LICENSE

 

Software License Agreement for “Fotillo” and “FotilloStart”

LICENSE AGREEMENT

NOTICE! BEFORE LAUNCHING THE “Fotillo” AND “FotilloStart” SOFTWARE, PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. USE OF THE PRODUCT, IN WHOLE OR IN PART, CONSTITUTES CONFIRMATION OF THE AGREEMENT AND ACCEPTANCE OF ITS TERMS. ACCEPTING THE TERMS OF THE AGREEMENT IS EQUIVALENT TO ENTERING INTO IT. IF THE USER DOES NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEY CANNOT USE THE SOFTWARE. IN THIS CASE, THE USER SHOULD RETURN THE UNUSED PRODUCT TO THE SELLER AND DELETE ALL COPIES FROM STORAGE MEDIA.

§ 1. DEFINITIONS:

  1. “Software” means all files accompanying this agreement, including “Fotillo” and “FotilloStart” software, sample or finished photos, graphics, and other works bundled with the Software, explanatory materials, printed and in file form (“Documentation”), and all updates and additions to such information provided to the User by ViewPro s.c. at any time, unless covered by a separate agreement (collectively referred to as “Updates”).
  2. “Subscription for updates and technical support” means a paid service giving access to technical support and the ability to perform both automatic and manual software updates.
  3. “ViewPro s.c.” means the producer of the Software, a civil partnership: ViewPro s.c. represented by Tomasz Mróz and Justyna Mróz, NIP: 522-301-93-35, REGON: 147452308, headquartered at Skoroszewska 2B/34, 02-495 Warsaw.
  4. “Additional license” means a paid license for access to additional Software features, such as the “internet functionality” allowing downloading and uploading photos via the cloud.

§ 2. TERMS OF THE AGREEMENT:

  1. This License Agreement constitutes an agreement between the User (a natural or legal person) and ViewPro s.c.
  2. Software License. As long as the User meets the conditions specified in this License Agreement (hereinafter referred to as the “Agreement”), ViewPro s.c. grants them a non-exclusive right to install and use the Software in accordance with its purpose and documentation and under the conditions specified below.
  3. The Software is licensed, not sold. ViewPro s.c. allows the User to copy, download, install, and use the Software only under the terms of this Agreement.
  4. The Software may be used in the User’s workspace, for one workstation (one computer).

§ 2.1. Activation Code

  1. A single license is provided with one unique activation code used in the Software activation process, generated based on the Token number and hardware ID, and can be used only once. The activation code is generated based on the hardware ID, visible upon launching the Software. After entering the code, the user can print either 700, 1400, or 2800 prints in the program. Each subsequent code can be purchased according to the prices listed in the price list or on www.viewpro.pl and www.fotillo.com.
  2. After purchasing the Software, the User is obliged to activate it, after which the Software will work in the basic version. Activation of the Software is a necessary requirement. Through activation, the purchased Software is assigned to the computer on which it was activated.
  3. Unused prints cannot be transferred to another computer workstation. Each use of the program on another computer generates a new hardware ID, based on which an individual activation code is generated.

§ 2.2. Reset Code

  1. In case of interference with the program configuration or auxiliary files, the user may be asked to provide a reset code. The previously generated activation code will not be accepted again, and a fee will be charged for generating a new code.
  2. Any change in the Token number or hardware ID requires a new reset code, which is generated by ViewPro s.c. and may involve additional costs.
  3. The reset code is used to restore the program’s functionality after modifying the configuration or auxiliary files, indicating a potential violation of the program’s integrity.

§ 2.3. Software Use Restrictions (TM)

  1. The User is provided with a lifetime Subscription for updates and technical support for a period of 1 month from the date of the last Software activation with a special code.
  2. The User may renew the Subscription for updates and technical support at any time for another 1 year for a fee specified by ViewPro s.c. THE RENEWAL OF THE SUBSCRIPTION FOR UPDATES AND TECHNICAL SUPPORT FOR ANOTHER YEAR ALWAYS STARTS THE DAY AFTER THE EXPIRATION DATE OF THE LAST SUBSCRIPTION FOR UPDATES AND TECHNICAL SUPPORT, NOT FROM THE DATE OF PURCHASING THE NEXT SUBSCRIPTION FOR UPDATES AND TECHNICAL SUPPORT!
  3. Distribution of copies of the Software is PROHIBITED. Only the number of copies necessary to install the Software and to create backup (archival) copies can be made. All created copies must include information about copyright and the use of the License.
  4. It is prohibited to use, copy, modify, or transfer the Software beyond the terms specified in this Agreement. The User cannot modify or adapt the Software. Decompiling, disassembling, or using other methods to discover the Software’s source code is prohibited. The User agrees not to increase the Software’s functionality.
  5. Transfer prohibition. LENDING, LEASING, SELLING, AND TRANSFERRING USER RIGHTS TO THE SOFTWARE AND PERMITTING COPYING OF ANY PART OF THE SOFTWARE TO A COMPUTER BELONGING TO ANOTHER PERSON OR ENTITY IS PROHIBITED, EXCEPT WHERE EXPRESSLY PERMITTED BY THIS LICENSE. The User may transfer all User rights to the Software to another person or entity, provided that: (a) simultaneous transfer of this agreement, hardware identification number, CDs with the Software along with all copies, extensions, updates, and previous versions, (b) issuance of all extensions, updates, and copies, including backup copies and copies saved on the Computer; and (c) the receiving party accepts the terms of this agreement and other conditions and rules that formed the basis for obtaining a valid license for the Software by the User. Before the transfer, the User must notify ViewPro s.c. in writing (e.g., via email).
  6. The licensor guarantees that the medium on which the Software was delivered is free from material defects and production faults. All Software is considered “as is” – without any express or implied warranty. The licensor is not responsible for any economic losses, data loss, work interruption, or other consequences arising from the use of the Software. The entire risk as to the quality and usability of the Software rests with the User. If the Software proves to be defective, the User bears the cost of necessary repairs or corrections. ViewPro s.c. does not guarantee that the functions contained in the Software will meet the User’s requirements, or that its operation will be error-free, and that detected Software defects will be removed in the future.

§ 2.4. Demo and Free Versions

  1. The Software can be downloaded for free in DEMO VERSION from our website. Use of the features is not limited. The only effect is the DEMO watermark on each photo. Using the DEMO version, photos can also be sent to us via the cloud, and we are entrusted with the image.
  2. We also offer a free version for which we generate a code upon purchasing printer paper. This license does not include technical support. The program only works with Citizen printers.
  3. The full version of the program, which the client pays for, allows for changing the printer and full access to all functions, including cloud and photo transfers from and to the photo booth. Additionally, such an activation code can be purchased with additional technical support for an additional fee, with support available 24 hours a day, 7 days a week (24/7).

§ 2.5. Technical Support

  1. Technical support is provided only on business days and hours from 9:00 to 16:00, unless additional telephone support has been purchased.
  2. Customers who purchase support will receive a direct phone number, where duty personnel will answer questions and assist in emergency situations 24 hours a day, 7 days a week (24/7).

§ 3. PERSONAL DATA PROTECTION

  1. ViewPro s.c. processes personal data in accordance with applicable data protection laws, including GDPR.
  2. The User declares that they have obtained all necessary consents for the processing of personal data, including images, from third parties whose data will be processed using the Software.
  3. The User agrees to inform their clients about the fact that personal data is processed by ViewPro s.c. and to obtain the necessary consents from them.
  4. ViewPro s.c. is not responsible for unlawful processing of personal data by the User.

§ 4. USE OF THE CLOUD

  1. Users who use the cloud functionality must obtain their clients’ consent for the data processing by ViewPro s.c. for the purpose of providing cloud services.
  2. ViewPro s.c. ensures that all data processed in the cloud is secured in accordance with best practices and applicable laws.
  3. The User may opt out of using the cloud at any time, but this will not result in a refund of the license fee.

§ 5. SUGGESTIONS AND COMMENTS (TM)

  1. The licensee may provide comments on the Software, including notes on crashes, errors, or other examples of faulty Software operation, and suggestions for additional features and functions or their changes – via email: contact@fotillo.com.
  2. During the Subscription period, the Licensor provides technical support by responding to questions submitted in the specified manner and strictly related to the Software. The Licensor does not guarantee the resolution of every technical problem that arises in connection with the use of the Software.
  3. In the absence of an active Subscription for updates and technical support, the licensee may provide comments on the Software, including notes on crashes, errors, or other examples of faulty Software operation, and suggestions for additional features and functions or their changes – via email: contact@fotillo.com. At the same time, the Licensor is not obligated to respond or react to any comments or suggestions.
  4. The licensee grants the Licensor an uninterrupted, irrevocable, royalty-free right to use and license (if applicable) the comments and suggestions introduced to the Software.

§ 6. CHANGES TO THE AGREEMENT

  1. ViewPro s.c. reserves the right to make changes to this License Agreement. Any changes will be communicated to Users in advance.
  2. Using the Software after changes have been made is equivalent to accepting them.

§ 7. FINAL PROVISIONS

  1. Matters not regulated by the provisions of this agreement are subject to the relevant provisions of the Civil Code and the Copyright and Related Rights Act.
  2. Any changes and additions to this agreement require a written form under penalty of nullity.
  3. Any disputes between entrepreneurs arising from this agreement will be subject to the local jurisdiction of the licensor’s court.
  4. The terms described in the Agreement – both express and implied – may not apply to some jurisdictions, causing the above limited warranty not to apply to a specific User. If any of the above provisions are not acceptable, please do not use the Software.
  5. If performance of this agreement or any obligations becomes hindered or limited by force majeure, government actions, public authority actions or government agencies, fires, floods, explosions, and other disasters, war, invasion, social unrest, or other violence, and any other actions or conditions beyond the control of either Party, the Party affected shall promptly notify the other Party and shall be released from fulfilling the Agreement proportionally to the extent of the limitation; provided, however, that the Party shall make every effort to avoid, remove, and limit the causes of non-compliance and shall continue to fulfill the Agreement immediately after removing these causes.

Privacy Policy and Cookies

General Information

Your personal data is protected by Tomasz Mróz and Justyna Mróz operating as ViewPro S.C. T.MRÓZ, J.MRÓZ, ul. Skoroszewska 2B loc. 34, 02-495 Warsaw, REGON: 147452308, NIP: 5223019335, email address contact@fotillo.com (hereinafter referred to as the “Administrator”). We take due care to ensure that your personal data is processed in compliance with applicable law.

DEFINITIONS

The terms used in this document mean:

  • Personal Data Administrator (hereinafter referred to as the Administrator) – Tomasz Mróz and Justyna Mróz operating as ViewPro S.C. T.MRÓZ, J.MRÓZ, ul. Skoroszewska 2B loc. 34, 02-495 Warsaw, REGON: 147452308, NIP: 5223019335.
  • Service – the website https://fotillo.com and all its subpages as well as the Fotillo and FotilloStart programs.
  • User – a natural person using the Service who provides personal data within the Service.
  • Personal Data – information about an identified or identifiable natural person through one or more factors determining the physical, physiological, genetic, mental, economic, cultural, or social identity, including image, voice recording, contact details, location data, information contained in correspondence, information collected using recording devices or other similar technology.
  • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC.
  • Terms and Conditions – Terms of Service available at https://fotillo.com.

How do we obtain your personal data?

We obtain your personal data through: voluntary entry of data in forms available on the websites belonging to the Administrator, cookies saved on end devices, and through photos taken in our photo booths during events or sending photos for prints from mobile devices.

How do we protect personal data?

We are committed to ensuring the security of the personal data we process. To this end, we design our services with your safety in mind. We have implemented appropriate procedures, policies, and safeguards. We conduct training on data protection, confidentiality, and security. We regularly review the safeguards implemented to ensure they are adequate for the security of processed personal data and compliant with GDPR.

Do personal data go outside the European Economic Area (EEA)?

Due to contracts with external entities, the Administrator may transfer personal data outside the European Economic Area. Data transfer occurs based on appropriate mechanisms guaranteeing data processing security.

What is the scope of data obtained?

The Administrator may obtain your data in the following scope:

  • email address,
  • first and last name,
  • phone number,
  • company,
  • address of residence and/or order address,
  • image (photos).

The specific scope of data obtained for a particular purpose is specified on the Administrator’s website in places where such data can be provided.

Use of data

We process your personal data for the following purposes:

  • concluding and performing a contract for electronic services via the Administrator’s internet platforms, including ensuring the proper quality of services,
  • fulfilling the legitimate interest of the Administrator related to actions regarding the establishment of conditions for concluding a Sales Agreement with the Client and facilitating communication related to its performance, as well as determining the persons responsible for implementation and authorized to contact within the performance of the agreement, in particular to place orders, receive order confirmations, receive invoices for the order,
  • responding to messages sent to the Administrator via the contact form on the website https://fotillo.com,
  • performing legal obligations incumbent on the Administrator, e.g., issuing and storing invoices and accounting documents, responding to complaints within the time and form provided by law,
  • considering your requests, complaints, and inquiries,
  • detecting and preventing abuses,
  • determining the legitimacy of claims, defending against claims, and pursuing claims,
  • upon obtaining your consent – for marketing purposes, sending newsletters, as well as direct marketing by the Administrator,
  • upon obtaining your consent – for recruitment purposes,
  • to contact you if our legitimate interest warrants it,
  • photos taken in our photo booths can be made available to clients via network drives or online galleries on fotillo.com. Clients can also download photos to their phones through a special solution enabling photo publication on the website and sharing special links.

Does the Administrator profile?

The Administrator does not profile in the sense of GDPR.

How long do we keep your personal data?

We store your data depending on the purpose for a specified time:

  • the duration of the contract, then for the period after which the claim arising from the contract becomes time-barred, and in case the Administrator pursues claims or notifies the appropriate authorities – for the duration of such proceedings,
  • performing obligations, e.g., issuing invoices,
  • the time required by law to store data, e.g., tax law,
  • the time necessary to consider your requests, complaints, inquiries,
  • the time during which the Administrator may face legal consequences for not fulfilling an obligation, e.g., receiving a financial penalty from state authorities,
  • the time necessary to assess payment reliability,
  • having your consent, i.e., until its withdrawal,
  • until you object if the basis for processing is the legitimate interest of the administrator,
  • photos taken in our photo booths are stored on our servers indefinitely unless the client requests their deletion. By default, these photos may be available for many years.

Principles we follow

We take due care to protect the interests of individuals whose data is concerned, and in particular, we strive to ensure that the data collected by the Administrator is:

  • processed lawfully, fairly, and transparently,
  • collected for specified, explicit, and legitimate purposes and not processed further in a manner incompatible with those purposes,
  • adequate, relevant, and limited to what is necessary for the purposes for which they are processed,
  • accurate and, where necessary, kept up to date,
  • processed in a manner that ensures appropriate security of personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures,
  • stored in a form that permits identification of the person to whom the data relates for no longer than is necessary for the purposes for which the data is processed.

When do we share your personal data with other entities?

We never sell the personal data we hold. We transfer your personal data to other recipients:

  • when we use the services of cooperating entities or our subcontractors, which applies in particular to accounting offices and marketing agencies, transport companies, and suppliers responsible for servicing IT systems. To ensure the highest level of services, we may use the services of other companies, entrusting them with the processing of your personal data on our behalf. At the same time, we ensure that your personal data is treated as if we were processing it directly. We carefully select external entities we cooperate with, sharing only the personal data necessary for their services. We ensure that your personal data is secure.
  • when we are legally obliged to transfer your data to other organizations,
  • when necessary to protect the vital interests of the data subject or another natural person.

What rights do you have?

You have full control over your personal data. You have the right to:

  • access the data we hold as a data controller,
  • obtain a copy of the personal data being processed,
  • request the rectification of your personal data,
  • withdraw consent to the processing of personal data if the basis for processing is your consent,
  • object to the processing of data if the processing is based on our legitimate interest,
  • restrict the processing of your personal data,
  • transfer your personal data,
  • request the deletion of your personal data, unless we have a legal obligation to process it,
  • lodge a complaint with the President of the Personal Data Protection Office (UODO) at the address: ul. Stawki 2, 00 – 193 Warsaw,
  • request the deletion of photos: Clients have the right to request the deletion of photos taken in our photo booths. To exercise this right, please contact us at the email address: contact@fotillo.com.

Cookies mechanism on the Administrator’s websites

Cookies are small text information placed on the user’s end device to:

  • provide the service offered by the website and ensure the highest convenience of using the service (e.g., saving and remembering settings and preferences), entering and saving certain information, automatic logging in,
  • create counters, statistics, monitor activity, and evaluate the use of the site by visitors,
  • create reports on website traffic for site operators and provide other services related to website traffic and internet usage.

The user may opt-out of the use of cookies by selecting the appropriate settings in the browser; however, it should be noted that in such a case, the use of all website functions may not be possible.

How can you contact the Administrator?

For any other questions or comments regarding this policy, you can contact us:

  • by mail to the address provided in point 1 of this policy,
  • by email to the address provided in point 1 of this policy.

Can the privacy and cookies policy change?

The Administrator reserves the right to change and update the Privacy Policy. Each time we make changes, we will publish a new version of the privacy policy on our website.

 

 

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