Terms and Conditions for the Use of SimplyMobile CMMS

Effective date: 2 August 2026.

These Terms and Conditions set out the general legal terms governing the use of the SimplyMobile CMMS/EAM software (the “Software”) provided by SimplyMobile Sp. z o.o. The detailed scope, pricing, service levels (SLA) and the terms of implementation and support are each set out in a separate, individual agreement concluded between SimplyMobile Sp. z o.o. and the Customer. In the event of any conflict between these Terms and the individual agreement, the provisions of the individual agreement shall prevail.

§ 1. Definitions

• Service Provider / SimplyMobile – SimplyMobile Sp. z o.o., with its registered office at ul. Juliana Fałata 10, 05-820 Piastów, Poland, Tax ID (NIP): 5342584946, REGON: 380875528, entered in the Register of Entrepreneurs under KRS No. 0000741967 (District Court for the Capital City of Warsaw, 14th Commercial Division of the National Court Register).
• Customer – a business or other entity that has concluded an agreement with SimplyMobile for the use of the Software.
• User – a natural person using the Software on behalf of and for the Customer.
• Software – the SimplyMobile CMMS/EAM system, together with its mobile applications, modules and documentation, provided in the cloud (SaaS) or in an on-premise model.
• Agreement – the individual agreement concluded between SimplyMobile and the Customer, setting out, among other things, the scope of the licence, the fees and the terms of implementation and support.

§ 2. Scope and acceptance of these Terms

These Terms set out the rules for using the Software and form an integral part of the Agreement. Starting to use the Software constitutes acceptance of these Terms. These Terms are addressed to businesses and do not apply to consumer sales.

§ 3. Licence and rules of use

Upon the Software being made available and for the term of the Agreement, SimplyMobile grants the Customer a non-exclusive, non-transferable licence to use the Software solely for the purposes of the Customer's own business, within the scope and number of Users specified in the Agreement. The licence does not include the right to resell, sublicense, decompile or modify the Software, except where permitted by mandatory provisions of law.

§ 4. Obligations of the Customer and Users

• using the Software in accordance with the Agreement, these Terms, the documentation and applicable law;
• keeping access credentials (logins and passwords) confidential and protecting them against access by unauthorised persons;
• refraining from any actions that could disrupt the operation of the Software or compromise the security of other users;
• ensuring that the data entered into the Software is lawful and that the Customer has the appropriate legal basis to process it.

§ 5. Availability, implementation and support

SimplyMobile exercises due care to ensure the correct and uninterrupted operation of the Software. The terms of implementation, availability (SLA), maintenance and technical support are set out in the Agreement. SimplyMobile may carry out scheduled maintenance, notifying the Customer in advance where possible.

§ 6. Fees and settlements

The amount of the fees, the billing model and the payment terms are set out in the Agreement. Neither these Terms nor the publication of the Software in a catalogue (marketplace) constitutes a commercial offer within the meaning of applicable law.

§ 7. Intellectual property rights

All intellectual property rights in the Software, including its source code, interfaces, documentation, trademarks and materials, belong to SimplyMobile or its licensors and are protected by law. Neither the Agreement nor these Terms transfer any intellectual property rights to the Customer other than the licence described in § 3. Data entered by the Customer into the Software remains the property of the Customer.

§ 8. Protection of personal data

The rules for processing personal data are described in the Privacy and Cookies Policy. With respect to personal data entrusted by the Customer and processed in the Software, the parties conclude a separate data processing agreement in accordance with Article 28 of the GDPR.

§ 9. Confidentiality

The parties undertake to keep confidential any confidential information obtained in connection with the use of the Software and the performance of the Agreement, both during its term and after its termination, excluding information that is publicly available or whose disclosure is required by law.

§ 10. Liability

SimplyMobile is liable for the proper performance of the services on the terms set out in the Agreement and in applicable law. To the fullest extent permitted by law, SimplyMobile shall not be liable for indirect damages, lost profits, or the consequences of improper use of the Software by the Customer or Users. The limitations and scope of liability are set out in detail in the Agreement.

§ 11. Term and termination

The term of the licence and the conditions for terminating the Agreement are set out in the Agreement. Upon termination of the Agreement, the Customer loses the right to use the Software. The rules for exporting and deleting the Customer's data after the termination of the Agreement are set out in the Agreement and the data processing agreement.

§ 12. Force majeure

Neither party shall be liable for the non-performance or improper performance of its obligations caused by force majeure, i.e. external, extraordinary events that could not be foreseen or prevented.

§ 13. Changes to these Terms

SimplyMobile may amend these Terms for important reasons, in particular in the event of changes in the law, technological changes or changes to the functionality of the Software. The Customer will be informed of any changes in advance. The current version of these Terms is available at all times on the SimplyMobile website.

§ 14. Final provisions

In matters not regulated by these Terms and the Agreement, the provisions of Polish law shall apply, in particular the Civil Code and the Act on Providing Services by Electronic Means. The court competent to resolve disputes shall be the court having local jurisdiction over SimplyMobile's registered office, unless the Agreement or mandatory provisions of law provide otherwise.

Contact regarding these Terms: biuro@simplymobile.pl, SimplyMobile Sp. z o.o., ul. Juliana Fałata 10, 05-820 Piastów, Poland.