Terms of service — Aplixcom SMP

§ 1General provisions

These Terms set out the rules for providing electronic services on the websites aplixcom.com, scada-mes.pl, scada-mes.com, vistagate.pl and vistagate.eu (the “Websites”). They are issued under Article 8 of the Polish Act of 18 July 2002 on Providing Services by Electronic Means.
The service provider is Aplixcom Solutions spółka z ograniczoną odpowiedzialnością spółka komandytowa, registered office: ul. Józefa Marcika 12, 30-443 Kraków, Poland, KRS 0000449275, tax ID (NIP) 954-26-62-274, REGON 241123463 (the “Provider”), e-mail info@aplixcom.com.
The Terms are available free of charge on each Website in a form that allows them to be obtained, reproduced and recorded (printed or saved).
Using the Websites means accepting the Terms. Sending the Contact form requires confirming that the User has read and accepts the Terms.

User — a natural person, legal person or organisational unit using the Websites.
Consumer — a User who is a natural person using the Websites for purposes not directly related to their business or profession.
Sole trader with consumer rights — a natural person concluding a contract directly related to their business, where the content of the contract shows that it is not of a professional nature for them (Article 385⁵ of the Polish Civil Code).
Contact form — a form on a Website with which the User sends an enquiry to the Provider.
Services — the services described in § 3.

The Provider provides the following Services free of charge:
1. making the content of the Websites available — information about the Provider, the Aplixcom SMP and Aplixcom VistaGate software and the Provider’s services;
2. the Contact form on aplixcom.com, vistagate.pl and vistagate.eu — sending an enquiry to the Provider together with an automatic confirmation of receipt sent to the User’s e-mail address;
3. the form on scada-mes.pl and scada-mes.com — preparing an e-mail message in the User’s e-mail program; the message is sent outside the Website, by the User;
4. remembering the User’s settings (language version, cookie choice).
These Terms do not cover software licences, deployments, support, demo versions or tools provided to the User after contact (e.g. the Connectivity Tester). These are governed by separate agreements or licence terms.

To use the Websites you need a device with Internet access and an up-to-date web browser (e.g. Chrome, Edge, Firefox, Safari) with JavaScript enabled.
To use the Contact form you need an active e-mail address. The form on scada-mes.pl and scada-mes.com also requires an e-mail program configured on your system.
Using the Internet involves risks, including interception of transmission by unauthorised persons or malicious software. The Websites work over an encrypted HTTPS connection.

The contract for making the content of the Websites available is concluded when a Website is opened and terminates when it is left.
The contract for using the Contact form is concluded when the form is sent and terminates when the confirmation of receipt is delivered. Further correspondence does not require a separate contract.
The User may stop using the Services at any time, without giving a reason and at no cost. Settings stored in the browser can be deleted by the User.
The Provider may refuse to accept an enquiry or stop providing a Service to a User who breaches § 6 — after a prior request to stop the breach, unless the breach is obvious (e.g. automated sending or unlawful content).

The User uses the Websites in accordance with the law, good practice and these Terms.
Providing unlawful content, including content infringing the rights of third parties, is prohibited.
In particular, it is prohibited to send unsolicited commercial information through the Contact form, fill in forms automatically, provide another person’s data without authorisation, or take actions that disrupt the Websites or compromise their security.
The User provides true and up-to-date data in the Contact form. Please do not send confidential information (e.g. trade secrets) through the form — the parties sign a non-disclosure agreement before exchanging it.

The content of the Websites is for information only. It is not an offer within the meaning of Article 66 of the Polish Civil Code but an invitation to conclude a contract (Article 71 of the Civil Code). The scope, price and terms of cooperation are agreed in an individual offer and contract.
The deployment results described relate to specific projects and are not an assurance that the same results will be achieved in another plant. Screenshots show demonstration data.
References relate to different projects and different products of the Provider; the presence of a company’s name on a Website does not mean that it uses all of the functions described.

The content of the Websites — texts, graphics, screenshots, page layouts, logos and product names — is protected by copyright and industrial property law and belongs to the Provider or to entities that have allowed the Provider to use it.
Names and logos of customers and partners belong to their owners and are used for information purposes only.
Copying, distributing or modifying the content of the Websites beyond permitted use requires the Provider’s written consent.

The Provider makes every effort to keep the Websites running without interruption and their content up to date and correct. The Provider may temporarily suspend the Websites for maintenance, updates or to remove faults.
The Provider is not responsible for the content of third-party websites linked from the Websites.
Towards Users who are neither Consumers nor sole traders with consumer rights, the Provider is not liable for damage resulting from the use of the free Services, unless caused intentionally.
These Terms do not exclude or limit the rights of Consumers and sole traders with consumer rights under mandatory provisions of law.

Complaints about the Services can be sent by e-mail to info@aplixcom.com or by post to the Provider’s registered office.
A complaint should include the User’s contact details and a description of the problem and, where possible, the page address, the date of the event and the browser used.
The Provider handles a complaint within 14 days of receipt and sends the reply to the address from which it was sent or to the address given in the complaint.
Consumers may use out-of-court complaint and redress procedures, in particular the help of a district (municipal) consumer ombudsman or a regional Trade Inspection office in Poland, or of the consumer organisations in their country of residence.

The rules for processing personal data and using cookies are set out in the Privacy policy.

The Provider may amend the Terms for important reasons, in particular changes in the law, the scope of the Services or the operation of the Websites. The amended Terms apply from the date of publication on the Websites; Services started earlier are governed by the previous version.
Matters not covered are governed by Polish law, in particular the Civil Code and the Act on Providing Services by Electronic Means. This choice of law does not deprive a Consumer of the protection afforded by provisions that cannot be excluded by agreement.
Disputes with Users who are neither Consumers nor sole traders with consumer rights are settled by the court competent for the Provider’s registered office. Disputes with Consumers are settled by the court competent under general rules.
These Terms apply from 20 October 2026. This is a translation; in case of discrepancies the Polish version prevails.