Cloud Services and Support Terms and Conditions

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Definitions

1. Error — a failure, outage, lack of operation, or incorrect operation of the Platform or any of its features, resulting in the Platform not performing as intended. Errors are categorized as critical, high, normal, or low priority, as detailed in the Service Level Agreement (SLA) annex.
2. Service Level Objective (SLO) — the percentage of uptime the Platform is expected to achieve, depending on the Plan chosen by the Client.
3. Maintenance Time — the period between the proper submission of a Ticket, the Initial Response Time, and completion of the Maintenance.
4. Initial Response Time — the time in which the Platform Operator receives a Ticket, verifies its validity, categorizes the Error and its priority, and responds with an estimated Maintenance Time.
5. Downtime — more than a one-percent Error Rate.
6. Business Days — Monday through Friday, excluding public holidays in Poland.
7. Business Hours — the hours during which Support is available on Business Days, depending on the Client’s Plan:
   • a) 8x5 — 9:00 AM to 5:00 PM (UTC+02:00);
   • b) 12x5 — 7:00 AM to 7:00 PM (UTC+02:00);
   • c) 24x7 — an optional service available 24 hours a day, seven days a week.
8. Monthly Uptime Percentage (Availability) — a metric defining the Platform’s actual usability by Clients, calculated as the total number of minutes in a month minus the number of minutes of Scheduled Maintenance and Downtime, divided by the total number of minutes in that month.
9. Support Unit — the division of the Platform Operator responsible for providing Support for the Platform and Services. The Support Policy is an annex to these Terms and Conditions.
10. Client — a person or entity using the Platform under a Client Account.
11. Client Account — access to the Platform for the Client following Registration. Access to specific functionality is granted after purchasing a Plan.
12. Platform Credits — credits available to the Client when the Monthly Uptime Percentage falls below the Service Level Objective. The percentage of the monthly bill not meeting the SLO is added as credits that may be used for upgrades, increased limits, or future monthly invoices. Platform Credits are non-transferable, non-refundable, and may be used only for RevoEngine Services.
13. Maintenance — resolution of an Error in a manner that restores proper functioning in the affected area, or routine maintenance of the Platform. Maintenance is categorized as:

• a) Emergency Maintenance — critical maintenance that must be performed as soon as possible because of a critical Platform issue or total unavailability;
• b) Scheduled Maintenance — routine Platform maintenance planned with at least two days’ notice and which may lead to Downtime.

14. Negotiations — the process of establishing cooperation terms between the Platform Operator and an entity intending to become a Client using the Plus, Business, or Enterprise Plan.
15. Downtime Period — a period of one or more consecutive minutes of Downtime. Partial minutes or intermittent Downtime lasting less than one minute are not counted toward a Downtime Period.
16. Billing Period — the billing period for the Client Account Agreement, lasting one calendar month.
17. Platform Operator — REVONG MAREK POTARGOWICZ spółka komandytowa, with its registered office at ul. Rakowska 16/130, 02-237 Warsaw, Poland, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XIV Commercial Division of the National Court Register, KRS 0001010291, NIP 5223245103, operating the RevoEngine Platform.
18. Terms and Conditions — these Cloud Services and Support Terms and Conditions.
19. Platform Terms and Conditions — the terms defining the general conditions for using Services provided through the RevoEngine Platform.
20. Registration — the process of creating a Client Account by providing the required information, accepting the Terms and Conditions and Privacy Policy, and activating the Client Account as described in the Platform Terms and Conditions.
21. Plan — the type of access to functionality within the Client Account, reflecting the level of Services provided by the Platform Operator. Available Cloud Services Plans are Start, Standard, Plus, Business, and Enterprise.
22. Platform — the online RevoEngine technology platform operated by the Platform Operator, available at revong.com, providing Cloud Services within a contracted instance.
23. Retry Policy — the Client sending a Valid Unit must wait before resending a request after an Error. The minimum wait is one second for each consecutive Error, increasing exponentially up to 30 seconds.
24. Valid Unit — a synchronous unit such as an API request, an asynchronous unit triggered by an Event or Schedule available within the Platform, or a WebSocket operation that complies with the documentation and would normally result in a non-error response or status.
25. Force Majeure — an external event independent of the Platform Operator, unforeseeable and unavoidable, occurring after the Client Account Agreement takes effect and the Client receives access to Services.
26. Subaccount — a collection of data associated with a specific Subuser, including information provided by the Client and Subuser during their use of the Platform and information about their Platform activity. A Subaccount forms part of the Client Account.
27. Subuser — a person using the Platform after logging in to a Subaccount, in particular an Employee of the Client or a person invited by the Client to use Cloud Services within the contracted instance assigned to the Client’s Plan.
28. Services — the services provided or made available by the Platform Operator using the Platform, including Cloud Services and Support Services.
29. Cloud Services — access to a tool enabling Clients to store, process, analyze, and share data and to design client applications in a cloud environment. The Platform provides infrastructure, including servers, disk space, computational resources, and an execution environment in which Clients can create applications using components available on the Platform.
30. Error Rate — the number of Valid Units that could not be processed successfully, for example synchronous Platform API or Endpoint requests returning HTTP status 5XX, except reserved Endpoint status 502, or asynchronous units that finished with an error, subject to a minimum of 100 Valid Units in the measurement period. Synchronous sequential requests do not count toward the Error Rate when unit processing duration is greater than 60 seconds unless they conform to the Retry Policy.
31. Support — Maintenance and service support provided by the Support Unit.
32. Ticket — a report successfully submitted by the Client through the online ticketing system.

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1. Preliminary Provisions

1.1. These Terms and Conditions define the rules for the Client’s use of Cloud Services. Each Client must read and accept these Terms and Conditions before using Cloud Services. 1.2. By using Cloud Services, the Client agrees to be bound by these Terms and Conditions. If the Client does not agree to them, the Client must not use Cloud Services. 1.3. Cloud Services are subject to payment. The amount depends on the selected Plan and the current offer published on the Platform.

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2. Scope of Services

2.1. The Client may use Services within the Client Account only after Registration or Negotiations as described in the Platform Terms and Conditions. Subusers may use Services in accordance with the Platform Terms and Conditions. 2.2. Cloud Services give the Client access to a tool for storing, processing, and analyzing data and Client applications in a secure cloud environment provided by the Platform Operator. The Platform provides infrastructure, including servers, disk space, computational resources, and an execution environment in which the Client can run code or Components and create code based on the Platform and its documentation. 2.3. In addition to the Services described in section 2.2, the Client receives Maintenance and Support Services at the availability level stated in the SLA annex and according to the Support Policy applicable to the Client’s Plan. 2.4. The Client is aware that for the proper functioning of the Platform’s functionalities and the provision of Cloud Services, the Client may be required to take appropriate actions. The Client undertakes to promptly take all necessary actions required for the proper provision of services by the Platform Operator, especially upon each request issued by the Platform Operator. 2.5. Specifications of Cloud Services are available in the RevoEngine documentation.

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3. Support Services and Ticket Handling

3.1. As part of Support and Ticket handling, the Platform Operator will provide the Client with: 3.1.1. Maintenance of Platform Errors that occur while the Client uses Platform functionality; 3.1.2. Availability of the Platform; 3.1.3. Providing information and taking actions in the scope indicated in the Ticket. 3.2. The Client submits a Ticket through the online ticketing system or via email. Confirmation of the Ticket submission will be made via email to the email address assigned to the Client Account or from which the Ticket was submitted. 3.3. Tickets are divided into the following categories and, where applicable, priorities: 3.3.1. Errors — categorized as critical, high, normal, or low priority; 3.3.2. Billing; 3.3.3. Consultations; 3.3.4. Other — general inquiries and questions, including feature requests and general product feedback. 3.4. The Ticket should contain at least the following information: 3.4.1. Type of Ticket: Error, Billing, Consultations, Other; 3.4.2. For an Error, a description of the Error and its critical, high, normal, or low priority; 3.4.3. For an Error, the device on which it occurred, for example the specific tablet, desktop, Windows or macOS computer, browser, and browser version; 3.4.4. For an Error, the date and time of occurrence or the relevant time range; 3.4.5. For an Error, any other relevant circumstances; 3.4.6. For Billing, Consultations, and Other Tickets, a detailed description of the inquiry and relevant circumstances; feature requests should also state the Client’s requested delivery date. 3.5. The Platform Operator may suspend the Maintenance or provision of information due to lack of information or inaccuracies in the information contained in the Ticket, as mentioned in point 3.4 above, until the Client provides such information fully and correctly. The Platform Operator will inform the Client that the information provided is incomplete or incorrect. 3.6. In the case of the Client’s intention to access new features, the Platform Operator and the Client will separately agree on the estimated time of the order after discussing the functionalities. If the Client accepts the estimated time for delivering the functionality and the pricing for accessing such functionality, the Platform Operator will provide the Client with the functionality within the timeframe agreed with the Client. 3.7. The Platform Operator may change the category of the Error if it turns out to be different than in the Client’s Ticket. The Platform Operator will inform the Client of such a change, providing justification for the change as part of the Initial Response Time. 3.8. A Ticket for an Error is considered submitted at the moment of its acceptance confirmation in the Initial Response Time. 3.9. Tickets will be accepted on Business Days, during Business Hours, according to the Client’s chosen Plan. 3.10. Support will be provided remotely by the Support Unit on Business Days, during Business Hours, according to the Client’s chosen Plan. 3.11. Error definitions, priorities, and Initial Response Times are stated in the RevoEngine Support Policy annex and depend on the Client’s Plan. 3.12. The Initial Response Time specified in section 3.11 does not apply to matters other than Errors, as specified in sections 3.3.2–3.3.4. In such cases, the Initial Response Time depends on the Platform Operator’s individual decision. 3.13. If, after a Ticket submission, the Platform Operator determines that the Error occurred due to circumstances independent of the Platform Operator or the Platform, or the submission is not an Error, the Platform Operator is not obligated to perform its Maintenance. The Platform Operator will inform the Client about this. 3.14. The Platform Operator ensures the Monthly Uptime Percentage specified in the RevoEngine Service Level Agreement (SLA) annex. 3.15. The Platform Operator may perform Scheduled Maintenance after giving the Client at least two days’ notice. 3.16. The Initial Response Time and Scheduled Maintenance are not taken into account when calculating the Monthly Uptime Percentage of the Platform. 3.17. In the event of an Error, the Client sending a Valid Unit is obligated to wait a short period of time before resending the request in a new attempt, in which the Platform was unavailable, according to the Retry Policy. 3.18. Regardless of the definition of Error indicated in the Annex “RevoEngine Support Policy,” a situation in which the Client has limited access to the Platform or its key functionalities for a period lasting less than 1 minute per hour, i.e., 60 minutes and 100 requests, is not considered an Error. 3.19. All exclusions and limitations concerning Support Services are stated in the Service Level Agreement (SLA) annex.

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4. Compensation and Payment Terms

4.1. Compensation for access to Client Account functionality and Cloud Services is due under the Platform Terms and Conditions. For selected Plans, that compensation also includes Support Services for each calendar month of the Client Account Agreement, according to the Support level assigned to the Plan and regardless of the actual time spent providing Support. The Client may extend Support Services according to the Support Policy annex. 4.2. The Platform Operator is entitled to compensation for the work mentioned in section 3.6, on individual terms agreed with the Client. 4.3. During the Client Account Agreement, the amount of compensation referred to in section 4.1 may change. The change takes effect at the beginning of the next Billing Period, provided that the Client is informed by email at least seven days before that Billing Period begins. 4.4. The Platform Operator is not responsible for incorrect data provided by the Client, based on which payment was made.

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5. Liability

5.1. If the Service Level Objective is not met, the Client may use Platform Credits in subsequent Billing Periods under the RevoEngine Service Level Agreement (SLA). 5.2. The Platform Operator is not liable for non-performance or improper performance of Cloud Services or Support Services if performance became impossible or was hindered by Force Majeure and the Force Majeure affected the provision of Services. 5.3. The Platform Operator is not responsible for the contents stored by the Client using Cloud Services and does not moderate or modify them. 5.4. The Platform Operator is not liable for any damage caused to third parties resulting from the content of data transmitted to the Platform Operator by the Client. 5.5. The Client remains the sole owner of the code that will be run on the infrastructure provided by the Platform Operator for data processing. 5.6. The Client is obliged to secure their data and their own tools, including the source code for this tool and created API keys and other development tools. The Platform Operator is not responsible for data loss or the security of API keys that have been improperly secured or disclosed by the Client. 5.7. The Client is obliged to provide data in accordance with applicable regulations and security standards. 5.8. The Client must use Cloud Services according to their purpose, within the limits of the law and public decency, and with respect for the rights and property of others. In particular, the Client agrees: 5.8.1. Not to undertake actions that could disrupt the proper functioning of the Platform, including interfering with the content of the Platform or Client Account or with the information-technology elements of the Platform; 5.8.2. Not to undertake unethical or unlawful actions; 5.8.3. To refrain from acting in bad faith or abusing Cloud Services or Support Services contrary to their purpose or these Terms and Conditions. 5.9. The Platform Operator is not liable for the correctness of the functioning of operators providing connectivity to the Platform, both on the side of the Platform Operator and of those using the Platform.

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6. Personal Data Protection

6.1. The Platform Operator acts in accordance with applicable personal-data protection regulations. Detailed privacy information is available in the Privacy and Cookie Policy. 6.2. In case there is a basis for entrusting the Platform Operator with the processing of personal data, the Client, being the data controller, is obliged to entrust or make available for processing to the Platform Operator personal data contained in the content of information and data related to the provided Cloud Services. 6.3. The Client is obliged to fulfill the information obligation regarding the entrustment or making available, as mentioned in section 6.2, on behalf of the Platform Operator towards the persons whose data will be entrusted and to demonstrate the fulfillment of this obligation at each request of the Platform Operator. In case of non-fulfillment of this obligation by the Client, the responsibility for the non-fulfillment of the information obligation by the Platform Operator lies with the Client. 6.4. The Platform Operator, as the recipient of personal data, is obliged to apply all technical and organizational measures to protect personal data, in accordance with the principles defined in Article 32 of GDPR, and also to assist the entrusting Client in fulfilling the obligations set out in Articles 32–36 of GDPR in relation to personal data. 6.5. The Platform Operator, as the recipient, processes personal data only on documented instruction from the entrusting Client, unless such an obligation is imposed on it by applicable national or European Union law. In such a case, before starting the processing, the Platform Operator, as the recipient, informs the entrusting Client of this legal obligation, unless the law prohibits providing such information due to a significant public interest. 6.6. The Platform Operator, as the recipient, ensures that only persons authorized to process personal data will have access to them. 6.7. In the event of a personal data breach, the Platform Operator, as the recipient, will notify the entrusting Client of the detected breach within 48 (forty-eight) hours. 6.8. Upon the completion of providing Cloud Services by the Platform Operator, the Platform Operator will delete or return personal data, unless the absolutely binding legal provisions provide otherwise. 6.9. The Platform Operator, as the recipient, will enable the entrusting Client to conduct audits, including inspections, in the area concerning the entrustment of personal data processing, and will ensure cooperation in this regard. The entrusting Client will notify the recipient Platform Operator of the need to conduct an audit, including an inspection, at least 7 days in advance, and the conduct of such an audit, including an inspection, should not negatively affect the work of the recipient Platform Operator. All costs associated with the audit, including inspection, are borne by the entrusting Client. 6.10. The Platform Operator, as the recipient, may use the services of another data processor. 6.11. The Platform Operator, as the recipient, is obliged to ensure that each person processing personal data on its behalf processes them solely on the instruction of the entrusting Client.

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7. Inquiries and Complaints

7.1. Client inquiries, requests, complaints, and comments concerning Cloud Services or Support Services should be submitted through the Client Account or to support@revong.com. A complaint must include at least the email address assigned to the Client Account and a detailed description of the circumstances and irregularities giving rise to the complaint. If the information is insufficient to consider the complaint, the Platform Operator will request the necessary clarification or additional information electronically. If the Client does not provide the requested information, the Platform Operator may leave the complaint without consideration. 7.2. A complaint should be submitted within 30 days from the occurrence of the event being complained about. Complaints will not be considered after the expiration of the aforementioned 30-day period. 7.3. Complaints will be considered within 14 days for individuals recognized as consumers within the meaning of Article 22(1) of the Polish Civil Code, from the date of their receipt, and within 30 days for other entities. The response to the complaint is sent electronically to the address provided in the complaint submission. 7.4. By submitting a complaint, the Client agrees to the processing of personal data in the scope of the email address from which the complaint was sent.

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8. Final Provisions

8.1. The Platform Operator has the right to change the provisions of these Terms and Conditions by posting them on the Platform and delivering such information to the Client at the provided email address. Changes come into effect within the time indicated by the Platform Operator, unless applicable law stipulates otherwise. The Client should familiarize themselves with the changes made by the Platform Operator. 8.2. A Client who does not agree to the changes in the Terms and Conditions cannot use the Services after the expiration of the period referred to in point 8.1. Continued use of the Services by the Client after the changes in the Terms and Conditions come into effect is equivalent to the acceptance of these changes. 8.3. The Platform Operator may at any time change the scope or type of content available in Cloud Services, as well as expand, modify, limit, or discontinue both in relation to some and all functionalities available within the Cloud Services. 8.4. If any provision of these Terms and Conditions is invalid or ineffective, it does not affect the validity of the remaining provisions. Invalid or ineffective provisions will be replaced by provisions that most closely match the business purpose and nature of the relationship between the Platform Operator and the Client. 8.5. In matters not regulated by these Terms and Conditions, the provisions of the Platform Terms and Conditions shall apply. 8.6. In the event of discrepancies between the content of the Platform Terms and Conditions and the content of these Cloud Services Terms and Conditions, the provisions of these Cloud Services Terms and Conditions shall apply. 8.7. The Service Level Agreement (SLA) and Support Policy are integral annexes to these Terms and Conditions.

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Revision History