service: name: Oktawave
sector: Cloud storage
document: text:  
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
Terms and conditions of Oktawave service to consumers 
1. DEFINITIONS ........................................................................................ 2 
2. ENTERING INTO THE AGREEMENT ............................................................... 3 
3. OBLIGATIONS OF THE SERVICE PROVIDER ...................................................... 4 
4. OBLIGATIONS OF THE USER ...................................................................... 4 
5. ACCESS TO THE SERVICES ......................................................................... 6 
6. TERM OF THE AGREEMENT........................................................................ 6 
7. THE FEE AND THE TARIFF UNITS ................................................................. 6 
8. SUSPENSION OF ACCESS TO THE SERVICES ..................................................... 7 
9. TERMINATION OF THE AGREEMENT .............................................................. 8 
10. ENABLING ACCESS TO THE USER DATA ........................................................ 8 
11. UNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE SERVICES ................. 9 
12. RESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES .......................... 9 
13. THE SERVICE LEVEL AGREEMENT ............................................................... 9 
14. WARRANTY ........................................................................................ 9 
15. PERSONAL DATA .................................................................................. 9 
16. HANDLING COMPLAINTS ....................................................................... 10 
17. DUAL-USE SERVICES AND ITEMS ............................................................... 10 
18. CONFIDENTIAL INFORMATION ................................................................. 11 
19. LIABILITY FOR LOSS OF THE USER DATA ..................................................... 11 
20. CONTACTS WITH THE USER ................................................................... 12 
21. INTELLECTUAL PROPERTY RIGHTS ........................................................... 12 
22. ASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS .............................. 13 
23. SUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE PROVIDER ........... 13 
24. FORCE MAJEURE ................................................................................ 13 
25. GOVERNING LAW AND JURISDICTION ........................................................ 13 
26. AMENDMENTS TO THESE TERMS AND CONDITIONS ......................................... 13 
 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
1. 
DEFINITIONS 
API Oktawave
interface layer which allows the User to remotely control the 
User’s own Services via external tools. All operations which are 
possible in the Cloud within the User Account may be performed 
by API Oktawave; 
Price List
price list for access to the Services. The prices in the Price List 
include 
VAT. 
The 
Price 
List 
is 
available 
at 
[http://www.oktawave.com/en/pricelist.htm], also in a PDF 
format; 
Cloud
organized IT system, including in particular hardware, software 
and telecommunication network, intended for providing the 
Services by the Service Provider; 
User Data 
any data, including personal data, images, sounds, text, 
software which the User transfers using the Services, and in 
particular which the User stores using  Services;   
User Account 
electronic service provided to the User, which involves 
management of access to the Cloud and the use of the Services, 
as well as management of the Tariff Units bought; the User 
Account 
Terms 
and 
Conditions 
are 
available 
at 
[http://www.oktawave.com/en/termsconditions.htm]; 
Control Panel 
graphic interface of the Cloud operation, available through an 
internet browser (compatible with the Services Provider 
requirements); 
Terms and Conditions
this document, together with documents constituting its integral 
parts, which specifies the terms and conditions of providing the 
Userwith  the Service by the Service Provider. The latest version 
of these Terms and Conditions is always available at 
[http://www.oktawave.com/en/termsconditions.htm], also in a 
PDF format; 
Service 
Level 
Agreement (SLA) 
an agreement concerning a level of the Services, referred to in 
Section 13 of these Terms and Conditions; The SLA is always 
available 
at 
[http://www.oktawave.com/en/termsconditions.htm], also in a 
PDF format; 
Agreement
an agreement entered into between the Service Provider and 
the User to enable the User access to the Cloud and the Services 
as specified in these Terms and Conditions; 
Service 
services consisting in providing the User with access to the Cloud 
resources (virtual applications, cloud computing, data base 
services, virtual servers), virtual discs and private networks (for 
data storage, sharing and processing) in accordance with 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
technical conditions laid down by the Service Provider; 
Service Provider
entity which provides the Services in accordance with the 
Agreement, i.e. Oktawave Sp. z o.o. based in Warsaw, ul. 
Domaniewska 44a; 02-672 Warsaw, registered under KRS No: 
0000426334 in the District Court for the Capital city of Warsaw, 
13th Commercial Division of National Court Register, with share 
capital of PLN: 1 000 000 zł, NIP 5213633306; REGON 146197794; 
User 
person who is 18 years old and has full capacity to perform legal 
acts, who is a consumer, and who has entered into the 
Agreement under which the Services are provided; 
Tariff Units
units purchased for a fee; 
Fee
Tariff Units bought by the User and intended for the use of the 
Service selected by the User. 
2. 
ENTERING INTO THE AGREEMENT 
2.1 
In order to enter into the Agreement and to obtain access to the Services it is 
necessary to register into the Cloud using an e-registration form which the Service 
Provider 
makes 
available 
at 
https://admin.oktawave.com/Pages/CreateAccount.aspx. 
2.2 
This registration creates the User Account within the Cloud. During the registration 
the User must provide basic information which is needed for the Cloud and the 
Services to be provided to the User, in particular: first and last name, contact data 
(e-mail and phone number, address of current stay, address of permanent 
residence) PESEL, login, password, payer information. 
2.3 
The Agreement takes effect when all the following conditions have been fulfilled:  
(i) 
registration and creation of the User Account in the Cloud, 
(ii) 
acceptance of these Terms and Conditions by clicking in an appropriate form 
that the User accepts these Terms and Conditions, 
(iii) 
filling out an appropriate form confirming the choice of the Service 
parameters at the User Account level,   
(iv) 
the Fee paid in accordance with Section 7 of these Terms and Conditions. 
2.4 
By accepting these Terms and Conditionsthe User declares that:  
(i) 
the User has read these Terms and Conditionsand accepts them without any 
reservations,   
(ii) 
the User has entered into the Agreement freely, 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
(iii) 
the data included in the registration form as well as declarations provided in 
these Terms and Conditionsare true and correct.  
2.5 
The Agreement includes these Terms and Conditions (as well as all their integral 
parts, including the SLA and the Price List) and a form confirming the selection of 
the Service parameters. The Agreement is saved in the User Account, and then 
available to the User in the User Account. The Agreement is secured by an 
encryption. 
2.6 
The User may correct any mistakes in the User authentication data in the User 
Account.   
3. 
OBLIGATIONS OF THE SERVICE PROVIDER 
3.1 
The Service Provider provides the User with access to the Cloud and the Services, 
including the hardware infrastructure and computing power (including processors 
and operational memory) in accordance with the provisions of SLA, specified in 
Section 13 of these Terms and Conditions. 
3.2 
The Service Provider also provides the Standard Technical Assistance via the User 
Account, e-mail or by telephone. 
3.3 
In the light of the Providing Electronic Services Act of 18 July 2002, the Service 
Provider is not an initiator of the User Data transfer by the User in connection with 
access to and use of the Services, does not select a recipient of the User Data 
transfers, and does not select or modify the User Data (host). This means that the 
Service Provider only supplies technical resources in the form of access to Services, 
and it is up to the User how the User makes use of the Services. The Service 
Provider does not monitor the content of the User Data.  
3.4 
The Service Provider provides the Services which, due to their nature, cannot be 
returned. 
3.5 
The User hereby agrees for the Services to be provided to the User immediately 
after entering into the Agreement, that is before the lapse of a 10-day period when 
the User is entitled withdraw from Agreement. 
3.6 
Taking into account the nature of the Services which, due to their nature, cannot 
be returned, and the fact that Services will be provided based on the User’s 
approval immediately after entering into the Agreement, the User will not be 
entitled to a 10-day period for the withdrawal from the Agreement as specified in 
the Act of 2 March 2000 on the protection of certain consumer rights and on 
liability for damage caused by a dangerous product (extracts provided for in Article 
10.3 (1) and (5) of that Act apply). 
4. 
OBLIGATIONS OF THE USER 
4.1 
The User is obligated to: 
(i) 
observe these Terms and Conditionsand applicable law when accessing and 
using the Services, 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
(ii) 
ensure properly secured access to and use of the Services, including 
passwords used for access to and use of the Services, and no access to the 
Services by unauthorized persons; the User is liable for any breach of the 
data security resulting from an improperly secured access to and use of the 
Services,   
(iii) 
pay the Fee for accessing the Cloud and the Services,  
(iv) 
cooperate with the Service Provider in cases specified in these Terms and 
Conditions, 
(v) 
immediately update information included in the registration form and the 
User Account, 
(vi) 
immediately notify the Service Provider of any unauthorized access to the 
Services, unauthorized disclosure or access to data which enable 
authentication within the Cloud (e.g. passwords), unauthorized use of the 
Services or any other security breach, 
(vii) 
keep at least one updated back-up of the User Data transferred to or via the 
Cloud (including data stored using the Services); the User is obligated to 
keep back-up copies in a different infrastructure than the infrastructure 
provided by the Service Provider, 
(viii) 
obtain adequate titles, including intellectual property rights, to the User 
Data, in particular to ensure the rights for the Service Provider, the Service 
Provider’s sub-contractors and entities cooperating with the Service 
Provider in the scope necessary for providing the Services.   
4.2 
The User is solely responsible for the User Data.  
4.3 
The User undertakes to use the Services in accordance with the applicable law, 
principles of social coexistence and good practice, and respect the rights of third 
parties. The User undertakes in particular to refrain from infringing:  
(i) 
personal data protection, 
(ii) 
personal goods, including in particular image, right to privacy or 
confidentiality of correspondence, 
(iii) 
intellectual property rights, in particular copyright and related rights 
(namely proprietary copyright and moral rights) as well as industrial 
property rights (including rights to inventions, utility models, industrial 
designs, trade marks, geographical indications and layout design of 
integrated circuits) and know-how,  
(iv) 
secrecy protected by law, including proprietary information and trade 
secrets, 
(v) 
security of information, including information processed by ICT systems, 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
(vi) 
public order, principles of social coexistence and good practice, in 
particular by refraining from posting or disseminating certain contents, 
including fascist or other totalitarian philosophy propagating hate based on 
nationality, ethnic, sex, race or religious background, abusive content and 
profanity,  
(vii) 
rights resulting from the Providing Electronic Services Act of 18 July 2002, 
and in particular to online mailing of unsolicited advertising and marketing 
information. 
5. 
ACCESS TO THE SERVICES 
5.1 
In order to use the Services the User must fulfil the following minimum technical 
requirements:  
(i) 
having a device which enables access to the internet, together with an 
installed internet browser: Firefox 7 or an upgraded version, or Internet 
Explorer 9 or an upgraded version; or Chrome 15 or an upgraded version; 
Opera 11.52 or an upgraded version; or Safari 6 or an upgraded version, 
technology supporting Ajax, HTML5 and JavaScript and SSL protocol, 
(ii) 
having access to the internet.   
5.2 
The User will obtain access to the Cloud and the Services directly after purchasing 
the Tariff Units. The Service Provider will start providing the Service the User 
selects once the User selects the Service parameters. The User may select the 
Services using the User’s User Account.  
5.3 
Once the Tariff Units are bought in accordance with Section 7 of these Terms and 
Conditions, the User may, using the User’s Account available in the Control Panel or 
using API Oktawave, specify the Services parameters which User wishes to use.  
6. 
TERM OF THE AGREEMENT 
6.1 
The Agreement will be entered into for a definitive period and will include the 
period in which the Tariff Units used for accounting for Services are valid, or the 
period up to the consumption of the Tariff Units the User buys (and the period of a 
possible suspension of access to the Service due to a delayed payment of the Fee by 
the time indicated in the Service Provider’s notice in accordance with Section 8.3. 
of these Terms and Conditions).  
7. 
THE FEE AND THE TARIFF UNITS 
7.1 
The Service Provider will charge the Fees for providing the User with access to the 
Cloud and the Services.  
7.2 
The Fees will be collected in advance before the Service Provider provides the User 
with access to the Cloud.  

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
7.3 
Access to the Cloud and the Services will be calculated in the Tariff Units. The 
Price List contains a calculator based on which the Services can be activated and in 
accordance with which the Services are activated. 
7.4 
The User may purchase the Tariff Units by remitting to the Service Provider’s 
account an amount corresponding to the value of the Tariff Units in accordance 
with the Price List. The Service Provider may introduce enable payments for the 
Tariff Units by credit card or another means.   
7.5 
The Tariff Units expire after the lapse of the period specified in the Price List (the 
Tariff Units’ validity period) and cannot be used for any settlement of the Services. 
7.6 
The Tariff Units are settled against a fee and are not subject to reimbursement 
(one cannot demand reimbursement of the amount for which they were bought).  
7.7 
The Tariff Units enable the User to access the Cloud and the Services in the amount 
specified in the Price List and depending on the parameters of the Services 
selected.  
7.8 
Once the Tariff Units bought by the User are consumed or their validity period 
expires, the Service Provider will disable the User access to the Services. 
7.9 
The User agrees to receive and provide access to invoices for the Services by e-mail 
in a PDF format. 
7.10 
Invoices will be issued every time the User buys the Tariff Units.  
8. 
SUSPENSION OF ACCESS TO THE SERVICES 
8.1 
In relation to the Providing Electronic Services Act of 18 July 2002, the Service 
Provider may suspend the User’s access to the Cloud or the Services or the User 
Data if at least one of the following events takes place: 
(i) 
an official note or reliable information has been received or there is a 
justified suspicion that the Services have been used not in compliance with 
these Terms and Conditions, or applicable legislation, principles of social 
coexistence or good practice,  
(ii) 
the User does not cooperate in cases where such cooperation is needed in 
order to determine whether the Services were accessed or used not in 
compliance with these Terms and Conditions, or applicable law, principles 
of social coexistence or good practice, 
(iii) 
the Service Provider has a justified suspicion that the User Account or the 
Services have been accessed without the User’s authorization or that the 
Services have been used without the User’s authorization,   
(iv) 
the Service Provider has a justified suspicion that it is necessary to suspend 
the Services in order to protect the integrity, accessibility and security of 
the Cloud or other User, 
(v) 
the Fee for the Services has not been paid,  

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
(vi) 
such an obligation has arisen under applicable law or as a result of a 
decision of public authorities or courts.   
8.2 
The User will be notified about the suspension and its reasons immediately after 
access to the Services has been suspended.  
8.3 
If the suspension results from circumstances for which the User is liable, the 
Service Provider will reinstate the Services if the User removes the cause of the 
suspension within a deadline the Service Provider specifies in the notice. 
9. 
TERMINATION OF THE AGREEMENT 
9.1 
The Service Provider may terminate the Agreement by a 30-day notice for the 
following reasons:  
(i) 
the Service Provider decided to stop providing the Service,  
(ii) 
the Service Provider decided to wind up its business,  
(iii) 
the Service Provider decided to change its business profile in whole or in 
part,   
(iv) 
due to other important reasons.  
9.2 
The Service Provider may terminate the Agreement with an immediate effect if the 
Services are suspended due to causes for which the User is responsible, and the 
User has not eliminated the cause of suspension within a deadline the Service 
Provider specifies in accordance with Section 8.3 above, or within 7 days from 
receiving a notice from the Service Provider. 
9.3 
As of the moment the Agreement is terminated, the User loses access to all the 
User Data and the User Data may be deleted unless the User has bought access to 
Oktawave Cloud Storage or Oktawave Volume Storage, in accordance with the Price 
List and the SLA. 
9.4 
If the User has paid the Fee for access to the Services in the period following the 
termination of the Agreement, the Fee paid in excess will be reimbursed pro rata 
for any period longer than the term of the Agreement.  
10. 
ENABLING ACCESS TO THE USER DATA 
10.1 
During the period in which access to the Services is suspended in accordance with 
Section 8 of these Terms and Conditions, the User will have no access to the User 
Data. The User Data will, however, be stored by the Service Provider and after the 
cause of suspension is removed, the User will be able to access the User Data again. 
10.2 
None of the Services provided by the Service Provider includes making back-up 
copies of the User Data. In connection with this the User is obligated to possess at 
least one back-up copy of the User Data in accordance with Section 4.1.7 of these 
Terms and Conditions. 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
11. 
UNAUTHORIZED ACCESS TO THE USER DATA AND USE OF THE 
SERVICES 
11.1 
The User is responsible for access to the Services and use of the Services by persons 
whom the User authorizes to access or use the Services or by persons to whom the 
User provides information on how to authenticate oneself for the Cloud and User 
Account, including actions and omissions of such persons, and for the User’s own 
actions or omissions in relation to securing access to the Services, including 
information on authentication, also if performed by a person whom the User has 
not authorized. 
12. 
RESTRICTIONS RESULTING FROM THE PROVISION OF E-SERVICES 
12.1 
The User acknowledges that the use of the Services in the form of e-services 
involves typical risks related to data transfers over the internet.  
12.2 
While providing the Services, the Service Provider will employ such data transfer 
security precautions as commonly employed in the sector due to the properties of 
the Cloud and Cloud Resources, in particular precautions which deny access to data 
to any unauthorized persons, including the use of encryption protocols.  
13. 
THE SERVICE LEVEL AGREEMENT 
13.1 
The SLA will define a level of the Services the Service Provider provides to the 
User.   
13.2 
The SLA forms an integral part of these Terms and Conditions. 
13.3 
The 
SLA 
is 
always 
available 
at: 
[http://www.oktawave.com/en/termsconditions.htm], also in a PDF format.   
14. 
WARRANTY 
14.1 
The Service Provider will warrant such access to the Services as defined in the SLA.  
14.2 
If the quality level of the Service provided to the User fails to conform to the 
Service standards as specified in the SLA, the User will be entitled to a discount 
based on the principles specified in the SLA. 
15. 
PERSONAL DATA 
15.1 
The User hereby acknowledges that in order to perform and settle the Agreement, 
the Service Provider will process the User’s personal data as well as that of payers, 
in the scope: (i) included in the registration form or (ii) included in the User 
Account and (iii) information about payers and payments, (iv) information about 
the Services provided to the User and their settlement. The provision of such 
personal data will be optional, however needed to enter into, perform and settle 
the Agreement. The Service Provider will be the controller of this personal data. 
The User may exercise the right to access and correct the User data using the User 
Account. Additionally, the User and other natural persons whose personal data is 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
processed in connection with providing the Services to the User may exercise their 
right 
to 
access 
and 
correct 
their 
data 
at 
the 
following 
address 
customer@oktawave.com or at the Service Provider mailing address, namely ul. 
Domaniewska 44a, 02-672 Warszawa. 
15.2 
The User Data may comprise personal data. The User hereby allows the Service 
Provider to process such personal data in the scope which is necessary to provide 
the Services by the Service Provider, and for the purpose for which the Services are 
provided. If, in accordance with Section 23.2 of these Terms and Conditions, the 
Service Provider provides the Services jointly with sub-contracting entities or on 
their behalf, and in the scope in which, while providing the Services these sub-
contractors are going to process the User Data, the User authorizes the sub-
contractors cooperating with the Service Provider to process such personal data for 
the purpose and in the scope which is necessary to provide the Services to the User. 
15.3 
If, in accordance with Section 23.1. of these Terms and Conditions, the Service 
Provider uses sub-contractors to provide the Services, in the scope in which the 
User Data which is deemed personal data is to be processed by the sub-contractors, 
the User hereby authorizes the Service Provider’s subcontractors to process such 
personal data for the purpose and in the scope which is necessary to provide the 
Services to the User.  
15.4 
The Service Provider will provide the User with access, via the Cloud, to current 
information about entities that participate in the User Data processing. 
15.5 
The Service Provider hereby declares to have implemented any and all security 
precautions, as defined in the Personal Data Protection Act of 29 August 1997 and 
in the Ordinance of the Minister of Interior of 29 April 2004 concerning records of 
personal data processing as well as technical and structural conditions to be 
fulfilled by IT devices and systems for personal data processing. In particular, by 
using an encryption theService Provider ensures security of integrity and 
confidentiality of personal data transferred over the internet, including data used 
for the User’s authentication. 
16. 
HANDLING COMPLAINTS 
16.1 
The User may address any reservations concerning access to the Services, their use 
or operation in a form of a complaint to the Service Provider. Complaints may be 
lodged with the Service Provider by means of the User Account or to the following 
email address customer@oktawave.com by submitting a filled out complaint form 
to the Service Provider, or by telephone at the following number +48 22 10 10 555 
or by a regular mail to the following address: ul. Domaniewska 44a; 02-672 
Warszawa.  
17. 
DUAL-USE SERVICES AND ITEMS 
17.1 
The User hereby declares to use the Services exclusively for civil purposes and not 
for the purpose of producing nuclear, chemical or biological weapons, missiles or 
for other military purposes. The User acknowledges that in the scope of exporting 
the Services which might be deemed a dual-use of goods or services as specified in 
the Act of 29 November 2000 on the foreign trade with goods, technologies and 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
services which are strategic for the state security and for the maintenance of 
international peace and safety, the User will comply with the generally applicable 
Polish and European Union law. 
18. 
CONFIDENTIAL INFORMATION 
18.1 
Any information which the Parties obtain as a result of entering into the Agreement 
and providing the Services and which is not publicly available, will be deemed 
confidential and protected (Confidential Information). The Parties will keep the 
Confidential Information secret. The Parties undertake not to copy, replicate, sell, 
transfer, license, market, convey or otherwise trade, dispose of or disclose such 
information to any third parties. The Parties undertake not to use such information 
for other purposes than to perform and settle the Agreement. The Parties will 
ensure that these confidentiality obligations are fulfilled by all their 
representatives. 
18.2 
The Confidential Information will not include: 
(i) 
the fact of entering into the Agreement, 
(ii) 
information which is or is going to be published otherwise than as a result of 
its being disclosed by a Party as a consequence of violating these Terms and 
Conditions, 
(iii) 
information in relation to which a Party can prove knowing it earlier as not 
covered by a confidentiality obligation, 
(iv) 
information which a Party created independently of any reference to the 
Confidential Information, 
(v) 
information which a Party duly obtained from a third party that was not 
bound by a confidentiality obligation, or 
(vi) 
information which must be disclosed based on relevant legislation or 
decisions issued by courts or other public authorities. 
19. 
LIABILITY FOR LOSS OF THE USER DATA 
19.1 
Taking into account that no Service provided to the User includes the creation of 
back-up copies of the User Data, and that the User is obliged to keep a back-up 
copy of the User Data of their own, the User will be liable for any and all loss of the 
User Data. 
19.2 
The Service Provider is not liable for any loss of the User Data unless the User has 
subscribed to Oktawave Cloud Storage or Oktawave Volume Storage. In such case 
the Service Provider’s liability in connection to the loss of the User’s Data is 
regulated by the SLA.  

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
20. 
CONTACTS WITH THE USER 
20.1 
Any contacts between the Service Provider and the User, including notifications, 
information and statements, in particular in relation to any suspension of access to 
the Services, termination of the Agreement, handling complaints, will be made by 
electronic means of communication, including the User Account or e-mail address 
indicated for contacts by the User or by regular mail. Any correspondence to the 
Service Provider will be delivered to: ul. Domaniewska 44a; 02-672 Warszawa; any 
correspondence to the User will be delivered to the mailing address the User 
provides.   
21. 
INTELLECTUAL PROPERTY RIGHTS 
21.1 
Any intellectual property rights related to the provision of the Services to the User, 
in particular to the Cloud graphic elements such as Oktawave logo, website layout 
and particular applications, website content, trade marks, names and other 
indications, as well as the Cloud technical solutions, its concept of operation, 
functionality, data bases, software and technical documentation, will remain the 
exclusive property of the Service Provider or entities cooperating with the Service 
Provider. 
21.2 
In the scope which is necessary for the Cloud and Services to be used and for the 
period the User uses the Service, the Service Provider hereby grants the User a non-
exclusive licence to use the software designed for the use of the Services.  
21.3 
In the scope in which the Services are provided by entities cooperating with Service 
Provider or jointly with entities cooperating with the Service Provider, the relevant 
terms and conditions concerning intellectual property rights of these entities, 
possible licences granted by the entities to the User or possible licences which must 
be granted to these entities in order for the Services to be provided, have been 
listed in terms and conditions and agreements concerning the provision of services 
by the entities, links to which can be found on a case by case basis before selecting 
the relevant Service from the User Account level.    
21.4 
In the scope in which the provision of the Service by the Service Provider and the 
User’s use of the Service involves the use by the Service Provider, the Service 
Provider’s sub-contractors or agents, of intellectual property rights to the User 
Data (in particular that related to operation of software other than that provided 
by the Service Provider), the User hereby grants a licence to the Service Provider, 
Service Provider’s sub-contractors or entities cooperating with the Service Provider 
to use such intellectual property rights (including the software licence) for the 
period of providing the Services and in order for the Services to be provided 
correctly or, in the scope in which the User is not authorized to grant such licences, 
the User undertakes to obtain such licence from an authorized entity on behalf of 
the Service Provider, the Service Provider’s sub-contractors or cooperating agents 
for using the intellectual property rights for period of providing the Services and for 
the purposes of a correct provision of the Services.  

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
22. 
ASSIGNMENT OF CONTRACTUAL RIGHTS AND OBLIGATIONS 
22.1 
The User will not assign any rights or obligations arising from the Agreement in 
whole or in part to any person without the Service Provider’s approval. 
23. 
SUB-CONTRACTORS AND ENTITIES COOPERATING WITH SERVICE 
PROVIDER 
23.1 
The Service Provider may authorise sub-contractors to provide the Services in whole 
or in part. The Service Provider is liable for actions or omissions of the sub-
contractors as for the Service Provider’s own actions or omissions.  
23.2 
The Service Provider may provide the Services jointly with the entities cooperating 
with the Service Provider or on their behalf. Information about cooperation with 
the cooperating entities, as well as about the terms and conditions or agreements 
concerning these entities, which affect the terms and conditions of providing the 
Services by the Service Provider will be available on a case by case basis before 
selecting a given Service from the User Account level. The User must read such 
terms and conditions and agreements and accept them in order to execute the 
Agreement for the Services concerned. 
24. 
FORCE MAJEURE 
24.1 
None of the Parties is liable for delays, non-performance or improper performance 
of the Agreement if such delay, non-performance or improper performance results 
from an event of force majeure.  
25. 
GOVERNING LAW AND JURISDICTION 
25.1 
The Agreement is governed by the laws of Poland. 
25.2 
Any disputes related with the Service will be referred to a common court. 
26. 
AMENDMENTS TO THESE TERMS AND CONDITIONS 
26.1 
The Service Provider reserves the right to amend these Terms and Conditions in 
case of a need to adjust these Terms and Conditions to: (i) law amendments, 
procedures of state bodies or case law of common courts and arbitration tribunals; 
(ii) changes of market practices or changes in technology; (iii) changes of business 
plans concerning the provision of the Services, (iv) changes of regulations and 
agreements entered into with entities cooperating with the Service Provider, (v) 
any other important causes. Each material amendment will be notified to the User 
by sending information to the User Account within the Cloud or by e-mail to the e-
mail address indicated for contacts in the User Account at least thirty (30) days 
before an amendment to these Terms and Conditions takes effect.  
26.2 
If the User explicitly approves the amended Terms and Conditions before the lapse 
of the deadline specified in Section 26.1. of these Terms of Conditions or if, 
following the deadline specified in Section 26.1. of these Terms of Conditions the 
User keeps using the Cloud and Services, the User will be understood to have 

 
 
 
Oktawave Sp. z o.o.  |  Domaniewska 44a (Platinium 5) |  02-672 Warszawa 
www.oktawave.com  |  customer@oktawave.com  |  facebook.com/oktawave 
 
approved the amendment to these Terms and Conditions and the Services will 
further be provided to the User under the terms and conditions as specified in the 
amended Terms and Conditions. 
26.3 
If the User explicitly disapproves the amendments to these Terms and Conditions, 
the Agreement will be terminated as of the date of the amendments concerned 
take effect. Any and all reimbursements of the Fee will be handled in accordance 
with Section 9.5 of these Terms of Conditions.