These regulations set out the terms and conditions for the use of Agent and the rules for obtaining information and performing activities in connection with the use of the Agent and the Application.
The owner of the Application and the Agent is co.brick sp. z o.o., 44-100 Gliwice, Kaczyniec 9, email address: office@cobrick.com
In order to use the service, please read these Regulations and the Privacy Policy.
The terms used herein shall have the following meaning:
Application - an online application operated by the Service Provider functioning through the Webpage;
Agent - an online agent under the name AIOps agent, installed in the Customer's ecosystem to provide the Services to the Customer;
Service Provider - co.brick sp. z o.o., 44-100 Gliwice, Kaczyniec 9, e-mail address: office@cobrick.com,
Service - the full scope of services provided electronically by the Service Provider for Customers in the scope specified in the Regulations or contract concluded by the Service Provider and the Customer;
Customer - a natural person (with full capacity to perform acts in law), a legal person or an organisational unit without legal personality who has performed or intends to perform acts in law through the Application. Only an entrepreneur can be an administrator;
User - the Administrator and any natural person (with full capacity to perform acts in law) who uses the Application and the Tool by authority of the Administrator;
Administrator - a natural person (with full capacity to perform acts in law) who has been appointed by the Customer to act as manager of the Service;
Regulations - this document together with the Privacy Policy which constitutes an integral part of the Regulations. All documents are available on the Webpage.
Users and Customers may contact the Service Provider by e-mail at: office@cobrick.com.
The Service Provider provides Customers with electronic services pursuant to distance contracts concluded by the Customer and the Service Provider.
The Service Provider charges fees for the provision of Services to the Customers under the terms and conditions set out in the contracts concluded with the Customers or in the Price List available on the Webpage.
The Services consist in enabling access to the Application via the Internet. Through the Application, the Service Provider provides the Service consisting in intelligent monitoring of the cloud-native application. The current scope of the Service is published each time on the Webpage under “Documentation“.
The Customer cannot use the Application and the Tool without registration.
The User may not use the Application without registering an individual account or without a key provided by the Customer or the Administrator acting on his or her behalf.
Customers conclude contracts with the Service Provider for the provision of Services either by registering a relevant account on the Application or by means of a contract concluded with the Service Provider without the use of the IT system.
Users either register individual accounts in the Application or use the Application with a key provided by the Customer or the Administrator acting on his or her behalf.
Individual accounts allow Customers to use the Services provided through the Application. The Customer may also be an Administrator or appoint a person to act as Administrator.
Registration of a Customer's account on the Platform is carried out on demand by the Service Provider on Customer's demand.
Registration of a Customer's account requires the following data:
Name,
Last Name,
e-mail.
It is forbidden to provide false data.
It is forbidden to set up a customer's account using an automated machine.
Registration of an account and subsequent actions within the Application for and on behalf of the Customer may only be performed by persons authorised to represent the Customer or holding relevant authorisation.
The person authorised to represent the Customer or the Administrator shall be obliged to immediately notify the Service Provider of the withdrawal of his/her authorisation to perform the activities specified in these Regulations on behalf of the User.
If the Service Provider has reasonable doubts about the veracity of the data provided by the Customer, the Service Provider may withhold the setting up of the Customer's account or suspend the operation of the Customer's account until the doubts are clarified.
In the case of any organisational or legal changes, death or loss of legal capacity of the Customer, the legal successors of the Customer or his/her legal guardians shall immediately inform the Service Provider of any such circumstances.
The Customer account and the User account contains the data provided by the Customer or the User during registration. If any of these details subsequently change during the use of the Application, the Customer or User shall update them immediately by using the relevant form available on the Webpage or by contacting technical support.
The Service Provider reserves the right to delete the User's Customer account at any time and without giving any reason. In the case of deleting the Customer or the User Account, the Customer or the User shall not be entitled to any claims against the Service Provider on the account specified above.
§ 4. General rules for the use of the Application and the Agent
In order to use the Agent and the Application, the Customer or the User must meet the following technical requirements:
have a computer, laptop, mobile phone or any other device connected to the Internet;
have access to electronic mail;
use a web browser (Chrome, Safari, FireFox, Opera or Edge - the latest versions);
enable the option to save cookies in the web browser.
Any activities of the Customers and the Users shall be compliant with the applicable provisions of law and good practices.
Any use of the Application and the Agent to the detriment of other Customers, Users, the Service Provider or third parties is prohibited.
Each Customer and User undertakes to:
use the provided functionalities and resources of the Application and the Agent in accordance with their purpose;
comply with the provisions of Polish law,
respect the rights and personal interests of other Customers and Users;
refrain from any action to the detriment of other Customers, Users, the Service Provider or third parties.
In order to use the Services, the Customer downloads and installs the Agent on his/her cluster himself/herself. The application is used to monitor the Service performed with the help of the Agent in the Customer’s cluster.
The rules for the use of the Agent are set out in § 5.
The Service Provider grants the Customer a non-exclusive, individual and non-transferable licence to use the Agent for the period for which the contract for the Services is concluded, worldwide.
The licence will be granted upon the conclusion of the contract for the provision of the Services.
The licence shall be granted in the following fields of use:
using, recording, displaying, storing, applying, including sharing with the Customer's employees;
entering into computer, server, workstation memory, collecting, transmitting, sharing and deleting data within the Customer's IT network;
reproduction of the Agent for the sole purpose of making backup copies.
The granting of a licence to use the Agent does not include rights to sub-licence in favour of third parties.
The Customer and the User are not entitled to:
develop the Agent and make any kind of changes or modifications thereto;
dispose of, share, grant license, assign, transfer the right to use, give the right to use the Agent or the documentation issued for any consideration or free of charge to any other person or legal entities. The exception is the situation when the Customer makes the Agent available to his or her employees in the scope of the Customer's business;
translate, adapt, rearrange or make any other changes to the Agent and the documentation, modify the Agent, including creating new versions and adaptations, and dispose of and use the same,
make any changes to the Agent's source code, the identification marks placed in the Agent and the accompanying documentation not authorised by the Service Provider.
The Customer agrees to use the Agent exclusively for his or her own business.
The Customer and the User may not undertake, or allow third parties to undertake, any activities leading to reverse engineering of the Agent's source code, disassembly, decompilation and translation of the Agent.
The Customer and the User are not entitled to any kind of rights to the Agent's source code.
The scope of use of the Agent is as follows:
The Agent may not be used by the Customer or the User to provide data processing services to any third parties, e.g. in the form of outsourcing or training services.
The Customer or the User accepts responsibility for the acts or omissions of the entities with whom he or she has shared the Agent, staff (including temporary staff) or subcontractors in respect of any breach of contract or contractual obligations by third parties, temporary staff or subcontractors.
The Customer or the User may not make the Agent available in any form to third parties. To this end, the Customer or the User undertakes to exercise due diligence to prevent third parties from gaining access to the Agent. Gaining access to the Agent by third parties without the active cooperation of the Customer or the User, but caused by the Customer's or User's failure to exercise due diligence to prevent such access, shall be deemed an infringement of the Service Provider's copyright.
If the Service Provider develops the Agent, a licence for new developments will be automatically granted under the terms and conditions set out in this contract upon delivery of such upgrade, unless agreed otherwise by the Parties.
The Customer and the User undertake:
to safeguard and protect the property rights with regard to the Agent and any copies made thereof,
to ensure that no copies of the Agent in any form are passed on to any third party without the Service Provider's prior express written consent,
to instruct his or her staff with access to the Agent not to copy (except for copies for which contractual permission has been granted), decompile, disassemble, reverse engineer a source code or duplicate the Agent or provide information or assistance in respect of the foregoing to any third party,
not to grant access to the Agent to any third party without the Service Provider's prior written consent,
to reproduce any copyright notice on any materials associated with the Agent or any part thereof on which such copyright notice appears,
not remove any word or graphic markings used in any way or legally reserved by the Service Provider or licensors, copyright notices, trademark notices, confidentiality notices, signs, explanatory notes or any other information placed in the Agent,
not to perform any legal or factual acts for the purpose of assigning, sub-licensing, establishing a usufruct, pledging, transferring possession or taking any other action in respect of their rights, obligations or liabilities under the contract without the Service Provider's prior consent;
to inform the Service Provider of any infringement of the Service Provider's property rights with respect to the Agent that comes to the attention of the Customer or the User in the course of conducting his/her business using the Agent.
The financial terms set forth in individual contracts between our company and clients are legally binding and integral to our contractual relationships. These terms include pricing structures, payment schedules, invoicing protocols, discounts, and fees, and are meticulously tailored to meet the specific needs of each client.
Any disputes arising from these financial terms shall be resolved in accordance with the dispute resolution mechanisms delineated in the individual contract or by legal means.
§ 7. Liability. Access and use of the Application and the Agent
The Service Provider undertakes to take all necessary measures to ensure the appropriate, secured, uninterrupted, and error-free access to the Application and the Agent.
The Service Provider shall not be liable for:
actions taken by Customers and Users;
failure to meet specific requirements of the Customer, other than those arising from the general purpose of the Application and the Agent;
correctness, reliability and accuracy of data obtained when using the Application and the Agent;
temporary technical errors occurring during the operation of the Application and the Agent;
defects in data entered into the Application or the Agent by Customers and Users;
quality, accessibility and correctness of the content obtained through the Application or the Agent.
The Service Provider shall not be liable for any damage (also in the form of loss of profit), image infringement, disruptions in the operation of the enterprise, loss of data or any other type of economic information or other property loss resulting in particular from:
inability to use the Application or the Agent,
use of the Application or the Agent,
no access to the Application or the Agent, data, information, messages published or read in or through the Application or the Agent,
use of the Application by third parties using the access key provided by the Customer,
an error in the functioning of the Application or the Agent,
influence of third parties;
acts and omissions of Users,
deletion of the Account,
and any other reasons related to the Service, regardless of whether the damage, infringement and loss was the direct or indirect effect of the event.
The Service Provider shall not be liable for any damage caused by third parties accessing the Application using the Customer's or User's valid data or device.
The Service Provider shall not be liable for any disruption in the operation of the system caused by technical problems in the hardware and software used by the Customer or the User, as well as by the Internet failure, force majeure or prohibited third party interference, which prevent the Customer or the User from using the Application and the Service offered through it.
In the event of notification that an unauthorised person has accessed the Application or the Agent, the Service Provider shall take immediate measures to secure the data collected.
The Service Provider has the right to make changes to the Service and the Application or Agent in connection with the ongoing work to improve and modernise the Application. In particular, the Service Provider is entitled to change the functionality of the Application or the Agent.
The Service Provider has the right to access the Customer's systems where the Agent is installed in order to monitor the correct functioning of the Services, the Application and the Agent, as well as to debug the operation of the Service.
For the purpose of improving the quality of the services provided by the Service Provider, the Customer consents to the Service Provider's access and use of information in the form of metrics, logs, and any data flowing down from the Customer's IT infrastructure, including data and behaviour of Users (if they potentially affect the performance of the infrastructure).
Any Customer or User is entitled to lodge a complaint on account of any malfunction of the Application or the Agent within 14 days of the occurrence of the malfunction. The complaint should be lodged by email sent to: office@cobrick.com. The description of such malfunction should enable the Service Provider to identify the problem and to repair it.
The Service Provider shall examine the complaint within 14 calendar days of the date of receiving the complaint.
In the event of a serious technical error, the Service Provider reserves the right to restrict access to the Application or the Agent and the Service.
Any and all possible errors in the functioning of the Application or the Agent, comments and information on the functioning of the Application, the Agent and the Webpage, as well as infringements of the Regulations should be reported to the Service Provider by e-mail.
The Customer and the User are entitled to delete their Account at any time. In order to do so, the Customer or the User should complete the relevant procedure provided in the Application.
The Service Provider may refuse to delete the Customer's or the User's account if the Customer or the User is bound to the Service Provider by a fixed-term contract or if the Customer or the User has violated these Regulations or applicable laws, and the retention of the Customer's or the User's data is necessary to clarify these circumstances and to establish the Customer's or the User's responsibility.
Deletion of the account at the request of the Customer or the User shall take place within 14 days of submission of the relevant request.
If the Customer's or the User's account has been deleted as a result of a decision of the Service Provider, the Customer or the User may not register in the Application again without the prior consent of the Service Provider. Re-registration without consent may result in deletion of the Account.
The contract for the provision of Services concluded between the Client and the Service Provider is concluded for a fixed period of time as indicated in the package selected by the Customer. The parties exclude the possibility of termination of the aforementioned contract, unless the contract concluded separately with the Customer provides otherwise. The Customer's account remains active for the entire duration of the Contract.
The Service Provider reserves the right to amend the Regulations at any time, in particular due to changes in the provisions of the applicable law or technical and organisational changes in the manner in which contracts are concluded and performed and the scope of the Service, as well as in the case of a change in the legal organisation of the Service Provider’s activity.
The Service Provider shall inform the User of the amendments and their content 14 days prior to their introduction. The information is communicated to the User either by e-mail sent to the address provided during registration or by a relevant note in the Account, accessible after logging in.
If the Customer does not take any action, the changes shall take effect as if the Customer had accepted the changes to the Regulations as specified in this paragraph, starting on the first day of the next billing period.
Any materials, including graphic elements, the layout and design of the elements, trademarks and other information available in the Application and on the Webpage shall be the subject of exclusive rights of the Service Provider. The elements indicated shall constitute the subject of author’s economic rights, industrial property rights including the rights under the registration of trademarks and rights in databases and as such they enjoy the contractual legal protection.
Downloading or using in any scope the materials available within the Application shall require each time a written consent of the Service Provider and may not infringe the provisions of these Regulations and generally applicable law, as well as it may not infringe the interests of the Service Provider and Users.
Modifying or copying the elements of the Webpage and the Application shall be forbidden.
Creating webpages and applications similar or identical to the Application which mislead the recipients and may cause an impression that they are provided by or are related to the Service Provider shall constitute tort under the act on combating unfair competition.
To any matters not regulated herein, the provisions of the generally applicable law, in particular, the act of 23 April 1964 – the Civil Code shall apply.
All disputes arising from these Regulations and the contract concluded by the Customer and the Service Provider shall be governed by Polish law and be settled by courts of Polish jurisdiction. The court competent for settling any and all disputes arising between the Service Provider and the Customer shall be the court with jurisdiction over the registered office of the Service Provider.
The Regulations shall enter into force as of 20 October 2023.