Regulations

Email2TMS Platform Regulations

Date of entry into force of the Regulations: 01/03/2022

I. GENERAL PROVISIONS

These regulations (hereinafter referred to as the "Regulations") define the rules for the provision of service by electronic means within the meaning of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws No. 144, item 1204, as amended) and the conditions of use of the Email2TMS Internet Platform.

II. DEFINITIONS

1. API - a service provided by either the TMS provider or by the Service Provider enabling integration with the TMS.

2. Price list - a list of prices for access to the Email2TMS Platform along with an indication of any promotions, constituting an appendix to the Regulations.

3. Billing Period - the period for which the Customer is Invoiced for the provision of the Services.

4. Invoice - a VAT invoice issued to the Service Recipient for the provision of Services in .pdf format, made available to the User

5. Account / Manager’s Account - an account on the Email2TMS Platform, constituting a set of resources (data) and permissions, assigned to the "Manager" User, at which Employee Accounts are created.

6. Employee's Account - the User account “Employee” associated with the Manager's Account.

7. Email2TMS Platform / Platform - an Internet platform available on the website https://email2tms.com/?lang=en used to optimise the freight forwarder's work, which through its functionalities supports the process of transferring data contained in the transport orders from e-mail or uploaded directly to the Platform by the User to theTMSs used by the freight forwarder, available on the address www.email2tms.com.

8. Mailbox - a mailbox to which the User receives messages with transport orders, by means of which (after its configuration by the User with his/her Account on the Platform) the data from transport orders are automatically saved on the Platform, and then after being processed by the User, sent to TMS on his/her request. The setup of accounts on the Platform with the Mailbox is based on IMAP and SMTP ports.

9. TMS - transport and supply chain management software, the services of which are used by the User.

10. Agreement - the agreement for the provision of access services to the Platform, referred to in point VI of the Regulations.

11. Services - services provided for a fee via the Email2TMS Platform.

12. Service Recipient - User who is bound to the Service Provider by the Agreement.

13. Service Provider - provider of the service of access to the Email2TMS Platform, which is the company Email2TMS prosta spółka akcyjna with its headquarter in Zabrze (41-800) at Wolności 262 St., entered into the Register of Entrepreneurs kept by the District Court in Gliwice, X Economic Department of the National Court Register (KRS) under number 0000924894, TIN: 6482806100, REGON: 520092821.

14. User - a natural person, an organisational unit without legal personality, which is granted legal capacity by an appropriate act, or a legal person - conducting business related to freight forwarding, who registered an Account on the Email2TMS Platform and concluded the Agreement.

15. "Manager" User - the User’s representative, entitled to represent the User at least in the terms of submitting declarations of will and knowledge towards the Service Provider and who may contact the Service Provider in all matters related to the Email2TMS Platform.

16. "Employee" User - a natural person who has an Employee Account created under the Manager Account. The actions and omissions, in particular those resulting in a breach of the Regulations, made by the User “Employee” shall be the sole responsibility of the User. The "Employee" User acts for and on behalf of the User within the meaning of Article 97 of the Civil Code.

17. E-mail messages - messages incoming to the Mailbox from senders indicated by the User, containing a transport order or other content.

III. TECHNICAL CONDITIONS

1. The use of the Email2TMS Platform is possible on condition that the ICT system used by the User meets the technical requirements in the form of:

a) having a device which allows access to the Internet, including software for browsing its resources, accepting files such as html, xhtml, pdf, cookies, CSV files and with javascript enabled; devices over 1600 pxl;

b) use the following web browsers: Chrome, Firefox, Safari, Microsoft Edge, where the preferred and recommended web browser by the Service Provider is Chrome

c) an internet connection with a bandwidth of at least 512 kbs.

2. The Service Provider takes steps to ensure the proper functioning of the Platform and undertakes to rectify within a reasonable period of time any irregularities in its operation which have been reported by Customers.

3. The Service Provider reserves the right to temporarily or permanently suspend the operation or permanent removal of the Email2TMS Platform at any time, as well as the transfer of rights to the Email2TMS Platform to another entity, of which the Customer will be informed electronically means (change of the Service Provider's data).

IV. REGISTRATION AND ACCOUNT SET UP

1. In order to use the Email2TMS Platform, the User is first of all obliged to create an Account.

2. In order to create an Account, the User is obliged to:

1) enter the Platform's website,

2) provide your e-mail address, first name and surname, company name, contact e-mail, country, tax identification number (TIN), company address,

3) set a password to access the Account,

4) accept the Regulations and the Privacy Policy;

3. The Platform distinguishes between the Manager's Account (also simply called the Account) and the Employee's Account. A Manager Account may only be held by a person authorised to represent the Customer (e.g. as a member of the management board or a proxy) at least in terms of making declarations of will and knowledge towards the Service Provider and who may contact the Service Provider in all matters related to the Platform.

4. After creating an Account, in order to use all the functionalities of the Platform, including the main functionality, which is the transfer of data on transport orders to the TMS, the User is obliged to:

1) configure a Mailbox with an Account,

2) indicate the e-mail addresses and data of the senders of transport orders,

3) configure your Account with TMS,

4) add employees/co-workers of the User, authorised to use the Employee Account,

5) conclude the Agreement;

5. Configuration of a TMS with an Account is done using the API. The API key is obtained by the User on his/her own from his TMS provider. The platform allows configuration of an Account with only one TMS provider.

6. In order to complete the configuration of the Account with TMS, it is necessary to accept the Service Provider expressed through the Platform. The Service Provider accepts the configurations after positive verification that:

1) The account was created by an authorised person, i.e. a person authorised to represent the User, who meets the definition of the Manager User,

2) The User has accepted the Regulations and the Privacy Policy,

3) The User has concluded the Agreement by the person referred to in point 1) above.

7. The ability to configure an Account with a particular TMS depends on the technology of a given TMS. The Service Provider does not guarantee that every TMS available on the market will be configurable with the Platform.

8. After the configuration has been completed, the concerned TMS may also be automatically configured with the Employee Account, and if this does not happen, the Employee User will be required to configure the TMS in his/her Employee Account. The above is dependent on the TMS provider. The configuration of the TMS on the Employee’s Account does not require the approval of the Service Provider as referred to in point 6 of the Regulations.

9. A User who has not carried out the actions indicated in point 4 or whose configuration has not been accepted by the Service Provider in accordance with point 6, may use the Platform only to a limited extent.

10. The "My Company" function is available in the Manager’s Account, by means of which it is possible to:

1) managing the User data,

2) adding Users with the status of Employee User or Manager User,

3) changing from an Employee Account to a Manager Account and vice versa.

11. Once an Employee User has been added, in order to use the Email2TMS Platform, that User will receive an activation link to the Platform at the e-mail address provided, and then will be asked to provide his/her data necessary for the registration of the Employee Account, i.e. name, surname, establishing of an access password and acceptance Regulations and the Privacy Policy.

12. An Employee User, in order to be able to use the functionalities assigned to the Employee Account is obliged to: 1) configure the Mailboxes with the Account, 2) indicate the e-mail addresses and data of the senders of transport orders, 3) configure the TMS, if this has not occured automatically during the registration of the Account by the Manager User.

V. HOW TO USE THE EMAIL2TMS PLATFORM

1. The Platform enables the download of e-mails from configured Mailboxes, but only from senders indicated by the User.

2. Depending on the content of the e-mails, they will be automatically saved in the "PDF Orders" tab or in the "Enquiries" tab.

3. Email messages are transferred to the "PDF Orders'' tab if the system recognizes that a transport order is included in their content, by:

1) the title of the e-mail,

2) the content of the e-mail, or

3) the name of the appendix included to the e-mail.

4. The "Enquiries'' tab contains those e-mails which have not been recognised by the system as transport orders.

5. The User can also add transport orders manually to the “PDF Orders” or “CSV Orders” tab.

6. The Platform acts as an e-mail client. Any restrictions on the use of the Mailbox are dependent on the provider of the specific e-mail. The platform accepts files with a maximum size of 20 MB per file.

7. The transfer of data from transport orders is carried out on a mapping basis. The system automatically reads in a given transport order specific parameters necessary for the execution of the order (e.g. date, time, place of unloading) and saves them in a dedicated form. The Service Provider does not guarantee that the system will read the correct parameters in every order.

8. The User can also complete the order parameters on his/her own in the form (e.g. when the system has saved incorrect data), using the Platform's functionality. The User can also fill in the form data manually.

9. After completing the form, the User can send data from the transport order to the TMS, provided that they meet the validation conditions of a particular TMS.

10. All e-mails are automatically deleted after 3 months.

11. The content of transport orders is collected by the Service Provider in order to support the mapping algorithm referred to in section V.9 of the Regulations, to which the User by accepting the Regulations consents. Data from transport orders, i.e. both personal data and other data, will be processed only by the Service Provider. Detailed rules for the collecting and processing of personal data are set out in point IX of these Regulations and in the Privacy Policy available on the website https://email2tms.com/how-to-use/?lang=en.

VI. CONCLUSION AND TERMINATION OF THE AGREEMENT

1. Conclusion of the Agreement

1. Access to the Email2TMS Platform occurs at the time of registration of a Manager Account or Employee Account at the basic level (i.e. without the function of connecting the Platform to the TMS).

2. The User, in order to use all the functionalities of the Email2TMS Platform, including the connection of the Platform to the TMS, is obliged to conclude an Agreement.

3. The Agreement can be generated through the Platform in the "My Company" tab.

4. The conclusion of the Agreement takes place through the exchange of on-line statements (documentary form) or in writing.

5. The Service Provider reserves the right to provide the Services under individual conditions specified in a separate agreement.

6. The Service Provider is entitled to grant the User access to the Services for a test period. During the test period, the provisions of the Regulations apply to the User accordingly.

7. The Agreement is concluded for a fixed period as indicated in the Agreement.

8. An Agreement on behalf of the Customer may only be signed by a person authorised to represent the Customer (e.g. member of the management board, proxy, attorney).

9. The User is obligated, at the Service Provider request, to present appropriate documentation to prove that the person representing the User is authorised to do so.

2. Termination of the Agreement

1. The agreement may be terminated, otherwise being null and void, in a documented form that enables the author of the declaration to be identified (scan, fax, e-mail):

a. by each party, without justification, on one-month’s notice period with effect from the end of Billing Period,

b. by the User with immediate effect, if:

i. does not consent to the changes introduced in the Regulations as set out in point XI.

ii. does not accept changes to the Price List, about which he was informed in the manner described in point VII.

2. of the Regulations, within one month from the date of publication of changes to the Regulations,

3. of the Regulations, within 30 days from the date of sending the notification to the User’s e-mail address;

a. by the Service Provider with immediate effect (effective as of the day on which the termination notice was sent and the User could have read its content) in the case of:

b. non-payment within the period specified in the Invoice,

c. gross violation by the User of the provisions of the Regulations and failure to comply with the Service Provider's request to cease the violation, addressed to the User Manager at his/her e-mail address;

VII. PAYMENTS

1. Access to all functionalities of the Platform, including connection to the TMS, is subject to a fee.

2. The amount of the access fee depends on the number of Employee Users assigned to the User Account. This amount is set out in the Price List, which is an integral part of the Regulations.

3. The Service Provider has the right to change the price, which informs about:

a. by sending notifications by e-mail to the Users about the planned price change together with the new Price List, whereby the new prices will enter into force from the first Billing Period following the lapse of 30 days from the date of sending abovementioned notifications,

b. by placing information in the Price List.

4. Subject to the paragraph below, the Service Provider points out that in the case of the User’s does non-acceptance of the changes in the Price List, of which the User was informed in accordance with point VII.3 of the Regulations, the User is entitled to terminate the Agreement with immediate effect.

5. The Service Provider may introduce promotional and discount programmes, on the terms specified in dedicated regulations. The introduction of promotions, discounts or other forms of temporary price reduction does not constitute a change to the Price List.

VIII. RESPONSIBILITY

1. The Service Provider guarantees that it will use its best efforts to ensure that the User has access to the Platform at the time and according to the conditions specified in the Regulations, 24 hours a day, seven days a week, with the exception in the cases described in the points below.

2. The Service Provider reserves the right to carry out maintenance works resulting in a break in access to the Platform for the time necessary to carry it out. The occurrence of such breaks shall not be considered as improper performance of services by the Service Provider.

3. The Service Provider disclaims its liability to the extent that it is permissible under applicable legal provisions, among other things:

1) any damage caused to third parties as a result of using the services by the User in a manner contrary to the Regulations or the law,

2) any damage caused by third parties to whom the User, contrary to the provisions of the Regulations, has given access to data from the Account or Employee’s Account,

3) unavailability of the Platform for reasons beyond the control of the Service Provider, including those caused by force majeure or malfunctioning of the Internet, interruptions in access to the Platform, including preventing use of the Platform, caused by the need to remove failures, testing of equipment and software, the need for maintenance,

4) the consequences of obtaining by unauthorised persons access to the Account or to the Employee's Account, regardless of the manner in which it happened (e.g. the password being made available to a third party a the User, the password being broken by a third party);

4. The Service Provider is liable only to the extent of services provided electronically and under the terms of the regulations on the provision of electronic services.

5. The Service Provider is responsible for damages caused to the User only through intentional fault.

6. The Service Provider is not responsible for the malfunctioning of the services linked to the Platform, i.e. e-mail and TMS.

IX. PROTECTION OF PERSONAL DATA

1. As part of the processing of personal data entered into the Platform, the Service Provider acts as:

a. Controller of personal data within the meaning of the Regulation of the European Parliament and of the Council (EU) 2016/679 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 (GDPR), in relation to the Service Recipient's data and Users' personal data,

b. Processor, i.e. the entity to which the Service Recipient, in accordance with the provisions of point 3 below, has entrusted the processing of personal data, being the controller of this personal data (Data Controller).

2. Data is provided voluntarily and all the rules for processing of personal data are set out in the Privacy Policy available at: http://email2tms.com/polityka-prywatnosci/.

3. With regard to the data referred to in point 1(b) above, the Service Provider and the Data Controller (Service Recipient), together with the acceptance of the Regulations, conclude an agreement for entrusting processing of personal data, pursuant to which the Processor (Service Provider) accepts the personal data entrusted by the Data Controller for processing. The subject of the entrustment is personal data entered by Users with the use of functionalities available on the Platform, including, among others: data within transport orders. Entrusting takes place in order to perform the Agreement, lasts for the duration of the Agreement and has a permanent character.

4. The Service Provider, being a Processor, undertakes to:

a. process personal data only on the documented request of the Data Controller, which is in particular the Regulations, the Agreement and the Agreement on entrusting the processing of personal data, and

b. ensure that persons authorised to process personal data commit to maintaining secrecy,

c. taking the data security measures required by the GDPR and helping the Data Controller to comply with its obligations in this regard,

d. assist the Data Controller to comply with its obligation to respond to the requests from the data subject in the scope of exercising his/her rights specified in the GDPR,

e. to delete the data or return the data to the Data Controller upon termination of the processing, in accordance with its decision,

f. to assist the Data Controller in complying with the obligations set out in Articles 32-36 GDPR, taking into account the nature of the processing and the information available to him,

g. to provide the Data Controller with any information with regard to the entrusted personal data necessary to demonstrate the compliance with its obligations and to allow him or an auditor authorised by him to carry out audits.

5. The Service Provider is entitled to further entrust of personal data. Further entrustment may concern, in particular, entities providing IT support services and other subcontractors, a list of which is always available to the Data Controller on request in each case. The Data Controller hereby consents to the further entrustment on the terms set out above. The obligation to inform about any intended changes regarding the addition or replacement of other processors is fulfilled by the Service Provider by making the aforementioned list available at the request of the Data Controller.

X. COMPLAINTS

1. All complaints regarding incorrect functioning and access to the Email2TMS Platform must be submitted in writing to the following address: Email2TMS P.S.A., Wolności 262 St., 41-800 Zabrze or by e-mail to the following address: support@email2tms.com

2. In addition to a description of the factual situation constituting the basis for the complaint, the complaint should also contain data making it possible to identify the Customer in the system i.e. the e-mail address assigned to the Account.

3. Complaints will be considered within 30 days from the day of receipt.

4. The response to the complaint will be sent to the e-mail address indicated by the User, and in the case of a complaint submitted by traditional post - to the postal address indicated by the User.

XI. FINAL PROVISIONS

1. The Service Provider publishes changes to the Regulations on the website https://email2tms.com/?lang=en.

2. The Service Provider reserves the right to unilaterally amend the Regulations at any time without giving any reason, and at the same time inform the Participants about the change in the manner prescribed for the announcement of the Regulations. A change of contact details (including electronic addresses and website addresses) indicated in the Regulations or obvious misspellings does not constitute a change to the Regulations.

3. In matters not covered by these Regulations or the Agreement, the law applicable to the Service Provider shall apply.

4. Any disputes arising out of or in connection with the Regulations will be settled by a common court with jurisdiction over the Service Provider’s headquarter.

XII. APPENDICES

1. Appendix No. 1 - Price list

               

Price list

Appendix 1

to the Regulations of the Email2TMS Platform PRICE LIST

Date of entry into force: 01/03/22

1. The fee for each Manager User and User is €29 net + VAT per month.

2. The Service Provider does not charge a fee for a user added after the 15th day of a certain month. In this case, the fee will be charged from the 1st day of the following month.

3. If a user is deleted during the month, the fee is charged from that user as for the whole month.