Documents
Terms of Service
The rules for using MotoX.
This English version is a courtesy translation. The Polish version is the binding one.
1. General provisions
These Terms govern the MotoX service provided electronically by Tesserakt sp. z o.o., ul. Cechowa 44B, 30-614 Kraków, Poland, NIP 6832091507, KRS 0000642152, e-mail: [email protected], tel. +48 534 454 299 (the Provider).
The Service is available at app.motox.pl; the information site is at motox.pl.
Using the Service means accepting these Terms. If you do not accept them, do not create an account and do not use the Service.
2. Definitions
- Service — the MotoX application for managing a car workshop.
- Site — motox.pl and the app.motox.pl application.
- User — a person using the Service on behalf of a Workshop.
- Workshop — the business that has entered into an agreement for the Service.
- Account — an individual User’s access to the Service.
- Plan — the set of features and limits chosen by the Workshop.
- Workshop client — a person whose data the Workshop enters into the Service.
- Documents — PDF files generated by the Service, in particular the vehicle acceptance protocol, service summary and RODO clause.
3. Scope of the Service
The Service includes, in particular:
- a register of Workshop clients and vehicles,
- service jobs, parts, actions, costs and consents,
- a calendar and deadlines,
- PDF Documents,
- SMS notifications in the plans that include them,
- a public workshop page,
- income overview and a file library,
- owner and worker roles within the Workshop.
The Service is not an accounting system and does not invoice the Workshop’s clients. Invoicing a Workshop’s own clients is not currently supported; it is planned. The Provider does invoice Workshops for using MotoX.
The Service is intended for businesses. Where mandatory law gives a consumer additional rights, these Terms do not limit those rights.
4. Account and access
- An Account is created through the registration form. The details provided must be true and current.
- The User is responsible for keeping login details confidential and for all activity on the Account.
- The Workshop is responsible for its Users’ access and for removing access from people who no longer work at the workshop.
- Sharing an Account with third parties, creating fictitious accounts and bypassing Plan limits are prohibited.
- Suspected unauthorised access must be reported immediately to [email protected].
5. Plans and limits
Current Plans and limits are published at motox.pl and in the application.
- Free — 10 clients, 20 vehicles, 50 services, 50 MB of files, no SMS.
- Early Adopter — 50 PLN per month, 1,000 clients, 3,000 vehicles, 10,000 services, 1 GB of files, SMS to Workshop clients and early access to new features.
- Enterprise — individual limits, up to 25,000 clients, 75,000 vehicles, 250,000 services and 25 GB of files, SMS to Workshop clients.
When a limit is reached, no more records of that type can be added. Existing data remains available. A Plan can be changed in the application or by contacting the Provider.
Early Adopter is available in early access. It is activated after signing up and may require contact with the Provider. Features included in early access may change.
6. Payments and invoices
- Prices are stated in PLN. The VAT treatment is shown on the invoice.
- Early Adopter may be paid through the payment provider or as agreed individually.
- The Provider invoices Workshops for using MotoX. Invoices do not cover settlements between a Workshop and its own clients.
- Non-payment may lead to suspension of paid features after notice. Data is not deleted solely because of non-payment without the notice period in § 12.
- Payment complaints should be sent to [email protected].
7. Workshop client data and GDPR
- The Workshop is the controller of data about its clients, vehicles, jobs and documents that it enters into the Service.
- The Provider is a processor of that data under Article 28 GDPR and processes it only on the Workshop’s documented instructions.
- The Workshop is responsible for the lawfulness of the data, the wording of consents and the legal basis for SMS messages to its clients.
- The Provider maintains security measures, separates workshop data and assists with data subject requests.
- After the agreement ends, the Provider deletes data according to the Workshop’s instructions and applicable law, unless the law requires longer retention.
8. User obligations
The User agrees to:
- use the Service lawfully and in accordance with these Terms,
- not send spam or messages without the required consent,
- not enter unlawful, offensive or third-party-infringing content,
- not attempt to bypass limits, security or access controls,
- not copy, resell or share the Service without the Provider’s consent,
- not introduce malware or disrupt the Service.
9. Intellectual property
The Provider retains the rights to the MotoX software, trademarks, interface and documentation. The Workshop retains the rights to its data and content entered into the Service. The Workshop grants the Provider a non-exclusive licence to process that content solely to provide the Service.
10. Availability and support
The Provider makes reasonable efforts to keep the Service available but does not guarantee uninterrupted operation. Planned maintenance is communicated in advance where it may materially affect availability.
Support is available at [email protected]. Enterprise support terms may be set out in a separate agreement.
11. Liability
- The Provider is liable for damage in accordance with the law and to the extent permitted by law.
- The Provider is not liable for indirect damage, lost profits, data loss caused by the User’s actions, or decisions made on the basis of data in the Service.
- The Provider is not liable for content entered by the Workshop or for whether SMS delivery complies with the Workshop’s obligations to its clients.
- The Provider’s liability is limited to the amounts paid for the Service in the 12 months before the event, unless the law provides otherwise.
- Nothing in this section excludes liability that cannot be excluded under mandatory law.
12. Suspension and termination
- The Provider may suspend an Account for a breach of these Terms, overdue payments, a security risk or unlawful activity.
- The Workshop may stop using the Service at any time, in the application or by contacting the Provider.
- After termination, the Workshop may export its data for 30 days. After that period the data is deleted unless the law requires longer retention.
- Deleting an Account does not release the Workshop from payment for the period in which the Service was provided.
13. Complaints
Complaints should be sent to [email protected]. The Provider responds within 14 days to the e-mail address provided by the Workshop. If a complaint is not handled within that period, it is deemed accepted.
14. Changes to the Terms
The Provider may change these Terms for important reasons, in particular changes in law, features, Plans or providers. Material changes are communicated at least 14 days in advance unless a legal obligation requires otherwise. Continued use of the Service after the changes take effect means acceptance.
15. Governing law
These Terms are governed by Polish law. Disputes are resolved by the courts with jurisdiction over the Provider’s registered office, subject to mandatory consumer protection provisions.
16. Contact
- Tesserakt sp. z o.o.
- ul. Cechowa 44B, 30-614 Kraków, Poland
- NIP 6832091507, KRS 0000642152
- [email protected]
- +48 534 454 299