Autokilometry Terms of Service

§1. Definitions

1. Service Provider – Emversa Maciej Łukowski, ul. Sielska 17a, 60-129 Poznań, Poland, NIP (Tax ID): 9720811257, email: office@emversa.com.
2. Autokilometry Platform (hereinafter: "Platform") – a web application (PWA) and iOS mobile application for maintaining mileage records of company vehicles and private vehicles used for business purposes.
3. Organization – a business entity that has entered into a service agreement with the Service Provider. The Platform is not available to consumers (B2C) – it is exclusively for business entities (B2B).
4. Administrator – a user with permissions to manage the Organization, Drivers, vehicles, and approve requests.
5. Driver – a user assigned to an Organization, authorized to record trips with company and/or private vehicles, manage their own private vehicles, and submit reimbursement claims.
6. Company Vehicle – a vehicle owned or leased by the Organization, registered on the Platform.
7. Private Vehicle – a vehicle owned by the Driver, registered on the Platform with Administrator approval, used for business purposes with the right to cost reimbursement.
8. Trip – a single journey recorded on the Platform, containing route, time, distance, speed, heading, weather, and telemetry data (GPS mode) or manually entered data (manual entry mode).
9. GPS Checkpoint – a GPS control point recorded during a trip, containing geographic coordinates, speed, altitude, heading, GPS accuracy, and timestamp.
10. Manual Entry Mode – a feature allowing trip recording without GPS tracking, designed for areas with unstable GPS coverage or users preferring increased privacy.
11. Auto-trip – a feature for automatic detection and recording of trips based on motion sensors and GPS location.
12. Gap Detection – a feature identifying unrecorded kilometers (mileage gaps) and location discrepancies between consecutive trips.
13. Reimbursement Claim – a Driver's request for reimbursement of costs for using a private vehicle for business purposes.
14. Subscription – a paid service agreement between the Organization and the Service Provider for a specified period, automatically renewed.
15. Trial Period – a 14-day free trial period for using the Platform before charges begin.

§2. General Provisions

1. These Terms of Service define the rules for providing services electronically by the Service Provider through the Autokilometry Platform.
2. The Platform is a tool supporting the maintenance of company vehicle mileage records. The Platform does not constitute a compliance tool and does not replace tax or legal advice. Users are obligated to independently verify the compliance of generated reports with applicable regulations.
3. The Platform is intended exclusively for business entities (B2B). Registration requires providing an active NIP number (for Polish entities) or EU VAT number (for entities from other EU countries).
4. Using the Platform constitutes acceptance of these Terms of Service and the Privacy Policy available at autokilometry.pl/prywatnosc.
5. The Service Provider additionally offers a Data Processing Agreement (DPA), available at autokilometry.pl/dpa. Acceptance of the Terms of Service constitutes simultaneous acceptance of the DPA terms.
6. The Platform is available in Polish and English. In case of discrepancies between language versions, the Polish version is binding for users from Poland.

§3. Registration and Verification

1. Organization registration requires providing: email address, Administrator's first and last name, company name, registered address, and NIP or EU VAT number.
2. The NIP number is automatically verified through relevant public registers (GUS for Polish NIP, VIES system for EU VAT ID). Organizations from outside the EU and from the United Kingdom provide their VAT number without automatic verification.
3. Organization registration requires providing a payment method (payment card) before starting the Trial Period.
4. The Administrator may invite Drivers to the Organization by sending an email invitation. The invitation is valid for 7 days.
5. Each user may belong to only one Organization.
6. Age requirements:
   • Administrators must be at least 18 years old.
   • Drivers may be 16-17 years old if they are legally employed by the Organization and hold appropriate driving licenses. The Organization is responsible for obtaining all required consents and fulfilling information obligations towards minors and their legal guardians.

§4. User Permissions

4.1. Driver Permissions

Drivers may:

• record business and private trips (GPS or manual mode),
• view their own trip history,
• edit their own trips before approval,
• submit requests to edit or delete approved trips,
• register and manage their own private vehicles,
• submit reimbursement claims for trips made with private vehicles,
• export their own data to Excel and PDF formats,
• manage privacy settings and consents.

4.2. Administrator Permissions

Administrators have all Driver permissions and additionally may:

• manage Organization data,
• invite and remove Drivers,
• manage company vehicles,
• approve or reject Driver requests,
• approve or reject reimbursement claims,
• view the real-time fleet map,
• view detected mileage and location gaps,
• confirm gaps with annotations,
• view reports and analytics for the entire Organization,
• manage subscription and payment methods,
• configure auto-trip settings for the Organization.

§5. Platform Features

5.1. Trip Recording

The Platform enables trip recording in two modes:

GPS Mode:

• automatic route recording with GPS checkpoints,
• speed, heading, and altitude recording,
• automatic address recognition (geocoding),
• GPS distance calculation and comparison with odometer reading,
• display of weather conditions and safety warnings.

Manual Entry Mode:

• manual entry of start and end addresses,
• manual entry of odometer reading,
• automatic distance estimation based on route,
• no GPS point recording (increased privacy).

5.2. Auto-trip (Automatic Trip Detection)

Optional feature requiring user consent:

• automatic detection of driving start based on motion sensors,
• notification with option to confirm or reject,
• configurable detection sensitivities: fast (2.5 min), normal (5 min), relaxed (8 min),
• restriction to configured working hours.

5.3. Gap and Discrepancy Detection

• Mileage gaps – identification of unrecorded kilometers between trips (threshold: 0.5 km),
• Location gaps – identification of physical distance between consecutive trips,
• GPS/odometer discrepancy – flagging trips where GPS distance significantly differs from odometer reading (>5 km and >20%).

5.4. Private Vehicle Reimbursement

• submitting reimbursement claims for a specified period,
• automatic amount calculation based on configurable rates,
• Administrator approval workflow,
• claim history and statuses.

5.5. Reports and Export

• Vehicle Mileage Log – report for company vehicles for tax purposes,
• Reimbursement Summary – report for private vehicles for cost reimbursement.

Reports are available in Excel and PDF formats.

5.6-5.8. Fleet Map, Speed Monitoring, Mobile Apps

• Fleet Map – real-time vehicle location visualization (requires at least 1 company vehicle),
• Speed Monitoring – instantaneous, maximum, and average speed recording and analytics,
• iOS – native app for iOS 18+ with widgets, Live Activities, CarPlay support,
• Android – native app (minimum version TBD).

Battery usage information: The mobile application uses GPS location services and motion sensors for trip recording and detection. These features may increase device battery consumption. Users may limit battery consumption by disabling auto-trip in the application settings.

§6. Subscription and Payments

6.1. Pricing Model

The Service Provider offers a subscription charged per vehicle and additional driver registered on the Platform:

Each vehicle slot includes 1 driver. Additional drivers may be purchased separately. Maximum 19 vehicles in self-service purchase. For 20+ vehicles contact: office@emversa.com.

All basic Platform features are available to all paying customers – no tier division. Fleet Map requires at least 1 company vehicle. Reimbursement claims require at least 1 private vehicle.

6.2. Trial Period

1. New Organizations receive a 14-day free trial period with full feature access.
2. Payment method registration is required before starting the trial period.
3. After the trial period, the subscription is automatically activated unless cancelled.

6.3. Payments and Invoices

1. Payments are processed by Stripe Payments Europe, Ltd. (Ireland).
2. Invoices are issued automatically after each payment.
3. For Polish customers: 23% VAT.
4. For EU customers (outside Poland): reverse charge pursuant to Art. 196 of Directive 2006/112/EC.
5. For United Kingdom customers: outside VAT scope (reverse charge).

6.4. Subscription Changes

1. The Administrator may increase or decrease the number of vehicle and driver slots at any time.
2. Increase: charged pro-rata immediately.
3. Decrease: no pro-rata settlement, effective from the next billing period.
4. Slots cannot be reduced below current usage.

6.5. Promotional Codes

1. The Service Provider may offer promotional codes for discounts.
2. One-time use codes may be applied at registration or to an existing subscription.
3. Codes are not redeemable for cash.

§7. Subscription Cancellation and Non-Payment

7.1. Cancellation by Organization

1. The Administrator may cancel the subscription at any time through the settings panel or Stripe Customer Portal.
2. Cancellation means opting out of automatic renewal – access remains until the end of the paid billing period.
3. Fees for the current billing period are not subject to pro-rata refund.

7.2. Grace Period (Cancellation Only)

1. After the paid billing period ends, a 90-day grace period begins.
2. During the grace period: Administrator has settings-only access; Drivers have no access; all data is preserved.
3. After the grace period: Organization is deactivated; users cannot log in; data is preserved per legal requirements.

7.3. Non-Payment

1. In case of payment failure, automatic retry attempts will be made per Stripe procedures.
2. If payment is not settled, Platform access is immediately suspended.
3. The grace period does not apply for non-payment.
4. Organization data is preserved for 30 days from suspension. After this, the Organization is deactivated.

7.4. Reactivation

1. During the grace period, the Administrator may reactivate through the settings panel.
2. For non-payment suspension, reactivation requires settling outstanding amounts.

§8. Personal Data Protection

1. The Service Provider is the data controller for user personal data.
2. The Organization is the data controller for its Drivers' personal data. The Service Provider acts as a data processor based on the Data Processing Agreement (DPA).
3. The Organization undertakes to fulfill the information obligation towards Drivers pursuant to Art. 13 of GDPR.
4. Detailed information is contained in the Privacy Policy at autokilometry.pl/prywatnosc.
5. Location data (GPS points) is collected only with user consent during active GPS trip recording.
6. Users may withdraw consent for location data processing at any time through profile settings.

§9. Intellectual Property Rights

1. The Autokilometry Platform, its source code, graphic design, trademarks, and documentation are the property of the Service Provider.
2. The Organization and users receive a non-exclusive, non-transferable license to use the Platform within the scope of these Terms.
3. Prohibited: copying, modifying, or distributing the Platform; decompilation, reverse engineering; removing copyright notices; using Service Provider trademarks without permission.

§10. Liability

10.1. Service Provider Liability

1. The Platform is provided "as is" and "as available." The Service Provider makes no warranties, express or implied.
2. The Service Provider makes commercially reasonable efforts for continuous and reliable operation but does not guarantee any specific SLA.
3. The Platform is not a compliance tool, does not constitute tax or legal advice.
4. Users must independently verify compliance of generated reports with applicable tax and accounting regulations.
5. The Service Provider shall not be liable for: GPS unavailability or geolocation errors; service interruptions beyond its control; decisions based on Platform data; data loss from force majeure; incorrect tax settlements; acts of third-party providers.
6. In no event shall the Service Provider be liable for indirect, incidental, consequential, or special damages, including loss of profits, revenue, data, business opportunities, savings, or reputation.
7. Total liability is limited to subscription fees paid in the 12 months preceding the event.

10.2-10.5. Organization Liability, Prohibited Activities, Indemnification

The Organization undertakes to: use the Platform lawfully, inform Drivers about data processing, protect account credentials, and independently verify report compliance.

Prohibited activities include: illegal use, sharing credentials, unauthorized access attempts, reverse engineering, malware introduction, scraping, and trip data falsification.

The Organization agrees to indemnify the Service Provider from claims arising from Terms violations. The Service Provider agrees to defend against third-party IP infringement claims, subject to liability limitations in §10.1.

§11. Termination and Suspension of Services

11.1-11.2. Account Suspension and Termination

The Service Provider may suspend accounts for Terms violations, suspected unauthorized access, non-payment, or security threats. The Service Provider may terminate with immediate effect for serious violations or illegal use.

11.3. Platform Discontinuation

1. The Service Provider may discontinue services with at least 90 days' notice.
2. Organizations will be notified by email; data export will be available in CSV and PDF formats.
3. After the notice period, data will be permanently deleted except for legally required retention.

11.4. Force Majeure

Neither party shall be liable for non-performance caused by circumstances beyond its control (natural disasters, war, terrorism, infrastructure failures, cyberattacks, government decisions, significant legal changes). If force majeure persists for more than 30 days, either party may terminate with immediate effect.

§12. Complaint Procedure

1. Complaints may be submitted electronically to: office@emversa.com.
2. A complaint should contain: identifying data, description of the issue, expected resolution.
3. The Service Provider will consider the complaint within 14 days of receipt.
4. The user will be informed about the resolution by email.

§13. Changes to Terms of Service

1. The Service Provider reserves the right to change these Terms of Service.
2. Users will be notified of changes by email at least 14 days before changes take effect.
3. Continued use after changes take effect constitutes acceptance of the new Terms.
4. If the Organization does not accept changes, it may cancel the subscription before changes take effect.

§14. Sub-processors and Third-Party Services

The Service Provider uses the following sub-processors and third-party services:

§15. Final Provisions

1. These Terms of Service are governed by Polish law.
2. Any disputes shall be resolved by the court having jurisdiction over the Service Provider's registered office.
3. If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
4. Failure or delay in exercising any right by the Service Provider shall not constitute a waiver of that right.
5. In matters not regulated by these Terms, the provisions of Polish law shall apply, in particular the Civil Code and the Act on Providing Services by Electronic Means.