RSM Cloud Terms of Service

§1 General provisions

The Terms of Service set out the rules and technical conditions of the use of the RSM Cloud Service.
The Service is provided by RSM Poland Sp. z o.o. sp. k. (formerly RSM Poland Audyt S.A.) seated in Poznań (61-555), registered address: ul. Droga Dębińska 3B.
Every User must read and comply with the Terms of Service. The commencement of the use of the RSM Cloud shall be tantamount to accepting the RSM Cloud Terms of Service, with no need to conclude a separate agreement.
The copyright in the RSM Cloud is protected under the Act on copyright and related rights of 4 February 1994 (Journal of Laws 1994 No. 24, Item 83, as amended).
The Terms of Service shall be governed by and construed in accordance with Polish law.
The Terms of Service shall be effective from 29 October 2019 until further notice.

§2 Definitions

The terms used in the Terms of Service shall have the following meaning:

RSM Cloud or Service – the virtual data server where the Service User saves and manages (retrieves, changes and consults) data.
Service User – RSM’s customer using an activated RSM Cloud Service.
Activation – enabling the service as indicated herein.
Login – the User’s identifier used to log in to the RSM Cloud.
Password – a string of characters used by the Service User to log in to the RSM Cloud.
Data – all files stored by the User and RSM in the RSM Cloud.
System – the IT system enabling the use of the RSM Cloud Service. The System ensures permanent access to data for the User of the RSM Cloud and enables the Service User to manage such data.
Agreement – the service agreement concluded by and between the User and RSM.
Terms of Service – these Terms of Service.
RSM Cloud Privacy Policy – a separate document informing the Users of what data are collected from them and how they will be used as well as describing the rules of the processing by RSM of the Users data.
RSM – RSM Poland Sp. z o.o. sp. k. (formerly RSM Poland Audyt S.A.) seated in Poznań (61-555), registered address: ul. Droga Dębińska 3B.

§3 Electronically supplied services

The services provided in the RSM Cloud are services supplied electronically by RSM Poland in accordance with the Terms of Service.
Through the RSM Cloud, regardless of the file format, the User and RSM may:
1. import\export documents, e.g. download documents to local storage,
2. import\export documents, e.g. download documents to local storage.
Service availability requires the completion by the User of the registration process referred to in § 4 below.

§ 4 Registration

In order to sign up for the RSM Cloud Service, the User must provide the data required in the electronic form.
The User must provide the User’s e-mail address or an e-mail address of the organisation which the User represents or for which the User acts. The e-mail address will be the Service login at the same time.
During registration, it shall also be required to create an individual password to the Service. RSM reserves the right to introduce specific password complexity requirements.
RSM will send an activation link to the e-mail address indicated in point 2. Clicking such an activation link enables the completion of the account activation process.

§ 5 Terms and conditions of service provision

RSM reserves the right to discontinue the provision of the RSM Cloud service if the User infringes the Terms of Service or the applicable law.
The following shall be prohibited:
1. uploading any illegal content to the RSM Cloud,
2. uploading to the RSM Cloud any content infringing personality rights, copyright and related rights or other rights in intangibles, or contrary to accepted principles of morality,
3. pornographic, erotic, obscene content (including links to such materials),
4. uploading malware to the RSM Cloud,
5. carrying out activities aimed at disrupting or precluding proper functioning of the RSM Cloud,
6. carrying out activities aimed at unauthorised access to the RSM Cloud,
7. publishing advertisements or other commercial communications in the RSM Cloud,
8. publishing content inconsistent with the rules of etiquette (e.g. multiple posts with the same or similar content, overuse of capital letters, emoticons),
9. content detrimental to the reputation of RSM.
In connection with the use of the RSM Cloud, it shall also be prohibited to make any declarations on behalf of persons without due authorisation granted by them to do so or to impersonate anyone, e.g. by using someone else’s personal data, including another person’s e-mail addresses.
If RSM discovers or becomes aware of the uploading by the User of any content inconsistent with the provisions of point 2 above or the carrying out of activities referred to in point 3 above, RSM shall immediately prevent access to such content or specific features of the RSM Cloud, or notify the competent law enforcement authorities thereof.
RSM shall immediately notify the User in the occurrence of an incident referred to in point 4 above.
RSM reserves the right to discontinue the provision of the Service in the event of failure or technical upgrade of the RSM Cloud, or during maintenance breaks. RSM shall make every endeavour for such unavailability of the RSM Cloud to cause the Users the least inconvenience possible.
RSM shall exercise due care in updating the RSM Cloud on an ongoing basis, in accordance with the changing legal regulations and technical requirements.

§ 6 Responsibility

RSM shall not be liable for any loss or damage arising from:
1. disclosure by the User of the User’s login or password to the Service to any third parties,
2. measures for the protection of the equipment or devices used by the User to access the RSM Cloud from malware or unauthorised third-party access,
3. any interruptions in the supply of the Service for reasons not attributable to RSM,
4. Internet failure,
5. unavailability of the RSM Cloud as a result of unforeseeable events,
6. improper functioning of the Service for reasons not attributable to RSM, e.g. telecommunication network failures,
7. Internet-related risks, e.g. hack attacks, viruses infecting the RSM Cloud,
8. misuse of the Service, its features, other than only the consequence of failure to comply with the Terms of Service.
The Users shall be solely responsible for signing up for and using the RSM Cloud. RSM shall not be liable for any of the following, arising from the use of the RSM Cloud:
1. any damage suffered by the User due to the User’s loss of profit or stoppage,
2. any damage caused by the User’s loss of business information.
The User shall be responsible for the use of the RSM Cloud solely in circumstances ensuring communication confidentiality, preventing unauthorised third-party access to any information uploaded to the RSM Cloud.
The RSM Cloud User shall be responsible for logging out of the Invoice Cloud after use.

§ 7 Technical requirements

The use of the RSM Cloud requires logging in first.
The use of the RSM Cloud requires the meeting of the following minimum technical conditions for web browsers:
1. minimum screen resolution: 1366x768,
2. a computer with the Windows 10, macOS Mojave operating system,
3. a web browser with WebAssembly, WebGL 2.0, JavaScript and cookies enabled.
In addition, the use of the RSM Cloud requires the following:
1. Internet access,
2. an electronic mail (e-mail) account,
3. a computer program for viewing and printing PDF files (e.g. Adobe Acrobat).
RSM makes the reservation that the use of the RSM Cloud may involve standard Internet-related risks and recommends that Users should take appropriate steps to minimise those; specifically, Users should maintain on their computers or other devices appropriate software such as firewalls and anti-virus programs with the most recent versions of virus definitions and updates.

§ 8 Complaint handling procedure

The User may lodge a complaint related to the use of the RSM Cloud.
Complaints should be lodged with RSM:
1. by electronic mail to the following address: [email protected],
2. in writing to the following address: RSM Poland Sp. z o.o. sp. k. (formerly RSM Poland Audyt S.A.) 61-555 Poznań, ul. Droga Dębińska 3B.
Complaints must be lodged no later than 7 (seven) days after the date on which the reason for the complaint occurred.
Complaints shall be examined within 30 (thirty) days of their receipt (i.e. the date of the delivery of the complaint concerned to RSM). The User shall be notified of the result of the complaint handling manner immediately after its examination.
In particularly complicated cases, where the examination of a complaint requires additional activities, the time limit for responding may be extended to 60 (sixty) days of the receipt of the complaint concerned by RSM.

§ 9 Cookies

RSM uses cookies in order to facilitate the use of the RSM Cloud by Users and for statistical purposes.
Cookies are small text files sent by a web server and saved on the device used by the User for Internet access (e.g.: a computer, a tablet, a smartphone).
The RSM Cloud saves cookies on the User’s device in the clipboard of the specific web browser on the User’s computer account or the telephone used by the User to go online.
By using the RSM Cloud, the User acknowledges that cookies accessible to RSM will be saved on the User’s terminal.
RSM may only make available information on persons using the RSM Cloud when required to do so in accordance with the applicable law or for the purpose of service provision after obtaining the User’s consent. Otherwise, RSM collects the above-mentioned information for its own needs.
RSM shall have the right to prepare statistics describing the group of the RSM Cloud Users or other visitors to the RSMCloud for the purpose of using such data to establish cooperation with prospective Users.
The User may change the User’s web browser settings at any time to disable cookies; nevertheless, the above may adversely affect the possibility to use the RSM Cloud.

§ 10 Final provisions

Any disputes between RSM and Users shall be settled by the competent court of law having jurisdiction in accordance with the applicable rules.
RSM reserves the right to discontinue all or part of the Services subject to a prior notification to the Service Recipients 14 days in advance.
These Terms of Service are available at the Website: rsm.global/poland/en/rsm-cloud-terms-service and www.rsmpoland.pl/pl/regulamin-chmury-rsm .
These Terms of Service may be amended by RSM at any time. Any amendments to the Terms of Service shall apply from the date indicated in such amended Terms of Service published at the Website.