The Terms and Conditions of the e-service for verification of reliability and compliance of the supply chain to on-line shops with the use of the blockchain technology.

1. Application of Terms and Conditions

The Terms and Conditions shall determine the rules for implementation and use by the Ordering Party of the “E-service for verification of reliability and compliance of the supply chain to on-line shops with the use of the blockchain technology” (“E-service”), provided by the Contractor: createIT s.c. Borkowski Bartosz Aleksander Fredrych (“createIT”), REGON 340903486, NIP 9562288844

2. Definitions

E-service - it shall mean the E-service for verification of reliability and compliance of the supply chain to on-line shops with the use of the blockchain technology;
Terms and Conditions - it shall mean these Terms and Conditions of the E-service;
Supply chain - it shall mean consecutive stages of production and transport of a product which shall be subject to verification with the use of the E-service
Participant - it shall mean an entity participating in at least one stage of the Supply Chain.
Ordering Party - it shall mean the person ordering implementation of the E-service,
Contractor - it shall mean createIT s.c. Borkowski Bartosz Aleksander Fredrych (“createIT”), REGON 340903486, NIP 9562288844

3. General Provisions

The E-service shall be implemented on the basis of the agreement between the Ordering Party and the Contractor
All activities within the use of E-service referred to in these Terms and Conditions performed for and on behalf of the Ordering Party shall be performed by person(s) or entity designated by the Ordering Party for this purpose via e-mail.
The final shape and scope of functionality of the E-service individual modules, such as the mobile application, plug-in(s) for on-line shops, administrator panel, server solutions and the language in which the E-service shall be implemented are each time specified in the agreement concluded with the Ordering Party.

4. E-service Purpose and Object

The E-service purpose shall be implementation of the possibility of unquestionable and tamper-proof verification of the supply chain of products manufactured or distributed by the Ordering Party.
The E-service shall be based on the blockchain technology, allowing creation of a secure database.
The objects verified by the E-service may be, in particular:
- premium and luxury products,
- products whose origin or mode of storage and transport is important for the end consumer or affects the product price,
- regional products from sustainable production.
The E-service in its basic version shall consist of the following modules, systems and applications:
- Ordering Party's administration panel,
- Mobile application for Service Participants,
- Plug-in for the on-line shop to display data from the blockchain database,
- Administration panel with preview of Node transactions,
- API for communication with the blockchain,
The principles and scope of implementation of individual modules shall be described in detail in the agreement concluded between the Ordering Party and the Contractor.

5. E-service Implementation

Implementation of the E-service shall start upon signature of the agreement.
The E-service implementation schedule shall be appended to the agreement concluded between the Ordering Party and the Contractor.
The final stage and the basis for acceptance of E-service implementation shall be acceptance tests conducted by the Ordering Party or upon its order.
After E-service implementation, the Contractor undertakes to provide training in the use of particular modules of the E-service.

6. E-service Technical Requirements

Technical requirements necessary to use the E-service via a mobile application shall be as follows:
- an internet-enabled mobile device (smartphone or tablet) with a QR code reader and the latest version of Android or iOS software,
- an active electronic mail (e-mail) account,
Components necessary to read the information downloaded via the on-line shop plug-in shall include:
- a terminal device with access to the Internet and a web browser, such as Google Chrome, Mozilla Firefox, Safari,
- enabled cookies,

7. E-service Performance

The E-service shall be performed between the Ordering Party, the Participants and the end recipient of the product.
The Participants of the E-service, using the mobile application and an authorised User account, can add new information concerning the product supply chain link in which they participate.
User accounts shall be created by the system administrator designated by the Ordering Party. Access to the User account shall be verified by means of a login and a password. Additionally, the User account shall contain at least the following data: telephone number, company, role, first and last name.
The use of the E-service by the Users shall be free of charge.
Product information shall be updated on the blockchain basis: subsequent participants can only add new information, without being able to delete or edit information that is already on the chain.
The entered information update shall be confirmed each time with the use of the blockchain technology. Attempts to overwrite or edit information added by other Participants at earlier stages of delivery and production shall be rejected without saving in the database.
Verification of the entered data authenticity shall take place on the basis of so-called “smart contract”.
All the information about a given product can be read by the user of the mobile app or while browsing the website of the on-line shop with the installed plug-in integrated with the blockchain database.
The information shall be read via a QR code, a unique, automatically assigned product ID or via an automatically generated URL with product certificate information using the API.
All product supply chain information shall be openly available for reading.
All product supply chain information shall be stored in the blockchain database to ensure its protection and authenticity.

8. E-service Duration

The E-service shall be implemented for an indefinite period.
Each Participant of the E-service shall have the right to resign from the E-service at any moment of its duration by deleting their User account.
The Contractor undertakes to provide technical support to ensure continued operation of the E-service in accordance with the agreement.

9. Personal Data

Should the Ordering Party acquire personal data in connection with operation of the E-service, it shall comply with the provisions relating to protection of personal data, in particular those arising from the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data and Repealing Directive 95/46/EC (General Data Protection Regulation) and the provisions of the Act of 10 May 2018 on the Protection of Personal Data.

10. Entry into force of Terms and Conditions

The Terms and Conditions shall enter into force upon signature, upon publication on the Ordering Party's website.

Terms and Conditions

1. General provisions

CreateIT sc. (“createIT”) provides a software solution (“Onecredible”) as further specified on www.onecredible.com, that enables its customers to track supply chains of the products and specific product batches from the moment of its production, transport and distribution by saving the product batch data in secured blockchain database. Software includes mobile application which can connect to database, dedicated WordPress and OXID plugins as well as Clients admin panel (the “Services”).
All contractual relationships between createIT and any user using Onecredible offered by createIT (a “User”, “Users”) shall be governed by these Terms of Service (the “Terms of Service”). By registering with Onecredible website or mobile app or using the Onecredible, the User agrees to be bound by these Terms of Service.
The Service offerings of createIT are available to Business Clients (as defined below). For the purpose of these Terms of Service a “Business Client” is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity in accordance with the provisions of law and these terms of service.
Standard business conditions and/or general terms and conditions of the User do not apply, regardless of whether or not createIT has expressly objected to them in a particular case.
createIT may amend these Terms of service at any time upon observance of statutory regulations and notifying the Users about the amendment. In case the Terms of service are amended, the User should accept their new wording, which shall apply to a renewed billing period. If the User does not accept the new wording of the Terms of service, the Services shall cease to be provided with the end of a current billing period and the contract will terminate automatically.

2. Registration

Any use of the Services requires prior registration on the Website or Mobile Application by creating an Onecredible account and the acceptance of these Terms of Service. By clicking the box “I agree to our Terms of Service and Privacy Policy” or by registering on the Website or Mobile Application after createIT provides a link with these Terms of Services stating that they will be included, a User agrees he has read, understood, and accepted the Terms of Service.
createIT offers its Services to persons over 18 years of age. createIT does is not take any responsibility if the user mistakenly or on purpose handles himself / herself as a person over 18 years of age.
The User is responsible for the accuracy of the information necessary for registration as a User. He is obliged to keep credentials secret and protect them against unauthorised use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, he must report the same to createIT to support@createit.com.

3. Use of Services

By registering on the website and subscribing to a plan, the User makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by createIT by making available the respective Services and Onecredible. Upon the acceptance of a subscription a contract between the User and createIT is concluded (the “Contract”).

4. Technical Requirements

In order to use any of the Services please check all technical details and conditions on our Website. createIT will update all information about Onecredible frequently (“Compatibility & FAQ”), on the Blog or on the documentation website.
The User is solely responsible for the fulfilment of the Compatibility; createIT does not owe and/or provide any consultancy services in connection therewith if not otherwise agreed with createIT.
createIT provides support for Users using a paid plan. The User is entitled to report the incident concerning malfunction of the Services sending an e-mail with his report to onecredible@createit.com.
The use of Services may differ depending on the hardware and/or software used by the User.

5. Prices and Payment

Onecredible Software will be implemented per individual Client request. Each implementation is a subject for individual pricing estimation.

6. Contract Period, Termination of Contract, Cancellation of account

The term of use depends on the subscription period chosen by a User when ordering Services and shall be renewed automatically for that same period each time the User does not terminate the Contract according to Section 6.2 below.
The User may terminate a Contract before the end of the ordered subscription period or the end of the respective renewed period notifying createIT on his termination via e-mail on the last day of the period the latest. The User can also change the length of the ordered subscription plan before the end of his subscription period instead of terminating the Contract. The ordinary termination of a Contract before expiry of the respective subscription period is hereby excluded. The User having used the trial run may unsubscribe from Services provided by createIT at any time without giving reason and without notice by using the respective button in his account.
A User may also switch to a cheaper plan within the ordered subscription period. Payments already made for the ordered plan will not be refunded. Instead, createIT will use the credit of the User to deduct payments for further uses within the cheaper plan.
The right of termination for cause and without notice remains unaffected for both parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
a) the User fails to comply with any applicable legal provisions;
b) the User fails to comply with any terms of these Terms of Service;
c) the User fails to pay the fees for the ordered Services.
Any termination declaration must be sent via e-mail to createIT.
After a User has terminated the Contract and cancelled the account, createIT will not provide any stored data in the account. createIT will delete any data of that User after the expiry of 12 months after the User has cancelled his registration.

7. Prohibited use

The Users shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. It is particularly forbidden to use the Website and/or Services to distribute illegal Content and/or Content that infringes third parties rights, in particular but not limited to:
a) pornographic, insulting, offensive, racist, threatening, youth protection law infringing, or other illegal or immoral Contents or to advertise, offer, or sell such products;
b) malware;
c) threats to other Users;
d) content that affects or infringes the rights of third parties or that is covered by copyrights, unless the User owns the respective copyright or has the permission of the copyright owner.
Furthermore it is forbidden to use temporary e-mail addresses or to create multiple accounts for disruptive or abusive purposes.
createIT reserves the right to delete any infringing Content according to this Section 7, terminate the Services and/or suspend accounts of Users that are violating any of these Terms of Service, in particular this Section 7.

8. User’s Warranty, Responsibility

The User is solely responsible for its Content and for payments of all fees and licences related hereto, such as royalty payments to any collection societies. In particular the User represents and warrants that any material, data, images, photos, videos, music and other Content submitted or otherwise transferred or published via createIT Website or the use of the Services does not infringe third party rights or any applicable law and does not consist of or include Content according to Section 8 hereof.
createIT has no ability to and does not control or monitor any of the Content. createIT is not responsible or liable for the availability, accuracy, completeness, freshness and legality of the Content.

9. Liability of createIT

createIT is liable for damages that have been caused by deliberate intention or by gross negligence by createIT, its legal representatives or senior executives and for damages that have been caused by deliberate intention by other assistance in performance; in respect of gross negligence of other assistants in performance createIT’s liability shall be as set forth in the provisions for slight negligence.
In cases of slight negligence, createIT is only liable if it, its legal representatives or assistants in performance has infringed a fundamental duty and if the purpose of the Contract is threatened thereby or if its legal representatives or assistants in performance have infringed duties that have to be fulfilled for the duly contract implementation and if the User generally relies on the fulfilment of these duties. In the aforementioned cases, createIT is only liable for foreseeable damages by a User at the time the respective Service was performed. Liability of createIT for consequential damage and lost profit is excluded.
createIT is only liable to Business Clients according to the definition of Section 1.3 hereof in the event of gross negligence for predictable damages up to the amount of the respective price of Service.
createIT will not be liable hereunder by reason of any failure to timely perform its Services due to an event beyond its reasonable control, including in particular, but not restricted to acts of God, acts of terrorism, civil unrest, war, fires, power cuts or epidemics.
createIT will make every effort to provide a stable and powerful Service in cooperation with service partners and data processing centres. However, potential service failures due to malfunctions or maintenance works are to be expected and do not constitute a defect of Service. No guarantee of createIT shall be given for the absence of viruses or any other harmful components of the Website or createIT’s software.
If the liability of createIT is excluded or restricted, this also applies to the personal liability of its employees, representatives, and agents.

10. Indemnification

A User will indemnify, defend, and hold harmless createIT and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Users use of the Website and/or Services; (ii) any breach by a User of any warranty defined in Section 8; (iii) any claim that the User’s Content caused damage to a third party.
In cases of an aforementioned enforcement of claims by third parties, the User will provide createIT with all his information that is needed for the examination of the claim and for the defence against it. The User provides the information immediately, truthfully, and completely.
The regulation of liability of a User or his obligation of indemnification shall apply to the same extent in the event of an act of his sub-account user.

11. Intellectual Property Rights

License. Subject to the Users compliance with the terms and conditions of these Terms of Service, createIT grants its Users a limited non-exclusive, non-transferable license to access and make personal use of the Website and the Services including certain software, as part or as a whole (the “createIT License”). The createIT License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Website and/or Services requires createIT’s prior written approval. The createIT License granted to a User will automatically terminate without notice from createIT if the respective User breaches any terms of these Terms of Service.
User Content. createIT does not claim any ownership rights in User Content. However by uploading, streaming, emailing or otherwise transmitting any Content to createIT, the User hereby grants createIT the non-exclusive, worldwide, royalty-free, sub-licensable right to use, in particular to copy, modify, transmit, store, archive, display and publish the Content for the purpose of providing the Services.
The User agrees that createIT may use information of the User provided by him (i.e. the name/trademark) for marketing purposes as reference on their website. The User may withdraw such consent by writing an email to createIT to onecredible@createit.com.

12. Data protection

Please find our Private Policy on our Website.

13. Miscellaneous

Any contracts entered into between createITand a User shall be governed by the laws of the Philippines, without prejudice to any mandatory conflict of laws provisions.
If the User is a Business Client or if the User is a legal entity or a foreign special fund organized under public law, the common courts in Philippines, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract.
Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.