Terms of Service — TonMiro Systems

§ 1. Definitions

Terms used in these Terms of Service have the following meaning:

Service Provider — Lexine Gawek i Kielar spółka jawna (general partnership) with its registered office in Kraków, ul. Witkowicka 82, 31-242 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0000335571, tax ID (NIP) 7010197031, statistical number (REGON) 141990967, operating under the brand TonMiro Systems; e-mail: info@tonmiro.com, telephone: +48 797 533 645.
Website — the website available at tonmiro.com together with its subpages, operated by the Service Provider.
System (TonMiro Systems) — software made available by the Service Provider over the Internet (SaaS model) for recording, controlling and analysing the operation of an aggregate quarry, gravel pit or processing plant: weighing and dispatch, machines and vehicles, refuelling and fuel consumption, oils, filters, particle-size measurements, production hours and other areas described on the Website; including all its modules, updates, documentation and help materials.
Customer — an entrepreneur within the meaning of Article 43¹ of the Polish Civil Code (a natural person conducting business activity, a legal person or an organisational unit) who has concluded an Agreement with the Service Provider or is negotiating its conclusion. The System is intended exclusively for entrepreneurs and institutional entities; it is not offered to consumers.
Agreement — the agreement for use of the System concluded between the Service Provider and the Customer under the rules described in § 5, of which these Terms and the Data Processing Agreement form an integral part.
Plan — a subscription variant defining the scope of modules, limits and level of support (Starter, Standard, Optimal, Individual), described on the Website under "Pricing".
User — a natural person using the System on behalf of the Customer under an account assigned by the Customer or the Service Provider (e.g. owner, manager, weighbridge operator, mechanic, driver).
Customer Data — all data, documents, photographs, measurements and other content entered into the System by the Customer or Users or migrated to the System at the Customer's request, including personal data of Users and third parties.
Billing Period — a calendar month, unless the Agreement provides otherwise.
Business Day — any day from Monday to Friday, excluding public holidays in Poland.
Price List — the current prices of Plans and additional services published on the Website.
Data Processing Agreement — the agreement on entrusting the processing of personal data within the meaning of Article 28 GDPR, constituting Annex 1 to these Terms.

§ 2. General provisions

These Terms set out the rules for using the Website and the rules under which the Service Provider provides access to the System on a subscription basis, including the conditions for concluding and terminating the Agreement, the scope of services, payments, the parties' liability and the complaints procedure.
These Terms constitute terms of provision of services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the provision of services by electronic means.
The Terms are made available free of charge on the Website in a form that allows them to be downloaded, saved and printed. On request, the Service Provider sends the Terms in PDF format.
Using the Website and concluding the Agreement constitutes acceptance of the Terms. In the event of a conflict between the Terms and a written Agreement, the Agreement prevails.
The rules for processing personal data are described in the Privacy Policy, and the rules for entrusting personal data contained in the System — in the Data Processing Agreement. The rules of the referral programme are described in the Partner Programme Terms.

§ 3. Services provided on the Website

Through the Website the Service Provider provides the following services by electronic means, free of charge:
1. providing information about the System, Plans, prices, the implementation process and the partner programme;
2. a contact form for requesting a presentation (demo) of the System or asking a question;
3. a referral form for the partner programme;
4. providing video materials and supporting documents.
The agreement for the services referred to in section 1 (a) and (d) is concluded upon entering the Website and terminates upon leaving it. The agreement for the form service is concluded upon sending the form and terminates when the Service Provider replies.
Sending a form is not equivalent to concluding an Agreement for use of the System and does not create any payment obligation for the Customer.
A presentation of the System (demo) takes place online, by telephone or at the Customer's premises, at a time agreed with the Customer. The presentation is free of charge. A visit to the Customer's premises may involve travel and accommodation costs if the parties agree so before the visit.

§ 4. Technical requirements

Using the Website and the System requires:
1. a device with Internet access (computer, tablet or telephone);
2. a current version of a web browser with JavaScript and cookies enabled (Chrome, Edge, Firefox, Safari — in versions released no earlier than 24 months before the date of use);
3. an active e-mail account — for creating User accounts and contacting the Service Provider.
The System runs in a browser and does not require installing software on the Customer's devices. Integration with a weighbridge or other devices may require additional software or hardware, which is agreed as part of implementation (§ 7).
The Service Provider is not liable for lack of access to the System resulting from failure to meet the technical requirements, failure of the Customer's Internet connection or the operation of third-party software on the Customer's devices.

§ 5. Conclusion of the Agreement for use of the System

Information about Plans and prices on the Website constitutes an invitation to conclude a contract within the meaning of Article 71 of the Polish Civil Code, not an offer.
The Agreement is concluded in one of the following ways:
1. by both parties signing the Agreement in written or documentary form (including a scan of the signed agreement sent by e-mail);
2. by the Customer accepting by e-mail the Service Provider's offer specifying the Plan, price, start date and any additional services — upon confirmation of acceptance by the Service Provider;
3. by payment of the first invoice issued on the basis of the agreed offer — if the Customer has not previously made an express statement of acceptance.
The person concluding the Agreement on behalf of the Customer declares that they are authorised to do so.
Before concluding the Agreement, the Customer may use a trial period or a presentation on its own data if the Service Provider so offers. The trial period applies only to the Starter Plan, lasts 30 days and is free of charge. The Service Provider activates it after the Customer has submitted its details via the contact form and after a conversation with the Customer, exclusively for entrepreneurs engaged in extraction or aggregate production; the Service Provider provides the access details for the pilot panel after the conversation. The trial period starts on the day the account is activated, not on the day of the request. Each Customer (one tax identification number, NIP) is entitled to one trial period. The weighbridge module remains free of charge even after the trial period ends. After the trial period ends, the Agreement does not automatically convert into a paid variant without the Customer's express consent.
The Service Provider may refuse to conclude an Agreement without giving reasons, in particular where the Customer is in arrears under earlier agreements or where the expected scope of service goes beyond the capabilities of the System.

§ 6. Plans, modules and scope of the System

The System is provided in the following Plans: Starter, Standard, Optimal and Individual. The current scope of modules, limits and support in each Plan is defined in the Price List and under "Modules" on the Website. The scope applicable to the Customer is recorded in the Agreement or offer on the day of its conclusion.
Basic modules (including machine and vehicle records, nameplates, refuelling and fuel, filters, manuals, the weighbridge module) are available in every Plan. Analytical and process modules (including particle-size distribution and grading curve, control chart, AI analytics, production hours and process) are available in higher Plans or as additional modules — in accordance with the Price List.
Modules are launched in stages, in an order agreed with the Customer. Launching a module that requires historical data (e.g. analytics) may be postponed until sufficient data has accumulated in the System.
The Customer may at any time upgrade to a higher Plan — the change applies from the date agreed by the parties, and the fee for the current Billing Period is settled pro rata. A downgrade applies from the beginning of the next Billing Period, after notice of at least 14 days.
Dedicated modules. At the Customer's request, the Service Provider may prepare a module tailored to the Customer's process. The scope, price, deadline and rules of use of the module are set out in a separate arrangement; information about the Customer's process used in building the module is covered by confidentiality (§ 16).
The Service Provider develops the System on an ongoing basis. It may add, change and remove functions, provided that the changes do not materially limit the functionality for which the Customer pays. The Service Provider gives at least 30 days' notice of the removal or material change of a function.
Modules marked in the System as "beta" or "test version" are provided as is, may operate incompletely and are not covered by the availability guarantee or the support deadlines in § 10.

§ 7. Implementation and data migration

Implementation includes: creating the Customer's account and User accounts, configuring the modules selected for the start, migrating data from the Customer's existing spreadsheets or documents, training Users (online, by telephone or — if necessary — at the Customer's premises) and assistance during the first days of work.
Implementation is a paid service according to the Price List, unless the Agreement or Plan provides otherwise. Implementation of the weighbridge module (integration with the Customer's weighbridge) is charged separately in the Starter and Standard Plans and is included in the price of the Optimal and Individual Plans.
The Customer undertakes to provide the data to be migrated in the agreed form (e.g. access to a spreadsheet, files, photographs of documents) and to designate a contact person responsible for implementation. The Service Provider migrates data with due diligence but is not liable for errors resulting from incomplete or incorrect source data.
The first modules are usually launched within a few Business Days of receiving the data; the implementation date for the weighbridge module depends on the type of weighbridge and is agreed individually.
Implementation is deemed complete when the Customer is given access to the configured modules and training has been carried out, or — if the Customer raises no objections — 7 Business Days after access is granted.

§ 8. Fees and payments

The Customer pays the Service Provider a monthly subscription fee in the amount set for the selected Plan in the Price List in force on the date of conclusion of the Agreement (list prices as at the publication date of these Terms: Starter PLN 570, Standard PLN 1,670, Optimal PLN 2,570, Individual — quotation), taking into account any promotion used by the Customer (section 7). Prices in the Price List are net prices; VAT at the applicable rate is added.
The subscription fee is payable in advance for each Billing Period, on the basis of a VAT invoice issued by the Service Provider, within 14 days of the invoice date, by transfer to the account indicated on the invoice. For the first, incomplete Billing Period the fee is calculated pro rata to the number of days.
Additional services (implementation, weighbridge module implementation, dedicated module, development work outside the subscription, additional training, visits to the Customer's premises) are charged according to the Price List or a separate quotation accepted by the Customer, on the basis of a VAT invoice payable within 14 days.
Invoices are issued and made available in accordance with applicable law, in particular via the Polish National e-Invoicing System (KSeF) where it applies to the invoice in question. The Customer consents to invoices being issued and sent electronically; outside KSeF, the Service Provider may send the invoice, its visualisation or a notice of its issue to the e-mail address indicated in the Agreement.
In the event of late payment the Service Provider may charge statutory interest for late payment in commercial transactions. If the delay exceeds 14 days, the Service Provider may — after a prior e-mail demand setting an additional 7-day deadline — suspend access to the System until the amount due is settled. Suspension does not release the Customer from the obligation to pay for the suspension period and does not result in deletion of Customer Data.
Changes to the Price List apply to new Agreements and new additional services. The subscription price agreed for an existing Customer is not subject to change, except for indexation by the cumulative consumer price index (CPI, Statistics Poland) for the period since the last price change, applied no more often than once every three years, after notifying the Customer by e-mail at least 30 days before it is applied. A change of the Plan scope at the Customer's request results in the price applicable to the new Plan on the day of the change. A Customer who does not accept the indexation may terminate the Agreement with effect at the end of the Billing Period preceding its entry into force.
The Service Provider may run time-limited promotions, in particular a reduced Plan price for a specified period, a discount for paying in advance for a longer period, or a free trial period. The terms of a promotion — the promotional price, the period for which it applies, the deadline for taking it up and the Plans it covers — are set out in the Price List, in an announcement on the Website or in an offer sent to the Customer. Announcing, changing or ending a promotion does not constitute an amendment to these Terms. A Customer who concluded the Agreement on promotional terms pays the promotional price for the period stated in the promotion and, after that period, the list price of the Plan in force on the date of conclusion of the Agreement, subject to section 6. Promotions cannot be combined unless their terms provide otherwise.

§ 9. Term of the Agreement and termination

The Agreement is concluded for an indefinite period. The Service Provider does not require multi-year commitments; the only minimum period of use is three full Billing Periods (section 3).
Either party may terminate the Agreement with effect at the end of the last paid Billing Period (month) — without any additional notice period. Termination requires documentary form (an e-mail to the address indicated in the Agreement is sufficient) and should reach the other party before the end of that month.
In every Plan, the Customer undertakes to pay for at least three full Billing Periods, counted from the end of the free trial period (§ 5(4)) or, if the Customer did not use it, from the activation of access to the System. Earlier termination by the Customer does not release it from paying the fee for the remaining Billing Periods up to a total of three; this does not apply to termination for reasons attributable to the Service Provider (section 5).
The Service Provider may terminate the Agreement with immediate effect if the Customer:
1. is more than 30 days in arrears despite a demand and an additional deadline;
2. uses the System unlawfully or contrary to the Terms, in particular in breach of § 11 (5) or § 14;
3. makes the System available to third parties outside its own organisation without the Service Provider's consent.
The Customer may terminate the Agreement with immediate effect if the Service Provider materially and culpably fails to perform the Agreement (in particular where unavailability of the System attributable to the Service Provider exceeds a total of 5 Business Days in a Billing Period) and does not remedy the breach within 14 days of a demand.
Termination of the Agreement does not release the Customer from the obligation to pay the fee due up to the date of termination. Fees paid in advance for the period after termination are refunded pro rata, except in the cases referred to in section 4.
The consequences of termination for Customer Data are described in § 12.

§ 10. System availability and support

The Service Provider makes every effort to keep the System available around the clock and declares availability of 99 % per month. Availability is calculated as the percentage of time in a given calendar month during which the production functions of the System are available to Users, excluding planned maintenance windows announced in accordance with section 2 and causes beyond the Service Provider's control: force majeure (§ 20), Internet network failures outside the hosting infrastructure, attacks on infrastructure of a scale exceeding standard safeguards, and failures of the external infrastructure provider that the Service Provider could not avoid despite due care in selecting, configuring and supervising the service and taking reasonable emergency measures. Unavailability means the inability to log in or use the basic functions (weighing, refuelling, records) by the majority of the Customer's Users, confirmed by the Service Provider's monitoring; the monitoring data forms the basis of the calculation, and the Customer may present evidence to the contrary.
Planned maintenance windows (updates, service work) are, where possible, carried out outside 6:00–22:00 on Business Days and announced in the System or by e-mail at least 24 hours in advance. Updates that do not require an interruption of access are not announced.
Support. Requests are accepted by e-mail at info@tonmiro.com and by telephone on Business Days between 8:00 and 16:00. The scope of support depends on the Plan (Price List).

Response and resolution times. Unless the Agreement provides otherwise:

Type of request	Example	Response	Resolution
Critical failure	System unavailable, weighing or refuelling cannot be saved	within 4 business hours	usually the same day, at the latest the next Business Day
Bug	A function works incorrectly but work can continue	next Business Day	usually the next Business Day, at most within a few Business Days
Minor fix or question	Label change, "how do I…" question	next Business Day	as agreed
New module or function	Extension of the System at the Customer's request	quotation within 5 Business Days	from one week to several weeks, depending on the agreed scope

In the Optimal and Individual Plans, minor fixes and modifications within the System are carried out as part of the subscription, to the extent defined in the Price List. Work exceeding that extent, and development work in the Starter and Standard Plans, is charged as development work outside the subscription according to the Price List.
The deadlines in section 4 are declared deadlines; exceeding them through the Service Provider's fault entitles the Customer to a reduction of the fee for the given Billing Period in proportion to the time during which a critical function was unavailable, but by no more than the fee for that Period. This is the Customer's sole remedy in this respect, subject to § 9 (5).

§ 11. User accounts and rules of use

User accounts are created by the Service Provider at the Customer's request or by the Customer itself, if the Plan so provides. The Customer defines the roles and permissions of Users (e.g. owner, manager, weighbridge operator, mechanic, driver). The number of accounts may be limited depending on the Plan.
The Customer is responsible for the actions of Users in the System as for its own, for the confidentiality of logins and passwords and for promptly reporting any loss of control over an account. The Customer undertakes to remove or block the accounts of persons who are no longer authorised (e.g. former employees).
Passwords are stored in the System exclusively as cryptographic hashes. The Service Provider never asks for a password by e-mail or telephone.
By default, login to the System is single-factor (login and password). At the Customer's express request, made in documentary form, the Service Provider enables a second authentication factor for the Customer's Users: confirmation of a login from a new, unknown device by a code sent to the User's e-mail address (a trusted device is remembered for 180 days). The Service Provider may require the second factor to be enabled for privileged accounts (owner, administrator) or where justified by a risk assessment. The Customer is obliged to cooperate in applying security measures appropriate to the risk, in particular to use secure passwords and to consider enabling the second factor.
It is prohibited to:
1. enter unlawful content into the System, including personal data of third parties without a legal basis;
2. take actions that may disrupt the operation of the System, circumvent security measures, test vulnerabilities without the Service Provider's written consent, or automatically download data in a way that burdens the System;
3. give access to the System to entities outside the Customer's organisation, including the Service Provider's competitors;
4. copy, decompile or reverse-engineer the System's source code or create derivative works based on it.
The Customer is solely responsible for the accuracy, completeness and lawfulness of Customer Data and for decisions made on its basis. The Service Provider does not verify Customer Data on the merits.

§ 12. Customer Data, export and end of cooperation

The Customer retains all rights it holds in Customer Data. With respect to personal data, the roles of the parties are set out in the Data Processing Agreement. The Service Provider acquires no rights to Customer Data beyond the authorisation to process it technically to the extent necessary to perform the Agreement, make backups and develop the System (section 6).
During the term of the Agreement the Customer may at any time export Customer Data in a commonly used format (XLSX/CSV spreadsheet, PDF files, images) — independently, if the System provides such a function, or at a request addressed to the Service Provider, fulfilled free of charge within 5 Business Days.
After termination of the Agreement the Service Provider:
1. within 14 days provides the Customer with a full export of Customer Data in the format referred to in section 2 — free of charge;
2. for a Customer whose Agreement lasted at least 12 months, at the Customer's choice (notified by the end of the Agreement or within 90 days thereafter), maintains free read-only access to the System — indefinitely, for as long as the Service Provider provides the System service; the access covers viewing, searching, printing and export, without the possibility of adding or editing data. This choice constitutes a further instruction to store and process the data to a limited extent; the Customer may at any time end the read-only mode and request deletion of the data. Instead of read-only mode the Customer may choose export and deletion of the data or transfer of the data to another provider (§ 12a). If the Service Provider intends to discontinue the System service, it informs the Customer at least 6 months in advance and provides a full export of Customer Data again;
3. if the Agreement lasted less than 12 months — 90 days after termination of the Agreement permanently deletes Customer Data from the System and from backups in their rotation cycle; in the case referred to in point (b), deletion takes place after the read-only access ends — unless a legal provision requires further retention or the Customer has earlier requested deletion in writing.
For a Customer whose Agreement lasted less than 12 months, the Service Provider may, at a request submitted before deletion of the data, provide read-only access for a fee; for any Customer it may prepare an export in another format for a fee.
After termination of the Agreement the Service Provider may retain data necessary for settlements, for establishing, pursuing or defending claims and for fulfilling legal obligations (e.g. invoices) — for the period required by law.
Anonymised and aggregated data. The Service Provider may use statistical data originating from the System in anonymised and aggregated form (which does not allow identification of the Customer, its plant, employees or contractors) for developing the System, improving analytical functions and industry comparisons. Such data is not Customer Data within the meaning of section 1 and may be retained after termination of the Agreement.

§ 12a. Switching provider and data portability (Data Act)

At the Customer's request the Service Provider enables switching to another data processing service provider, transfer of Customer Data to the Customer's own infrastructure or deletion of the Customer's exportable data and digital assets — in accordance with Regulation (EU) 2023/2854 (the "Data Act").
The switching process is initiated by termination of the Agreement or a request by the Customer in documentary form; the notice period initiating this process does not exceed 30 days. After its expiry a transitional period of 30 calendar days begins, during which the Service Provider provides reasonable assistance to the Customer and the new provider designated by the Customer, maintains continuity of the service and an appropriate level of security. The Customer may extend the transitional period once by a period appropriate to its needs, in accordance with Article 25(5) of the Data Act. Throughout the transitional period the Agreement remains in force and the Service Provider provides the service on the existing terms.
If switching within the 30-day period is technically unfeasible, the Service Provider notifies the Customer within 14 business days of the request, states the reasons and proposes an alternative transitional period of no more than 7 months. Once the process is completed, the Service Provider confirms to the Customer in documentary form that the switch has been completed and the date on which the Agreement ends.
Known risks to service continuity during switching: an interruption of access to the System at the moment of cut-over, the need to re-create accounts and permissions with the new provider, differences in data structure requiring mapping on the new provider's side, and the possible loss of functions that have no equivalent in the target system. The Service Provider informs the Customer of these risks before the transitional period begins and helps the Customer to mitigate them.
Exportable data comprises at least input and output data and metadata directly or indirectly generated or co-generated through the use of the System — excluding data and assets of the Service Provider protected by intellectual property rights, trade secrets or related to the security of the System, insofar as such exclusion does not impede the switching process. The exclusion covers only: the source code, configuration and architecture of the System; internal security logs and infrastructure monitoring data; algorithms, models and parameters of the analytical functions; the Service Provider's internal dictionaries and reference data not originating from the Customer; data of other customers. The exclusion does not cover data entered by the Customer or results generated for the Customer by the System.
After the end of the transitional period the Customer has at least 30 calendar days to retrieve the data. After that period and after successful completion of the switch, the Service Provider deletes the Customer's exportable data and digital assets, unless the Customer has agreed with the Service Provider on their further storage (in particular the read-only mode under § 12(3)(b)) or further storage is required by law. Deletion from the production environment takes place without delay; backups containing that data remain encrypted and isolated from the production environment until the end of the rotation cycle (§ 13), are not used for any processing, and if a backup is restored in an emergency, the deletion instruction is executed again.
Export formats (XLSX, CSV, PDF, images in source formats), data structures, known technical limitations and the switching procedure are described in the export documentation available in the System ("Help" section) and provided by e-mail on request; the Service Provider updates this description as the System develops.
The Service Provider charges no fees for switching activities required by the Data Act; this does not apply to additional services beyond the statutory obligations (e.g. preparing an export in a non-standard format or converting data for another provider's system), settled according to the Price List or a separate quote.
The provisions of this section apply independently of § 12 and do not limit the Customer's rights under the Data Act.

§ 13. Backups and security

The System and Customer Data are stored on servers located in Poland with the hosting provider cyberfolks.pl (formerly kei.pl). Data is not transferred outside the European Economic Area.
The Service Provider makes backups of Customer Data: incremental daily and full once a week. Backups are stored in a location separate from the production server and, additionally, periodically on external media outside the hosting infrastructure. Backups are retained for 30 days (incremental) and 12 months (full).
In the event of a failure, the Service Provider restores the System from the latest backup usually the same day, at the latest the next Business Day. Data loss in such a case may cover data entered after the last backup was made (at most 24 hours).
Access to the System takes place exclusively over an encrypted connection (HTTPS). Access to the infrastructure on the Service Provider's side is limited to authorised persons, secured with keys and passwords, and access events are logged.
Detailed technical and organisational measures for the protection of personal data are described in the Data Processing Agreement.
The Customer is obliged to use secure passwords, not to share accounts and to report promptly any suspicion of unauthorised access.

§ 14. Intellectual property and licence

The System, its source code, interface, database structure, analytical algorithms, documentation, training and video materials, and the TonMiro Systems name and logo are protected by copyright and other intellectual property rights and are the property of the Service Provider or of entities with which the Service Provider cooperates.
For the term of the Agreement the Service Provider grants the Customer a non-exclusive, non-transferable licence, limited territorially to the Customer's place of business, to use the System through the Customer's Users, solely for the purposes of the Customer's own business activity, to the extent resulting from the Plan.
The licence does not include the right to sublicense, rent, make the System available to third parties (including affiliated companies without a separate agreement), modify or decompile it, or use the System to build a competing product. The prohibitions set out in the Terms (including § 11(5)(d)) apply subject to the mandatory rights of the user of a computer program, in particular those arising from Article 75(2)–(3) of the Polish Act on Copyright and Related Rights.
Help materials and training videos made available in the System are intended exclusively for the Customer's Users; their public dissemination is prohibited.
The Customer authorises the Service Provider to process Customer Data technically to the extent necessary to perform the Agreement (storage, processing, backups, presentation to Users) and, with respect to content protected by copyright (e.g. photographs, documents), grants for the term of the Agreement a free, non-exclusive licence to the extent necessary to provide the service.
Comments, suggestions and feature proposals submitted by the Customer may be used by the Service Provider to develop the System without any obligation of remuneration and without restriction, unless the parties agree otherwise in a dedicated-module arrangement.

§ 15. Analytics and AI-assisted functions

The System contains analytical functions (including grading curve, control chart, cost per tonne, fuel consumption indicators, recommendations), some of which use artificial intelligence (AI) models. The results of these functions are auxiliary and informational in nature: they reveal relationships in the data but do not replace the Customer's decisions, engineering judgement, laboratory tests or documents required by law (e.g. declarations of performance, tests under harmonised standards).
Analytical results depend on the quality and completeness of Customer Data. The Service Provider does not guarantee that recommendations will bring a specific economic or technological effect. Production, commercial and investment decisions made on the basis of System results are made at the Customer's own risk.
The System's analytical functions, including those based on artificial intelligence, are executed on the Service Provider's infrastructure. Customer Data is not transferred to external providers of artificial intelligence models and is not used to train third-party models.
The Service Provider may improve analytical algorithms on the basis of anonymised and aggregated data (§ 12 (6)).

§ 16. Confidentiality

The parties undertake to keep confidential information obtained in connection with the Agreement, in particular: Customer Data, information about the Customer's processes, costs, contractors and results, the commercial terms of the Agreement and information about the structure and security of the System.
The confidentiality obligation does not apply to information that is publicly available, known to a party earlier from a lawful source, or whose disclosure is required by law or a competent authority.
The Service Provider may disclose confidential information to its subcontractors (hosting, accounting, IT support) to the extent necessary to perform the Agreement, after binding them to confidentiality.
The confidentiality obligation applies for the term of the Agreement and for 3 years after its termination, except for information constituting a trade secret, for which it applies for as long as the information retains that character, and for Customer Data and personal data — for the period resulting from the Agreement, the Data Processing Agreement and the law.

§ 17. Liability

The Service Provider is liable for non-performance or improper performance of the Agreement on general principles, subject to the limitations set out in this section. Liability covers only actual loss which the Customer demonstrates to have arisen in an adequate causal link with defective operation of the System or another breach of the Agreement by the Service Provider.
The Service Provider's total liability towards the Customer under the Agreement, regardless of the legal basis and the number of events, is limited to six times the monthly net subscription fee applicable to the Customer in the month in which the event giving rise to the damage occurred (and, if the Agreement has lasted less than 6 months, to the total fees actually paid). In the event of loss of or damage to Customer Data, liability is additionally limited to the reasonable cost of restoring the data from the last backup or the last export made by the Customer.
The Customer notifies the Service Provider of a defect of the System or of damage without delay, and no later than 30 days after discovering it, and cooperates in limiting its effects (in particular by providing the information needed for analysis). The Service Provider is not liable for damage that could have been avoided or limited through timely notification and cooperation.
The System is a supporting tool and does not replace records required by law (in particular accounting and tax records, extractive waste records or weighing settlements with contractors), which the Customer keeps independently. The Service Provider recommends that the Customer periodically export Customer Data on its own (§ 12(2)).
The Service Provider is not liable for lost profits, production downtime, loss of contracts, contractual penalties imposed on the Customer by third parties, or indirect damage.
The limitations in sections 1–5 do not apply to damage caused intentionally, to damage caused by gross negligence in performing the obligations concerning access to, use and transfer of Customer Data (§ 12 and § 12a, Regulation (EU) 2023/2854), or to any other extent to which a limitation of liability is not permitted by law.
The Service Provider is not liable for:
1. the consequences of the Customer's decisions made on the basis of data and analyses from the System (§ 15);
2. irregularities resulting from incorrect, incomplete or outdated Customer Data;
3. actions and omissions of Users, including data loss caused by deletion by a User;
4. unavailability of the System caused by the reasons indicated in § 10 (1);
5. the operation of the Customer's devices (weighbridges, controllers, sensors) and third-party software.
The Customer is liable towards the Service Provider for damage resulting from breach of § 11 (5) and § 14 and holds the Service Provider harmless from third-party claims arising from the unlawful nature of Customer Data.

§ 18. Complaints

Complaints concerning the Website, the System or settlements may be submitted by e-mail to info@tonmiro.com or in writing to the Service Provider's registered office.
A complaint should include: the Customer's name, a description of the problem, the date and circumstances of its occurrence and — where possible — screenshots or other materials.
The Service Provider examines a complaint within 14 days of receipt and informs the Customer of the outcome by e-mail. If examination requires additional information, the deadline runs from its receipt.
Complaints concerning invoices should be submitted within 14 days of receipt of the invoice; submitting a complaint does not suspend the obligation to pay the undisputed part of the invoice.

§ 19. References

The Service Provider may list the Customer among its customers (company name, town, industry) on the Website and in offer materials only after obtaining the Customer's consent expressed in the Agreement or by e-mail. Consent may be withdrawn at any time.
Publication of an opinion, logo, photographs of the plant or a case study requires the Customer's separate, express consent as to content and scope.

§ 20. Force majeure

Neither party is liable for non-performance of the Agreement caused by force majeure — an external event that could not be foreseen or prevented, in particular a natural disaster, acts of war, a general strike, an extensive failure of the power or telecommunications network, or an attack on the hosting infrastructure on a scale exceeding standard security measures.
The party affected by force majeure immediately informs the other party and takes steps to limit the consequences. If force majeure lasts longer than 30 days, either party may terminate the Agreement with immediate effect.

§ 21. Amendments to the Terms

The Service Provider may amend the Terms for important reasons: changes in the law, changes in the scope or manner of providing services, technological changes, security considerations, or the need to clarify provisions.
The Service Provider informs Customers of an amendment by e-mail and on the Website at least 30 days before it enters into force, indicating the scope of the changes.
A Customer who does not accept the changes may terminate the Agreement within 30 days of notification, with effect on the date the changes enter into force. Failure to terminate constitutes acceptance of the amended Terms.
Changes to the Price List follow the procedure in § 8 (6). Editorial changes that do not affect the Customer's rights and obligations do not require the procedure in sections 2–3.

§ 22. Final provisions

The Terms and the Agreement are governed by Polish law.
The parties will endeavour to resolve disputes arising from the Agreement amicably. Failing agreement within 30 days, the dispute is resolved by the common court having jurisdiction over the Service Provider's registered office.
The Customer may not transfer its rights and obligations under the Agreement to a third party without the Service Provider's consent. The Service Provider may transfer its rights and obligations under the Agreement to an entity that takes over the operation of the System (e.g. a company spun off for the TonMiro Systems brand), after notifying the Customer; in such a case the Customer may terminate the Agreement in the manner set out in § 21 (3).
If any provision of the Terms proves invalid or ineffective, the remaining provisions remain in force, and the parties will replace the defective provision with a valid one closest to the economic purpose of the replaced provision.
Correspondence between the parties takes place in documentary form to the e-mail addresses indicated in the Agreement. A statement sent by e-mail is effective when it has been entered into the addressee's means of electronic communication in such a way that the addressee could read its content. The parties inform each other of changes of address; upon receiving an automatic non-delivery notice, the sender attempts contact through another known channel.
Documents related to the Terms:
- Annex 1 — Data Processing Agreement — forms an integral part of the Agreement to the extent that the Customer entrusts the Service Provider with the processing of personal data;
- Annex 2 — Privacy Policy — an information document describing the processing of personal data by the Service Provider (Articles 13 and 14 GDPR); it does not create contractual rights or obligations of the Customer;
- Annex 3 — Partner Programme Terms — binding only on entities that have joined the referral programme on the terms set out therein; concluding the Agreement does not mean joining the programme.
The Terms and their annexes have been drawn up in Polish. Translations into other languages are for information purposes only; in the event of any discrepancy, the Polish version prevails.
The Terms enter into force on 15 September 2026. Changes introduced in version 1.1 apply from 4 October 2026 and those in version 1.2 from 9 October 2026; for Agreements concluded earlier they apply in accordance with § 21.

Additional documents

Ready-to-use forms for the employer — employee or contractor relationship. They are not part of this document; we provide them to make it easier to meet GDPR obligations at the site (one copy per person; fields left blank). Adapt each form to the law applicable to you before use; the Polish version is the reference text.

Who signs with whom. The authorisation is signed by the site as data controller and the authorised person — an employee, contractor or driver. The information notice is issued by the site, and the employee, contractor or driver signs to confirm they have read it. TonMiro Systems is not a party to either form — the relationship between the site and us is governed by the data processing agreement.

Polish originals: authorisation · information notice.

Terms of Service of the tonmiro.com website and the TonMiro Systems service