Terms & Conditions

CHECKER.AI SYSTEM REGULATIONS

These Regulations are used to determine the rules of Checker.ai System operation and to clarify the legal relationship between entities using this System and Checker Smart Solutions Sp. z o.o. with its registered office at Przewóz 34, p. 220, 30-716 Cracow, registered in the National Register of Entrepreneurs held by the District Court for Cracow – Śródmieście in Cracow , 11th Commercial Division of the National Court Register under KRS number: 0000765230, share capital: PLN 1,149,000.00.

The System cannot be used by a person under the age of sixteen and if the person is between sixteen and eighteen years old, only with the permission of his/her legal guardian.

Using the System in any manner, also by making use of the Services, going through the Account registration process and consenting to use these Regulations, the User or the Guest declares that (i) he/she has read, understood and accepts the provisions of the Regulations, (ii) his/her age and legal capacity enables to conclude an agreement with Checker, (iii)  he/she has the right to act on behalf of the entity which he/she represents and his/her declarations are effective. If the User does not agree to apply under the provisions of the Regulations, he/she should not use the System or any Services.

Checker provides the monitoring system using Wi-Fi and Bluetooth technology to measure and store the Data and to present the Data to the Users on Mobile Devices. The System can detect among others open doors or windows or a water leakage. The System will help you monitor your home, office or any other location, but it cannot ensure full security of those locations.

1. DEFINITIONS

1. Unless otherwise indicated, the following capitalized terms have the following meaning:

1.1.1 Application – means Checker mobile application.

1.1.2 Price – means a value of the Product denominated in foreign currency increased by the tax amount on goods and services, transport, customs or any other fees arising from applicable law.

1.1.3 Checker – means the entity managing the System, that is Checker Smart Solutions Sp. z o.o. with its registered office at Przewóz 34, p. 220, 30-716 Cracow,  registered in the National Register of Entrepreneurs held by the District Court for Cracow-Śródmieście in Cracow, 11th Commercial Division of the National Court Register under the KRS number: 0000765230.

1.1.4 Data – means the data collected by the Sensors and kept in the System, such as information on flood, opening and closing of doors, windows or other elements which opening or closing is possible as a result of the Sensors application (e.g. first-aid kit doors, garage doors, etc.).

1.1.5 Form – means a questionnaire separated on the Website, through which Checker acquires the data necessary to create an Account.

1.1.6 Password – means the User’s anonymized verification tool which enables the access to the Account and is the sequence of signs possibly to entry by using the keyboard of the computer or Mobile Device, which also allows entering text messages in the amount and configuration invented by the User however containing at least 8 signs and at least one capital letter, at least one lowercase letter and at least one digit.

1.1.7 Hub – means web device included in the set and being an internet gateway for the Sensors. The Hub is connected with Wi-Fi and transmits the status of the Sensors in real time to computer system.

1.1.8 Other Websites – means websites other than the Website.

1.1.9 Customer – means the User or the Guest who submitted the Order and also a person who received the Product from another Customer.

1.1.10 Account – means individualized panel serving the User to exploit the System, in particular by using the Services, using a functionality of the Products, browsing Data, submitting Orders, browsing Order’s history, filing a compliant

1.1.11 Licence – means a non-exclusive right to personal use of the Application in the scope regarding to use of the Product.

1.1.12 Link – means hyperlink referring to the Other Website.

1.1.13 Login – means the User’s verification tool that gives an access to the Account, which is the User’s email address.

1.1.14 Contents – means the contents such as texts, pictures and other, which the Guest, the User or the Customer publishes on the Website or in the Application.

1.1.15 Guest – means an entity browsing the Website.

1.1.16 Privacy Policy – means the Privacy Policy, which defines the rules of personal data processing by Checker, available under the following internet address: https://checker.ai/privacy-policy/.

1.1.17 Notification – means alert or other kind of message sent to the User as part of the provision of the Services.

1.1.18 Product – means any type of equipment, components and other elements, in particular the Sensors and the Hub and also a subscription for using the Application, which are possible to obtain through the Website or by submitting the Order.

1.1.19 Regulations – means this System Regulations available under the following address https://checker.ai/terms-conditions/.

1.1.20 Sensor – means Checker sensor, i.e. a device installed by the user to monitor a certain event. The device communicates with the Hub to synchronize the status with the cloud computing system.

1.1.21 Store – means a platform that allows to download the Application for the Mobile Device, in particular Apple App Store or Google Play.

1.1.22 Website – means website located under the address of checker.ai.

1.1.23 System – means in total the Sensors, the Hub, the Website and the Application.

1.1.24 Device – means devices such as a computer, telephone, smartphone, tablet or other electronic equipment which allows browsing web pages.

1.1.25 Mobile Device – means a portable device such as a telephone, smartphone, tablet or other electronic equipment which operates the Application.

1.1.26 Services – means services provided by Checker and available through the System.

1.1.27 User – means an entity who owns the Account.

1.1.28 Intellectual Property – means any designations, inventions, utility models, industrial designs, works and other externalized expressions of creative activity that are the subject of exclusive rights of Checker or its Associates.

1.1.29 Associate – means an entity cooperating with Checker, including in particular suppliers of parts, components and materials or other entities, whose services are used or for whom Checker provides services.

1.1.30 Order – means the User’s or the Guest’s declaration of intent accepted by Checker, which leads to arise mutual obligations between the User (the Guest) and Checker, including in particular – on the User’s (the Guest’s) side – an obligation to pay the Price and possibly other defined costs and – on Checker’s side – an obligation to transfer ownership of the Product which is purchased by the User (the Guest) or to grant a Licence.

1.2 Above mentioned definitions retain their meaning  irrespective of whether they are expressed in the singular or the plural.

2. GENERAL RULES

2.1 Using the System means full acceptance of the Regulations. The acceptance of the Regulations means also a permission for displaying the Associates’ advertisements in the System.

2.2 The Regulations applies to relations between Checker and the Guest, the User or the Customer only. If the System introduces the possibility of providing services by other entities, they will be provided on the basis of regulations shared by these entities and only these entities will be responsible for the execution of the services, except the content of the Regulations clearly and unambiguously indicates otherwise.

2.3 Each entity using the System is obliged to use it in accordance with its destiny resulting from the Regulations.

2.4 Using the Website is permissible provided that the Device meets jointly the following minimum technical requirements:

a) has an access to the Internet

b) allows the start-up of the one from following internet browsers:

(i) Google Chrome

(ii) Opera

(iii) Firefox

(iv) Safari

(v) Microsoft Edge

The internet browser version used cannot be older than one year.

2.5 Using the Application is possible if the Mobile Device meets the following  minimum  technical requirements:

a) Android (since version 5.0) or iOS (since version 11.0),

b) Bluetooth Low Energy 4.2,

c) an Internet access.

2.6 It is recommended to install anti-virus software on the Device or on the Mobile Device.

2.7 Checker may send Notifications directly as a part of the Services provided. The User or Customer has the ability to manage Notifications through the appropriate settings under the Account.

3. ACCOUNT

3.1 ACCOUNT SET UP

3.1.1 Account set-up is possible both through the Website and the Application.

3.1.2 Account set-up requires completing the Form and its approval and reading and accepting the Regulations and the Private Policy confirmation.

3.1.3 A person entering data into the Form is solely responsible for the consequences of its falseness, incorrectness, incompleteness or other type of defect.

3.1.4 After completion of the steps referred to in Section 3.1.2., Checker sends and activation link on the e-mail address indicated in the Form.

3.1.5 Using the Account becomes possible after clicking on the activation link and displaying of the information on the Account activation.

3.2 ACCOUNT USING

3.2.1 The User gains an access to the Account using the Login and the Password which he provided at the stage of completing the Form.

3.2.2 The User is entitled to use the Account to the extent that it results from the purpose of the Account, and therefore may through it:

a) use the Services,

b) submit Orders,

c) file Complaints,

d) read out the Data,

e) change his/her personal data,

f) delete the Account.

3.2.3 Failure to set up an Account prevents the use of the Services. In order to achieve the intended operation of the Product, it must be configured with the System in accordance with the instructions contained in the Application or Website.

3.2.4 The User should immediately contact Checker if he suspects any unauthorized access to the Account or the Password.

3.3 REGAINING LOST ACCESS TO THE ACCOUNT

3.3.1 In case of inability to log into the Account due to the loss or forgetting of the Password, the User may use an option “I forgot the password” available in the Website login window.

3.3.2 If the User uses an option “I forgot the password”, Checker sends an e-mail on the e-mail address entered by the User during the registration, with the link redirecting to the website, where the User will be able to define a new account password.

3.4 DELETION OF THE ACCOUNT

3.4.1 The Account may be deleted as a result of the disposition made by the User selecting the appropriate option via the Account.

3.4.2 The Account may be blocked by Checker after at least 6 months from the previous effective login. Blocking results in sending a message on the User’s e-mail address about the blockade and that in the event of inactivity the Account will be deleted after 6 months from sending this message.

3.4.3 Checker may delete the User’s Account that violates the provisions of the Regulations. Before deleting, Checker sends to the User via e-mail a request to cease violations and with information that in the case of repeated violation of any of the provisions of the Regulations, the Account will be deleted.

3.4.4 Checker is not obliged to send a request referred to in Section 3.4.3. if the character of the violation is obviously deliberate, in particular if it:

a) intends to use the System in a manner inconsistent with the principles of community life or public decency,

b) has the hallmarks of criminal activity,

c) intends to extort data, infect with malicious software, illegally modified content posted in the System or in any other manner technologically violates or threatens in particular personal interests, personal data protection, privacy, business secret or any other type deserving to protect the interests of Visitors, other Users , Customers or Checker, as well as third parties,

d) it is likely that it constitutes an act of unfair competition or unfair market practice,

e) violates rights to the Intellectual Property.

3.4.5. In cases referred to in Sections 3.4.3 and 3.4.4., the User has a right to file a complaint on Checker’s decision. The complaint should be made via e-mail to the following e-mail address: contact@checker.ai.  The complaint will be considered by Checker within 30 days of its receipt. The decision made following consideration of the complaint is final. If it is necessary to extend the deadline to consider the complaint, Checker will inform the User about it before the deadline referred to in the previous sentence

4. ORDER

4.1 The Products and the subscription to use the Application are ordered using the appropriate functionalities on the Website, including after logging into the Account.

4.2 In order to submit the Order, the Guest or the User adds the selected Product to the shopping basket and then selects “Finalize the order” or “Continue shopping”.

4.3 Selecting the option “Finalize the order” without previous logging into the Account results in requirement for indication of specified data and then leads to a summary of the choices made by the Guest or the User and confirmation by the entity submitting the Order. The summary will indicate, among other things, the total Price for the Products ordered, which should be paid by the entity submitting the Order. The next step is to select the delivery and payment method.  In order for the Order to be submitted, it is necessary to accept the Regulations and the Privacy Policy by checking the appropriate box. The Order is submitted following the selection of the option “I am submitting the order with payment obligation”.

4.4 Checker is not responsible for any additional fees, including taxes, imposed by the relevant authorities of the country in which the entity submitting an Order resides / is located. Payment of these additional fees remains the responsibility of the entity submitting the Order.

4.5 In case of submitting the Order without previously creating the Account, the condition for successful submission of the Order is also completing the form through which Checker collects data necessary to complete the Order, and which will then be used to create the Account. An information about setting up of the Account in this way is sent to the Customer via e-mail.

4.6 Submitting the Order is confirmed via e-mail sent by Checker to the Customer.

4.7 Selection the “Continue shopping” option allows to add additional Products to the shopping basket.

5. DELIVERY

5.1 Checker sends the Product/Products covered by the Order as soon as possible for Checker after the date of receipt of information on payment of the Order or – in case of payment on delivery – after the date of submitting the Order. Checker will keep Customers informed about the expected date of sending the Product after the date of submitting the Order.

5.2 The Customer may choose one of the delivery options available at the moment of submitting the Order, indicated in the summary of the Order.

5.3 The Customer acknowledges that selecting specified delivery option is connected with the supplement of the Price with a value of the delivery service that will be chosen by the Customer.

5.4 The Customer acknowledges that Checker is not responsible for timely delivery of Orders if is not solely responsible for it.

6. PAYMENT

6.1 At the stage of submitting the Order it is possible to choose one of the following payment forms:

a) online money transfer,

b) credit card.

6.2 Checker is not liable for the damages caused by the payment service provider. In particular, the Customer should read the regulations for the provision of services by this entity.

7. LICENCE

7.1 Upon downloading the Application, the Customer receives the Licence to use the Application in accordance with subscription purchased under the conditions set out in Section 7. It is reserved that downloading of the Application from the Store may be connected with a necessity to accept the Store’s regulations.

7.2 The licence is limited, non-transferable, revocable, non-exclusive and granted for a period consistent with purchased subscription. The Customer is not entitled to give a sublicense.

7.3 The Licence is granted only in the following  forms of exploitation:

a) downloading and installing on the Mobile Devices,

b) synchronizing the Account with the Product,

c) using only for personal and non-commercial purposes – as intended by the System.

7.4 The use of any software other than the Application is subject to the rules arising from the Regulations (the provisions of Sections 7.1 – 7.3 apply accordingly) or the rules specified by the providers of such software in accordance with the Schedule 2.2.

7.5 In particular, the Customer is not entitled to perform reverse engineering in relation to the Product, copy, modify or otherwise adjust the Product or introduce the Product in its original or processed form into the market.

8. SUPPORT

8.1 Checker tries – to the best of its ability – to support the Guests, Users and Customers in solving their problems related to functioning of the System, as well as undertakes actions to improve the quality of the System’s functioning and the provision of the Services based on the comments submitted by these entities.

8.2 Submitting requests, suggestions and other issues requiring the cooperation on the part of Checker is possible via the following e-mail address: contact@checker.ai.

9. LIABILITY

9.1 CHECKER’S LIABILITY

9.1.1 Checker is liable only for non-performance or improper performance of its obligations resulted from the Regulations only to the extent limited to the damage actually suffered and excluding lost profits. The liability referred to above occurs only when the damage is the result of Checker’s wilful misconduct or gross negligence

9.1.2 Checker shall not be liable for the consequences of complying with the content of tips, articles or other publications on the Website or the Application. This does not apply to the information indicated as the Original or Authorised which are directly related to the principles of using of the Products.

9.1.3 Checker shall not be liable for any consequences directly or indirectly related to non-compliance, improper or incomplete application by the Customer of the descriptions on the Product or its packaging, instructions attached to the Product or other information or recommendations directed individually to the Customer. This applies in particular to issues regarding the installation and use of the Products.

9.1.4 Checker shall not be liable for the consequences of installing or sending any malicious software, phishing or any other practises undertaken by other entities to the System, including Guests, Users or Customers.

9.1.5 Checker shall not be liable for the consequences of phenomena known as force majeure, including in particular power outages, fires, atmospheric phenomena, wars, riots, strikes and other similar events that are not affected by Checker.

9.2 THE GUEST’S/ USER’S/ CUSTOMER’S LIABILITY

9.2.1 The Customer assumes full liability for the consequences of using the Product by the Customer and by other persons to whom the Customer has transferred, sold, donated or otherwise made available the Product, if the Product was used contrary to its intended purpose, resulting from the specificity of this type of products, inconsistently with descriptions and warnings placed on the Product, its packaging, instructions for use or not in accordance with the content of the warranty document.

9.2.2 The Guest/User/Customer is fully liable for the consequences of authorised or unauthorised distribution of any content available on the Website or the Application. This applies in particular to the Intellectual Property. The liability includes, in particular, Checker’s release from any claims in this respect if such are against Checker.

10. CONSUMER’S RIGHTS

10.1 The Customer has a right, without giving any reason, to withdraw from the contract concluded as a result of submitting an Order within 14 days from the date of the delivery of the Product. To exercise your right of withdrawal from a contract, the Customer must inform us – Checker Smart
Solutions Sp. z o.o., ul. Przewóz 34/220, Kraków, email: contact@checker.ai, about decision to withdraw from this contract by an unambiguous statement (for example, a letter sent by postmor e-mail). The Customer may use the specimen form for withdrawal from a contract, but this is not obligatory.

10.2 It is reserved that withdrawal from the contract is applicable only if the Product is delivered to Checker in a non-deteriorated condition within the deadline indicated in the Schedule 10.1 above.

10.3 If the Product was made in accordance with the Customer’s individual request, the right to withdraw from the contract referred to above shall not be granted.

11. PERSONAL DATA PROTECTION AND SECURITY

11.1 PERSONAL DATA

11.1.1 Checker processes personal data with due diligence and ensuring adequate technical and organizational security measures.

11.1.2 Detailed information about the protection of personal data can be found in the Privacy Policy.

11.2 SECURITY

11.2.1 Checker shall not be liable for the contents and rules of personal data protection and privacy on the Other Websites, including those to which the Links refer. Checker shall not be liable for the damages caused by browsing the Other Websites or posting any personal data or other information on them.

11.2.2 Checker recommends reading the rules of personal data protection and privacy on the Other Websites, including those to which the Links refer, before starting using them, in particular before publishing own personal data or other essential information on the Other Websites.

11.2.3 Checker recommends installing appropriate ani-virus software on the Device or on the Mobile Device. Checker shall not be liable for any consequences resulting from the placement of malicious software, phishing or other illegal activities by other persons on the Website or Other Websites. The liability of Checker only occurs in the event of arising of  wilful misconduct or gross negligence of Checker.

11.2.4 It is prohibited to publish any contents on the Website, which could cause a damage to Checker, Associates or other entities. It is also prohibited to publish any content on the Website in places other than those expressly indicated for this purpose. The entity publishing any content on the Website is fully liable for any consequences caused by such publication. The above applies in particular to posting any type of malicious software on the Website as well as undesirable contents, in particular due to the nature inciting hatred on any background, in particular racial, religious or national.

12. SERVICE BREAKS

12.1 Checker reserves the right to introduce a break in the operation of the Website or the Application or their certain functionalities. If there is an intention to implement a break, Checker will notify Users about it via e-mail and post relevant information or a massage on the Website or in the Application at least 3 days before the date of planned break.

12.2 In the event of unintended breaks in the operation of the Website or the Application or their certain functionalities, Checker will immediately notify the Users about it via e-mail and post a relevant information or massage on the Website or in the Application

12.3 Acceptance of the Regulations means also giving an approval for the Services, including remote access and the Notifications available in the Application being not 100% reliable. Checker does not guarantee that User will receive the Notifications at any time. At the same time, the User confirms that he/she will not fully base his/her belief in the threat to other people’s life or health solely on the basis of the Notifications in the Application.

13. INTELLECTUAL PROPERTY

13.1 All rights to the Intellectual Property of the System, Products, their packaging and materials published in the System, including in particular photos, descriptions, information, messages, charts and diagrams, are owed solely by Checker, or Checker uses them under a license from the entity to which they are entitled.

13.2 The Guest, User and Customer by using the System do not acquire any rights to the Intellectual Property. It is prohibited to use the Intellectual Property for purposes other than those resulting from the authorized personal use referred to in the Article 23 of the Act of February 4, 1994 on Copyright and Related Rights.

13.3 The Guest, the User and the Customer shall be liable for the content of the Contents. The Guest, the User and the Customer should place only those Contents that he/she has created or has the right to use and to publish on the Website or in the Application. By placing the Contents on the Website or in the Application, the Guest, the User or the Customer grants Checker a licence to use the Contents by storing, reproducing, modifying, creating studies, publishing, distributing, transferring, public displaying or playing and other use of the Contents in connection with the provision of the Services. Checker has also the right to share the Contents to other Guests, Users and Customers who can view and use the Contents in accordance with the Regulations.

13.4 The Guest, the User and the Customer shall be liable for all damages resulting from the violation of the Intellectual Property rights, including in particular the unauthorised distribution, copying or sharing. The liability includes, in particular, release from claims of other persons directed against Checker as a result of the actions of the Guest, the User and the Customer.

13.5 The Guest, the User and the Customer assumes full liability for the Contents referred to in the Section 13.3. In particular the User is obliged to join on the part of Checker proceedings pending on the initiative of third parties in the field of protection of their intellectual property rights and to release Checker from all claims of persons authorized in this respect.

14. FINAL PROVISIONS

14.1 All questions, problems, comments, complaints and doubts should be reported to Checker via e-mail to the following e-mail address: contact@checker.ai.

14.2 The System is not intended for persons under 16 years of age.

14.3 Checker has the right to make changes in the content of the Regulations. Checker is obliged to notify the User about any changes made in the content of the Regulations. The application of the Regulations in the amended wording takes place after 14 days from the date of sending by Checker the information on the changes via e-mail to the e-mail address provided during registration.

14.4 The Regulations are the only (together with the Privacy Policy) document specifying the rules for the provision of the Services by Checker. To the extent not covered by the Regulations, the provisions of generally applicable law shall apply.