regulated in the Regulations, the provisions of the GTC, the Privacy Policy and the provisions of Polish law shall apply, in particular the provisions of the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means and the Act of 4 February 1994 on copyright and related rights.
- The Regulations shall enter into force as of 15.03.2026 and the current version of the Regulations shall each time be available in the Application in the process of creating the Account and on the website: www.appme.work.