Terms And Conditions Of The Rotat Mobile App
I. General Provisions
- These Terms and Conditions set out the general rules for the use of the ROTAT Mobile App for Mobile Devices (hereinafter: „Mobile App” or „App„) maintained by Tomasz Pańkowski, operating under the business name of Tomasz Pańkowski ROTAT, entered into the register of entrepreneurs of the Central Registration And Information On Business kept by the minister competent for economy, address: ul. Bolesława Chrobrego 79e, 80-414 Gdańsk, NIP (Tax Identification Number): 5842843635, REGON (National Business Registry Number): 526908382.
- The App is service-oriented and is part of the ship management software for shipowners. The Mobile App is designed for the crew members of a shipowner’s vessel and is used to provide crew members with all the necessary information, including in particular the dates of planned voyages.
- Contact with the Service Provider is made via:
- email at: ;
- telephone at: +48 691614221
- These Terms and Conditions are made available by the Service Provider continuously and free of charge in the Mobile App, in a manner that allows Users to obtain, reproduce and record their content by printing or saving on a medium at any time through the IT system used by the User.
- All rights in the Mobile App and all materials contained therein, including author’s economic rights, intellectual property rights pertaining to its name, forms, images, logos, belong to the Service Provider or its cooperating parties, and may only be used in the manner specified in and in accordance with the Terms and Conditions
- It is prohibited to copy, reproduce, modify, multiply or disseminate any part of the App, Service or its elements without the prior written consent of the Service Provider, except for cases expressly permitted by applicable laws and the Terms and Conditions. The Service Provider may take steps, including legal proceedings, to protect its interests and those of Users.
- These Terms and Conditions set out in particular the rules for the use of the Mobile App, types and scope of Services, conditions for the provision of Services, conditions for conclusion and termination of agreements on the provision of Services and the complaint procedure.
- The Service Provider hereby informs that the use of services provided electronically may be associated with a risk on the part of each user of the Internet, involving the possible introduction of malware to the User’s ICT system and data being obtained and modified by unauthorised persons. In order to avoid the aforementioned threats, the User should use appropriate technical means to minimise their occurrence, in particular anti-virus software.
II. Definitions
The terms used herein have the meanings as follows:
Update – a modification to the Digital Service, including its security features, which is necessary for the Digital Service to comply with the Agreement;
Shipowner – a shipowner within the meaning of Article 7 of the Maritime Code, being an Entrepreneur who has entered into an agreement with the Service Provider, on the basis of which the Service Provider enables the Shipowner’s Crew to use this App;
Crew – natural persons who cooperate with the Shipowner in the course of the Shipowner’s business;
App – software under the name of ROTAT developed by the Service Provider and made available to the User of the Play Store and AppStore, intended to be installed on a Mobile Device, whereby Users can use the Services offered by the Service Provider;
Service Provider – Tomasz Pańkowski, operating under the business name of Tomasz Pańkowski ROTAT, entered into the register of entrepreneurs of the Central Registration And Information On Business kept by the minister competent for economy, address: ul. Bolesława Chrobrego 79e, 80- 414 Gdańsk, NIP (Tax Identification Number): 5842843635, REGON (National Business Registry Number): 526908382;
Mobile Device – a device that allows the use of the App and the data transmission service, in particular a mobile phone or tablet, operating on the basis of the AndroidTM or IOS operating system;
User – a member of the Crew using the Mobile App launched on a Mobile Device, able to use the Services available in the App, in accordance with the principles indicated in these Terms and Conditions and the agreement concluded between the Service Provider and the Shipowner;
Account – the part of the App assigned to a particular User by means of which the User may perform certain operations in the App, subject to the rules specified in these Terms and Conditions;
Google – Google Ireland Ltd with its registered office in Ireland, registered at Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland, which is the operator of the Google Play online store;
Google Play – an online store for mobile apps, operated by Google, for AndroidTM Mobile Devices;
AppStore – an online store for mobile apps, operated by Apple Distribution International, for iOS Mobile Devices;
Apple Distribution International – Apple Distribution International with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, registered under the number 470672 in the Companies Registration Office in Ireland and operating the AppStore online store;
Services – services provided by the Service Provider to the Users within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Laws No. 144, item 1204, as amended);
Agreement – the agreement for the provision of the Service concluded between the Service Provider and the User;
Entrepreneur – a User who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;
Consumer – a User who is a consumer within the meaning of Article 22[1] of the Civil Code; Maritime Code – Act of 18 September 2001 – Maritime Code (Journal of Laws 2001 No. 138 item 1545 as amended);
Consumer Rights Act – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, No. 827);
Digital Services Agreement – an agreement for the provision of Digital Services within the meaning of the Consumer Rights Act, concluded between the Service Provider and the User, under the terms set out in section IV of the Terms and Conditions;
Licence Agreement – an agreement between the Shipowner and the Service Provider under which the User may use the App;
Digital Service – a digital service within the meaning of the Consumer Rights Act, allowing the User, among other things, to produce, process, store and access data in digital form, provided on a continuous basis in the form of access to the App ;
Electronic Services Act – the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204 as amended);
Civil Code – the Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended);
Terms and Conditions – this document;
Registration – a one-time operation that involves the creation of an Account through an interactive form made available in the App or through the login plug-ins indicated in section V of these Terms and Conditions;
Modification – a modification of the Digital Service that is not necessary for the Digital Service to comply with the Digital Services Agreement and does not generate a cost to the User.
III. General Rules For Using The Application
- The App and its Services and functionalities may only be used under the terms and to the extent indicated in these Terms and Conditions and in accordance with the provisions of generally applicable law, principles of good practices and generally recognised principles of Internet use.
- Minimum technical requirements to use all functionalities of the App:
- Mobile Device operating system: Android version 13 SDK or higher or iOS version 13 or higher;
- installing the Mobile App on a compatible Mobile Device;
- Internet access on the Mobile Device on which the App is used;
- access to electronic mail;
- data transmission service, active and correctly configured on the Mobile Device, provided by the telecommunications operator, or an active wireless connection.
- In order to use the App, the User should:
- read these Terms and Conditions and the information about the App made available in Google Play or AppStore – respectively,
- download the App from the store mentioned above,
- install the App on the Mobile Device by following the instructions displayed on the screen of the Mobile Device during installation.
- The Service Provider does not consent to the use of the resources and functions of the App for the purpose of carrying out activities by the Client that would harm the Service Provider’s interests. Users are prohibited to use the App or Services in a manner that violates these Terms and Conditions, the law, good practices, personality rights of third parties or legitimate interests of the Service Provider; in particular, it is prohibited to:
- supply and transmit content that is prohibited by law, e.g. content that promotes violence, is defamatory or infringes personality rights and other rights of third parties,
- use the Mobile App in a way that interferes with its functioning, in particular through the use of specific software or devices,
- undertake activities such as: sending or posting unsolicited commercial information (spam) via or within the App,
- use the Mobile App in a manner that is disruptive to other Users and the Service Provider
- The User may not have more than one Account assigned to one email address. The User must not use the Accounts of other Users and must not provide access to the Account to other persons, which includes disclosure of the password to the Account.
IV. Digital Services Agreement – Using The App
- The Digital Services Agreement in the form of access to the App is concluded as soon as the App can be downloaded to a Mobile Device.
- The User may download the App to their Mobile Device via Google Play, subject to the terms specified by Google.
- As part of the Digital Services Agreement, the User is given the possibility to use the App, including the various functionalities available therein.
- By posting content on the App, such as descriptions, parameters and other elements, the User grants the Service Provider a royalty-free and non-exclusive licence, together with the right to grant sub-licences to publish them on social networks, applications, widgets or other channels of the Service Provider without restrictions in time and territory, e.g. in the form of printscreens showing the operation of the App’s functionalities. The content published by the Service Provider will not contain the User’s personal data and its use by the Service Provider will be for the presentation of the App
- The Digital Service Agreement in the form of access to the App is concluded for an indefinite period and is terminated as soon as the App is uninstalled from the Mobile Device, in the standard manner for the particular version of the operating system installed on the Mobile Device, or when the agreement concluded by the Service Provider with the Shipowner is terminated.
- The Service Provider undertakes to provide the User with Digital Service Updates for the duration of the Digital Service Agreement.
- The User agrees to co-operate with the Service Provider, in the event of an Update, as long as the Update is carried out in a reasonable extent and with the least inconvenient technical means.
V. Services
- The Service Provider offers the App for use subject to the creation of an Account and logging in to it, in accordance with the principles indicated in section VI below.
- The Services are available to Users under these Terms and Conditions and the Licence Agreement.
- The User who has an Account, after logging in to it, can use free Services related to the functionalities available in the App.
- In connection with the functionalities available within the App, the User may use the following electronically provided Services:
- to view the content posted by the Service Provider or Shipowners available in the App, including in particular the voyage calendar and the knowledge base;
- to add content to the App, particularly in the form of photographs or electronic documents;
- to add comments;
- to display notifications related to the functionalities available in the App.
- The conditions for the conclusion and termination of agreements for the provision of the Services are indicated in this section and in the sections below these Terms and Conditions.
- An agreement for the provision of Service that involves browsing the content available in the App is concluded for a definite period and terminates as soon as the User closes the App.
- The User may add content to the App related to the subject matter of the App. As part of this Service, the User may, in particular, add photos and documents electronically in any format. The agreement for the provision of the Service that involves adding content is concluded for a definite period and terminates as soon as the content is added.
- The User may add individual and subjective comments to the content presented in the App. By adding a contribution, the User declares that they own all rights pertaining to this content, in particular copyrights, related rights and industrial property rights. The agreement for the provision of the Service that involves adding comments is concluded for a definite period and terminates as soon as the comment is added.
- The contributions must be clear and comprehensible and must not violate applicable law, including the rights of third parties – in particular they must not be defamatory, infringe personality rights or constitute an act of unfair competition. The added contributions are distributed in the App.
- By adding a contribution, the User consents to the use of that statement free of charge and its publication by the Service Provider, as well as to the compilation of creative works within the meaning of the Act on copyright and related rights (Journal of Laws 1994 No. 24, item 83).
- The User may receive notifications from the Service Provider related to the content available in the App. Notifications are displayed directly on the screen of the Mobile Device („push notifications”). The Agreement for the provision of the Service that involves displaying notifications related to the content available on the App is concluded for a definite period as soon as the User voluntarily consents to receive push notifications and terminates when the above consents are withdrawn or the App is uninstalled.
- The User may at any time withdraw the consents referred to in sub-section 11 above or uninstall (remove) the App from their Mobile Device via the settings of that device.
- The scope of the Services used by the User may differ from the Licence Agreement.
VI. Account
- Viewing the content presented in the App and using the Services provided therein requires the User to Register an Account and log in to it.
- A User Account is set up by the Shipowner, following the conclusion of a Licence Agreement between the Service Provider and the Shipowner.
- Depending on the provisions of the Licence Agreement, the Shipowner and the Service Provider may agree that the Service Provider will create Accounts for Users on behalf of the Shipowner.
- The Shipowner, via email, sends the User an invitation to activate the Account.
- The User activates the Account by completing the password change form via the Web browser.
- Once the Account has been activated, the User can log in to the App.
- The Agreement for the provision of the Account Service is concluded upon activation of the Account by the User of these Terms and Conditions and terminates upon deletion of the Account in the App or termination of the Licence Agreement.
- The User may not have more than one Account assigned to one email address.
- The User must not use other Users’ Accounts and must not provide other persons with access to the Account, inter alia disclose the access password.
- The Account contains the User’s data provided by the Shipowner during Registration and the data edited by the User voluntarily after Registration.
- In the event that the User violates these Terms and Conditions, the law or good practice, the Service Provider may terminate the Agreement with immediate effect (delete the Account) or suspend its performance for the Account. Further information on the immediate termination or suspension of the Agreement is provided in section VII of the Terms and Conditions.
VII. User Rights And Obligations
- The Consumer, within 14 days of concluding a remote agreement (including the Agreement for the provision of Services), may withdraw from it without giving reasons by submitting an appropriate declaration to the Service Provider. The User may formulate the declaration by themselves or use the declaration template available in the App.
- The User who is a Consumer may withdraw from the Agreement without giving reasons by submitting an appropriate declaration to the Service Provider, unless, at the time of placing the Order, the User consented to the performance before the expiry of the time to withdraw from the Agreement
- In line with the Consumer Rights Act, the Consumer’s right of withdrawal from the Agreement is excluded, inter alia, in the case of an Agreement for the provision of services for which the Consumer is liable to pay the price, if the Service Provider has performed the service in full with the express and prior consent of the Consumer, who has been informed before the start of the performance that after the performance by the entrepreneur they will lose his right of withdrawal, and has acknowledged this, as well as in other cases indicated in Article 38 of the Consumer Rights Act (statutory right of withdrawal).
- Upon receipt of the declaration of withdrawal from the Agreement from the Consumer, the Service Provider will send to the Consumer’s e-mail address a confirmation of receipt of the declaration of withdrawal from the Agreement.
- The Service Provider will, at the request of the Consumer, make available to the Consumer content other than personal data provided or created by the Consumer during the use of the Digital Service performed by the Service Provider, with the exception of:
- when they are only useful in connection with the Digital Service that was the subject of the agreement;
- those that relate solely to the Consumer’s activities during the Service Provider’s use of the Digital Service;
- situations where they have been combined by the Service Provider with other data and cannot be extracted from them or can only be extracted with disproportionate effort.
- The Consumer has the right to recover the digital content from the Service Provider free of charge, without hindrance from the Service Provider, within 14 days, in the CSV format or in other commonly used machine-readable format.
- In the event of withdrawal from the Agreement for the provision of a digital service or digital content, the Consumer will refrain from using that digital content or digital service or making it available to third parties.
- The User is obliged to use the Mobile App in a manner compliant with the laws generally applicable on the territory of the Republic of Poland, the Terms and Conditions and also the general rules for using the Internet.
- The User is obliged to:
- act in a manner consistent with the law, good practice and these Terms and Conditions, with respect for the personality rights and intellectual property rights of third parties;
- communicate factually correct data in a way that is not misleading;
- inform the Service Provider immediately of any changes in data affecting the performance of the Services;
- not to use devices, software or methods that could interfere with the operation of the App;
- refrain from delivering unlawful content.
- The User may only use the material, information and other content presented in the App or received as part of an ordered Subscription or other Services for their own personal use in accordance with these Terms and Conditions for the duration of the Digital Service Agreement or Licence Agreement. In particular, it is prohibited to publicly distribute this content in whole or in part or its compilations, to use it for commercial purposes, to translate it, to adapt it or to make any other changes in it.
- The Service Provider does not consent to the use of the resources and functions of the App for the purpose of carrying out activities by the User that would harm the Service Provider’s interests.
- The User may not carry out activities aimed at overloading other Users’ or Service Provider’s inboxes, and in particular is not allowed to send advertising messages.
- It is prohibited for Users to present and sent, through the forms available in the App or in any other place in the App, any information that involves content prohibited by law, that violates the rules of good practice, or that constitutes acts of unfair competition. Content presented and/or sent by Users may not, in particular:
- violate human dignity;
- include content discriminating on grounds of race, gender or nationality;
- include pornographic content;
- hurt religious or political beliefs;
- encourage violation of law;
- include content that violates law, including in particular copyright or other intellectual property rights, or encourages copyright infringement, inter alia by providing content that may be used to infringe copyright or other intellectual property rights.
- The Service Provider enables Users to report Content (hereinafter: „Report”) that violates in particular sub-section 13 above, including in particular Content that violates Polish and European Union law.
- The User may submit a Report by email at
- If the Report contains the electronic contact details of the User who submitted the Report, the Service Provider will, without undue delay, send the User an acknowledgement of receipt of the Report.
- After performing the checks referred to in sub-section 13 above or upon receipt of the Report from the User, the Service Provider will, within 14 days of receipt of the Report, make a decision regarding the reported Content.
- The decision referred to in sub-section 17 above (hereinafter: the „Decision”) may indicate:
- limitation of visibility or deletion of the Content specified in the Report;
- the suspension or closure of the Account of the User who added the Content to which the Report relates.
- The Service Provider makes the Decision in a timely, non-arbitrary, objective manner and with due diligence.
- The Service Provider will, without undue delay, inform the User who submitted the Report of the Service Provider’s Decision.
- The Service Provider, if it has the electronic contact details of the User who added the reported Content, will inform them of the Decision taken, as well as the reasons for the Decision.
- A User who added the reported Content may appeal against the Service Provider’s Decision within 14 days of receiving notification of the Service Provider’s Decision.
- The appeal can be submitted to the Service Provider via email at and should contain the first name, last name and email address of the User who added the reported Content together with a comprehensive justification.
- The Service Provider will consider the appeal referred to in sub-section 23 above within 14 days of its receipt.
- The Service Provider may suspend the provision of the Services, as well as terminate the Service Agreement, in the following cases:
- the Service Provider suspects that the User is in breach of these Terms and Conditions, applicable law or principles of good practice;
- where the User’s acts or omissions adversely affect the Service Provider’s good name or otherwise harm the Service Provider;
- in the event that the Service Provider receives a complaint about the activities of the User concerned or in any other case where the Service Provider has doubts as to the compliance of the User’s actions with the specifics of the App, the law and the principles of social coexistence;
- if the User is in arrears with any payment to the Service Provider.
- In the event of immediate termination of a Paid Agreement as referred to in sub-section above, the payment made by the User will be refunded in an amount proportional to the unused period of such Service during which the Agreement is terminated.
- The Consumer has, i.a., the following options for out-of-court complaint and claim procedures:
- they may apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the User and the Service Provider;
- they may submit a complaint via the EU Internet Platform ODR available at: http://ec.europa.eu/consumers/odr/.
- Information on how to access the aforementioned dispute resolution procedures can be found at the following address: www.uokik.gov.pl under „Consumer Dispute Resolution”.
- The Service Provider undertakes to provide the Consumer with Digital Services Updates for the duration of the Digital Service Agreement.
- The User agrees to co-operate with the Service Provider, in the event of an Update, as long as the Update is carried out in a reasonable extent and with the least inconvenient technical means.
- The Service Provider may Change the Digital Service for valid reasons, including where it is necessary to adapt the Digital Service:
- to a new technical environment or
- to an increase in the number of users or for other important operational reasons.
- Information about the Change will be communicated to the Consumer at least 14 days prior to the implementation of the Change together with a description of the Change to the email address which the Consumer indicated when placing the Order.
- In the event of a Change that materially adversely affects access to or use of the Digital Services, the Consumer may terminate the Agreement without notice within 30 days of the date on which the Consumer is informed of the Changes or the Changes are made.
VIII. Licence
- Upon conclusion of the Service Agreement, the Service Provider grants the User a licence to use the App. The licence is non-exclusive, non-transferable and territorially unlimited. The licence to use the App is free of charge.
- The Licence is granted for a definite period, however, not longer than the term of the Agreement for the use of the App and App Services.
- The licence authorises the use of the App on the User’s Mobile Devices without the right to grant sublicences, in the following fields of exploitation:
- input to the memory (including RAM) of the Mobile Device,
- fixation in the memory of the Mobile Device and display in that Mobile Device, temporary reproduction in the memory of the Mobile Device, necessary for using the App,
- adaptation of the App necessary for its use on a Mobile Device (hardware and software configuration).
- Violation of the licence conditions by the User entitles the Service Provider to terminate the Agreement.
IX. Complaints Concerning Digital Services
- The Service Provider undertakes to provide Digital Services in accordance with the Agreement.
- The Service Provider is liable for non-compliance of the Digital Service with the Agreement in accordance with the provisions of Articles 43i – 43l of the Consumer Rights Act towards the Customer who is a Consumer and the Customer who is a natural person concluding the Agreement directly related to their business activity, when it is evident from the content of the Agreement that it is not of a professional nature for that person resulting in particular from their business activity subject made available on the basis of the provisions on the Central Registration And Information On Business. The statutory warranty towards Entrepreneurs is excluded.
- Complaints about the Digital Service should be sent to the email address: .
- In connection with the investigation of the complaint and the determination of whether the noncompliance of the Digital Service with the agreement is due to the characteristics of the User’s digital environment, the User is obliged to cooperate with the Service Provider. The Service Provider will ensure that this cooperation is carried out in a reasonable extent and with the least inconvenient technical measures for the Consumer.
X. Complaints Concerning The Provision Of Services By Electronic Means
- The User may file complaints regarding the Services provided as part of the App, in particular their non-performance or improper performance.
- Complaints can be submitted in writing to the following address: ul. Bolesława Chrobrego 79e, 80-414 Gdańsk, or to the following email address: .
- In the complaint, the User should indicate their first and last name, address for correspondence, type and description of the problem.
- The Service Provider undertakes to consider each complaint within 14 days of receipt. In the event of any deficiencies of the complaint, the Service Provider will request the User to remedy them as necessary within 7 days from the date of receipt of the request by the User.
XI. Protection Of Personal Data
The Service Provider collects and processes the personal data provided by Users in accordance with applicable legislation and in accordance with the Privacy Policy, available in the App.
XII. Final Provisions
- The Terms and Conditions are available in Polish.
- No part of these Terms and Conditions may be reproduced or published without written consent of the Service Provider.
- Unless otherwise stipulated by mandatory provisions of law, the governing law for the resolution of all disputes arising under these Terms and Conditions will be Polish law. Any disputes arising under these Terms and Conditions where the other party is not a Consumer will be resolved before a common court of proper jurisdiction for the Service Provider’s registered office.
- The content of these Terms and Conditions is subject to amendment. Any amendments will be notified to each Customer who is a Consumer through information in the App listing the amendments and their effective date. The effective date of the amendments will not be less than 14 days from the date of their announcement.
- The Service Provider may also present amendments to the Terms and Conditions to Users holding an Account for review and acceptance when logging in to the User Account. If the User does not accept amendments to the Terms and Conditions, the Agreements for the provision of Services in the App will be terminated (which means revoking access to the App’s functionalities) upon the lapse of 14 days from the date of such refusal, unless the User makes an acceptance in this period.
- In the situation referred to in section 5 above, the amended provisions of the Terms and Conditions will apply to the User from the date of their acceptance.
- The provisions contained in these Terms and Conditions concerning the Consumer, on the subject of withdrawal from the agreement and complaints, apply to a natural person concluding the agreement directly related to their business activity, when it is evident from the content of the agreement that it is not of a professional nature for that person resulting in particular from their business activity subject made available on the basis of the provisions on the Central Registration And Information On Business. Provisions on out-of-court settlement of complaints and pursuing claims do not apply.