Terms of Service for the DBR77.COM Platform

1. Information about the terms of service

1.1 By using the services of the DBR77.com platform, you declare that you agree to these Terms of Service. Please read them carefully. As a Platform, we provide services related to the broad concept of digital development for businesses. Our services and products encompass solutions in the areas of digital development roadmaps, digital twin, and marketplace. Regarding each of them, additional terms related to the specificity of the particular solution may apply. They are described in detail in the respective tabs concerning the indicated services and products.

1.2 DBR77 respects your privacy and the confidentiality of information. Please familiarize yourself with our Privacy Policy and Cookie Policy for additional information.

2. Definitions

2.1 DBR77 – DBR77 ROBOTICS Sp. z o.o., with its registered office at ul. Żółkiewskiego 31, 87-100 Toruń, registered in the National Court Register maintained by the District Court in Toruń, 7th Economic Department of the National Court Register under the KRS number 0000860440, Tax Identification Number (NIP) 8792725331, National Business Registry Number (REGON) 387073039, share capital of 140,500 PLN (one hundred forty thousand five hundred Polish zlotys).

2.2 Platform– It means the (mobile) internet platform and application through which individual functionalities (services or products) are provided. Details regarding the scope of services and products can be found on the dbr77.com website.

2.3 User– The entity using the Platform as an Investor, Integrator, or Technology Supplier.

2.4 Investor– An entrepreneur intending to automate an industrial workstation in their existing manufacturing facility and, for this purpose, posts a Technological Challenge on the Platform.

2.5 Integrator– an entity providing services related to the automation of industrial workstations in manufacturing facilities, which will post Technological Solutions and/or Offers on the Platform.

2.6 Supplier– entity that is a manufacturer or distributor of various types of equipment for manufacturing facilities.

2.7 User Account– a set of resources and permissions assigned to a specific User created on the Platform, characterized by a unique login and password that identifies the User.

2.8 Access Credentials – refer to usernames, passwords, and other credentials that enable access to the services and products of the Platform, including both access credentials to the User Interface and access credentials to the API.

2.9 API – means the interface specified by DBR77 and made available to the Customer.

2.10 The 3D Design Studio – an application on the Platform used for three-dimensional design of industrial workstations.

2.11 Specification – the definition of detailed requirements, conditions, and prices concerning the implementation of specific services and products on the Platform. The approval of the Specification is the basis for granting the User access to and use of the services and products of the Platform.

2.12 “Charges” mean the following amounts payable to DBR77 as remuneration:

(a) specified in the Appendix to this Agreement or specified at www.dbr77.com or

(b) agreed upon in writing between the Parties.

2.13 „Business Day” means any day of the week from Monday to Friday that is not a public holiday in Poland;

2.14 „Business Hours” mean the hours from 09:00 to 16:00 CET (Central European Time) on a Business Day;

2.15 „Customer Data” any data, works, and materials: uploaded or stored by the Customer on the Platform; transmitted by the Platform at the Customer’s request; provided by the Customer to the Provider for loading, transmission, or storage on the Platform; or generated by the Platform as a result of the Customer’s use of the Services, excluding analytical data related to the use of the Platform and server logs;

2.16 Digital Twin– a service that is an integral part of the Platform, providing a virtual representation of all elements of the production environment, including but not limited to people, machines, robots, vehicles, materials, and finished products. The purpose of the digital twin is to manage data, visualize, simulate, and optimize all processes in the facility.

3. The scope of services provided by DBR77

3.1 Access to the functionalities of the Platform is only possible after registering a User Account. To register and create an Account, you need to fill out the appropriate registration form, providing the required information.

3.2 Access to the account is obtained each time through logging in by providing the Username or email address and password. The use of automated solutions, especially automated login software, is done at your own risk.

3.3 The platform allows registered Users to use individual services and products, publish content, comment, and create visualizations in the 3D Studio.

3.4 Platform users confirm that their presence on the platform and the actions they take are of a professional and/or business nature and are related to their commercial activity or the activity for which they work or are authorized to represent.

3.5 DBR77 does not supervise or control Users in a general manner or in relation to their actions in accordance with these Terms. Users are aware that they have full freedom to engage in other activities through the Platform.

3.6 If it is dictated by the nature of the service or product, for the purpose of promoting User-generated content, they may also be displayed on websites, applications, email messages, and online and offline advertisements other than the Platform. To assist Users who speak different languages, DBR77 may also provide automated processing tools to allow Users to translate content in whole or in part into other languages. Users can use these tools at their own discretion. Exactly, DBR77 cannot guarantee the accuracy or quality of such translations. Users should review and potentially verify the accuracy of these translations themselves.

3.7 The Platform may contain or publish links to third-party websites or resources („Third-Party Services”). Third-Party Services may be subject to different privacy terms and practices. DBR77 is not responsible for the availability or accuracy of Third-Party Services or the content, products, or services available through Third-Party Services. Links to Third-Party Services do not imply endorsement, recommendation, or warranty by DBR77 regarding Third-Party Services.

3.8 DBR77 is not responsible for any internet outages or disruptions in the telecommunications infrastructure that are beyond its control and may lead to interruptions in the availability of the Platform. DBR77 may temporarily and with consideration for the legitimate interests of Users (e.g., with prior notice) limit the availability of the Platform or certain areas or features if necessary due to capacity constraints, security, or integrity of DBR77 servers, or for maintenance activities to ensure proper or enhanced operation of the Platform. DBR77 may improve and modify the Platform and, from time to time, introduce new solutions, features, or services provided by DBR77. DBR77 will notify Users of any changes to the Platform unless such changes are minor and do not have a significant impact on the functionality and actions performed by the Users.

4. The process of registering a user account

4.1 To gain access and use the functionalities of the DBR77 platform, user registration is required. By registering a User Account on the Platform for a company, organization, or other legal entity, as the person completing the registration, you declare and assure that you are authorized to represent and have the right to make legally binding statements on behalf of that entity, and to grant DBR77 all the permissions and licenses provided in these Terms.

4.2 The registration of an account on the DBR77 Platform is done by providing an email address and creating a password or through an individual account with certain social networking services of other companies, such as particularly Linkedin or Google (“SNS Account”). At any time, you can disconnect your User Account from your SNS Account by opening the “Settings” section on the DBR77 Platform.

4.3 During registration and subsequent use of the Platform, it is necessary to provide necessary and up-to-date data and information. Completion of all required data by the system is possible only once. In case of any changes regarding the legal form of the entity, its name, address, or tax identification number, you should contact the data administrator. Other data can be modified freely in the User Panel.

4.4 You cannot register more than one (1) User Account, unless DBR77 gives prior consent to do so. You cannot assign or transfer your User Account to another entity or person in any way.

4.5 The data provided by Integrators and Technology Providers during registration is visible to all Users of the Platform. Correct, Integrators and Technology Providers cannot remain anonymous (de-anonymized) as their data is visible to all Users of the Platform.

4.6 Correct, during registration, an Investor has the option to choose whether their User data remains visible to all Users of the Platform or only to specific Users. This choice allows the Investor to control the visibility of their information based on their preferences and requirements.

4.7Each User is responsible for all actions that take place on their User Account, regardless of whether they are authorized by the User, initiated by the User, their personnel, or by a third party. DBR77 is not responsible for unauthorized access to the User Account or for any of the aforementioned actions. DBR77 is liable only to the extent caused by DBR77’s breach of these Terms.

4.8 Each User is responsible for maintaining the confidentiality and security of their login credentials for their User Account and must not disclose their login credentials to unauthorized third parties. If there are any grounds to suspect that login credentials have been lost, stolen, misappropriated, or otherwise compromised, or in case of actual or suspected unauthorized use of the User Account, the User must promptly notify DBR77 about such fact. The User is responsible for all actions taken through their User Account, unless such actions are not authorized by them and the User is not negligent (such as failing to report unauthorized use or loss of authentication data).

4.9 Through the Platform, features may be provided that allow Users to authorize other individuals or specific third parties to take certain actions that affect their User Account. For example, the Platform may allow Users to link their User Accounts with companies and take actions on behalf of those companies (creating teams), or it may enable Users to add other members as collaborators. These features do not require sharing one’s login credentials with any other person. No third party is authorized by DBR77 to request login credentials from the User, and the User cannot request login credentials from other individuals.

4.10 DBR77 reserves the right to temporarily block or close a User Account, delete, or edit any content posted on the Platform if it is found to be in violation of the terms of service.

5. Fees for services

5.1 DBR77 charges fees from Users for using individual services and products of the Platform. Information regarding the fees and how they are calculated can be found in the terms and conditions related to individual services and products.

5.2 All applicable fees for services and products are available under their respective links:

5.3 DBR77 reserves the right to change the fees for services and products at any time. DBR77 will notify Users in advance of any changes to fees before they take effect. Changes to fees will not affect projects that were initiated before the date of the fee change coming into effect. The initiation of a project is understood as the commencement of providing services or accepting a product offer.

6. Content and intellectual property rights of users.

6.1 The functionalities of the Platform are designed for using services and products and enable the transmission and publication of content on the Platform. Users publishing content retain ownership of all personal intellectual property rights they possess. At the same time, they declare that these rights are valid, not contested in any way, burdened by the rights of third parties, and no disputes or proceedings, both judicial and extrajudicial, are pending regarding these rights.

6.2 By publishing content on our Platform, the User agrees that this content is not confidential to their company, will be publicly accessible, and may be used by other Users of the Platform.

6.3At the same time, each User bears full and exclusive responsibility for the content shared with other Users or third parties through the Platform and undertakes to cover any damages incurred in case of their claims.

6.4 Each User, by publishing content on the Platform or transmitting materials, grants DBR77 and other Users a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, host, store, publish, reproduce, modify, adapt, perform, whether for payment or free of charge, translate, create derivative works, distribute, and display all content worldwide in any media. The User declares and warrants that they are the owner or otherwise control all rights to the published content, that the content is accurate, that the use of the content provided by them does not violate these terms, and that they will indemnify DBR77 from any claims arising from the content provided by them. DBR77 has the right, but not the obligation, to monitor and edit or remove any actions or content. DBR77 bears no responsibility and assumes no liability for the content published by Users or any third party.

6.5 DBR77 respects copyright laws and expects the same from Platform Users. If the User believes that any content on the DBR77 Platform infringes their copyrights, they can inform DBR77 about it through the contact form or by sending a message to contact@dbr77.com.

7. Content and intellectual property rights of DBR77

7.1 The entire Platform and/or content provided through it that is not created by Users, such as text, graphics, logos, button icons, images, designs, digital downloads, data compilations, and software, are the property of DBR77 or its suppliers and are protected by Polish and international copyright laws.

7.2 The graphic marks and the corporate image of DBR77 cannot be used in connection with any product or service that does not belong to DBR77 in any way that may mislead third parties or in any way that may discredit DBR77. All other trademarks not owned by DBR77 that appear on the Platform are the property of their respective owners, who may or may not be affiliated, sponsored, or endorsed by DBR77.

7.3None of the provisions of these Terms are intended to assign or transfer any Intellectual Property Rights related to the Platform from the User to DBR77 or from DBR77 to the User.

8. Using DBR77 software

8.1 The Platform user is authorized to use DBR77 software solely for the purpose of accessing services or products and in accordance with these Terms. The user cannot integrate any part of the DBR77 software into other programs, compile any part of it in connection with other programs, or in any other way copy, modify, create derivative works, distribute, assign rights to the DBR77 software, or license it in whole or in part.

8.2 All software used on the Platform is the property of DBR77 or its suppliers and is protected by Polish and international copyright laws.

9. Prohibited Actions

9.1 The User may publish content related to services and products, provided that the content is not illegal, obscene, threatening, defamatory, invades privacy, infringes intellectual property rights, or is otherwise harmful to third parties or objectionable, and does not contain software viruses, political campaigns, commercial solicitations, or any form of “spam” or other unwanted commercial electronic messages. The User must not use a false email address, impersonate another person or entity, or otherwise mislead others. DBR77 reserves the right (but not the obligation) to remove or edit such content, but it also reserves that published content is not subject to regular verification.

9.2 The User is solely responsible for complying with the law, rules, regulations, and obligations that may apply to their use of the Platform, in their actions and omissions. In connection with using the Platform, the User shall not, and shall not assist or enable others to:

(a) provide or partially provide services or products that are the result of or inspired by work on the Platform, excluding DBR77, including demanding, accepting, or making any payments directly or through other entities for solutions resulting from work or inspired by services or products outside the Platform without paying appropriate fees to DBR77;

(b) violate or circumvent applicable laws or regulations, agreements with third parties, the rights of third parties, or these Terms;

(c) use the Platform for any commercial purposes or other purposes that are not expressly permitted by these Terms or in a manner falsely suggesting endorsement, partnership, or any other misleading association with DBR77;

(d) copy, store, or otherwise access any information, including personal data of other Users, contained on the Platform in any manner that is inconsistent with the DBR77 Privacy Policy or these Terms or otherwise infringes on the privacy rights of Users or third parties;

(e) use the Platform in connection with the distribution of unsolicited commercial messages (spam);

(f) discriminate against or harass anyone, or engage in any aggressive, harmful, or offensive behavior;

(g) harm DBR77, including through unauthorized use of the Platform or using derivative terms in domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to DBR77’s domains, trademarks, slogans, promotional campaigns, or other content;

(h) attempt to decipher, decompile, disassemble, or reverse engineer any software used to provide the Platform, services, or products;

(i) take any actions that could harm or adversely affect or could potentially harm or adversely affect the operation or proper functioning of the DBR77 Platform;

(j) violate the rights of others or in any other way cause harm to anyone.

9.3 The User acknowledges that DBR77 has no general obligation to monitor the content on the Platform or actively seek facts or circumstances indicating illegal activity, but has the right to review, disable, or edit content on the Platform for the purpose of:

(a) maintaining, securing, and improving the security of the Platform;

(b) ensuring compliance by Users with these Terms;

(c) ensuring compliance with applicable law or a court order, law enforcement or other government agency, or regulatory authority;

(d) responding to content that it deems harmful or objectionable;

(e) enforcing other provisions of these Terms.

9.4 The User agrees to cooperate with DBR77 and assist DBR77 in good faith, and also undertakes to provide DBR77 with such information and take actions as may reasonably be requested by DBR77 in connection with an investigation conducted by DBR77 or its representatives regarding improper use (in form or purpose) or abuse of the DBR77 Platform.

10. Responsibility

10.1 In accordance with the limitations set forth in these Terms, as well as applicable law, DBR77 shall be liable only for covering direct damages actually incurred in connection with a proven breach by DBR77 of its obligation to provide the services or products offered through the Platform.

10.2 To the extent permitted by law, neither DBR77 nor any of our representatives, employees, distributors, or any other entities involved in the creation, sponsorship, promotion, or any other way of providing access to the Platform and its content, shall be liable for:

(a) any direct or indirect damages and losses, including but not limited to loss of production, loss of profits, loss of revenue, loss of contracts, loss or damage to goodwill or reputation, arising from or related to the use, inability to use, or delays on the Platform.

(b) any losses arising from Force Majeure events.

(c) any damages to any data, databases, or software.

(d) any discrepancies related to any information provided by the User on the Platform.

10.3 DBR77 is not responsible for the execution of contracts concluded in connection with the provision of services or products presented on the Platform. If the Users have not agreed otherwise, the User who submits the offer through the Platform is fully responsible for the execution of the offer. DBR77 is not responsible for payments that the parties are obligated to make under the agreements they have concluded. Complaints and claims regarding the above should be addressed directly to the User. DBR77 shall not be liable and waives any responsibility for any complaints and claims.

11. Termination of Cooperation, Deletion of User Account on the Platform

11.1 The user may terminate the use of the Platform at any time by deleting the User Account on the Platform. Deleting the account will result in the loss of all access to the services and products from the day the User Account is deleted.

11.2 Deleting the User Account does not exempt the User from paying fees according to the rules specified in the Terms of each individual service and product. Users are obligated to fulfill their commitments made while using the Platform, even after the User Account has been deleted.

11.3 DBR77 may immediately terminate access to the Platform if:

(a) The User has breached their obligations, particularly those arising from these Terms and Conditions.

(b) The User has violated applicable statutory, regulatory, or third-party rights or laws.

(c) Such action is necessary to protect the personal safety or property of DBR77, Platform Users, or third parties.

11.4 The User does not have the right to reinstate their User Account without prior consent from DBR77.

11.5 If the User’s access to the Platform has been restricted, their User Account has been suspended, or DBR77 has terminated access to the Platform, the User cannot register a new User Account or access and use the Platform through another User Account.

11.6 If DBR77 takes any of the measures described in this section, the User may appeal such a decision by contacting DBR77 at the email address contact@dbr77.com.

12. Force Majeure Event

12.1 If a Force Majeure Event causes non-performance or delay in the performance of any obligation arising from these Terms (other than the obligation to make payments), such obligation shall be suspended for the duration of the Force Majeure Event.

12.2 A party that becomes aware of a Force Majeure Event that causes or may cause non-performance or delay in the performance of any obligation arising from these Terms must:

(a) promptly notify the other party; and

(b) inform the other party about the estimated duration during which such non-performance or delay is expected to persist.

12.3 The party affected by the Force Majeure Event must take reasonable actions to mitigate the consequences of the Force Majeure Event.

13. Right to complaint

13.1 Platform users have the right to file a complaint about the functioning of the Platform.

13.2 A properly filed complaint should include the following information:

(a) User’s information;

(b) Subject of the complaint;

(c) Justification of the complaint;

(d) Proposed resolution of the complaint;

13.3 Complaints that do not contain the above-mentioned information will not be considered.

13.4 Complaints can be submitted:

(a) In writing to the address: DBR77 Robotics Sp. z o.o., ul. Żółkiewskiego 31, 87-100 Toruń,

(b) In electronic form to the email address: contact@dbr77.com

13.5 The complaint will be considered promptly, no later than within 30 days, and the response to the complaint will be sent to the email address associated with the User’s Account. In particularly justified cases, DBR77 may send the response to another specified email address that is not associated with the User’s Account or in writing to the designated address. Complaints containing the same request will not be reconsidered.

14.Final provisions

14.1 These General Terms and Conditions are governed by Polish law.

14.2 DBR77 reserves the right to modify these General Terms and Conditions as well as the Terms relating to specific products and services at any time. If DBR77 makes changes to these Terms and Conditions, it will publish them on the DBR77 Platform and update the “Last Updated” date at the beginning of these Terms. Notification of the modifications will also be sent by email to each User of the Platform.

14.3 Each user has the right to terminate the cooperation with immediate effect if they do not agree with the modified Terms. The right to terminate the cooperation will be communicated to the user in an email containing the notification regarding the modified Terms. Failure to terminate the cooperation within 7 days from the effective date of the modified Terms is considered as an acceptance of the modified Terms.

14.4 If any provision of these Terms is found to be unlawful, void, or unenforceable, in whole or in part, it will not affect the validity and enforceability of any other provisions of these Terms. DBR77 commits to in good faith introduce new provisions to replace any provisions that are found to be unlawful, void, or unenforceable, with new provisions that shall, to the greatest extent possible, reflect and mirror the original intentions and purposes.