Terms of Service

DockRay Terms of Service
effective from the date of publication on the Service

1. General Provisions

1.1. These Terms of Service (the “Terms”) govern the electronic provision of the DockRay service by Dock sp. z o.o., with its registered office in Gdańsk, at ul. Rakoczego 9/73, 80-288 Gdańsk, Poland, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001105135, NIP (Tax Identification Number) 9571173402, REGON 524088178 (the “Service Provider”).

1.2. The Service Provider can be contacted by email at hello@dock.codes. Technical support requests and complaints may also be submitted through the channel indicated in the DockRay dashboard.

1.3. The Service is intended for businesses and other entities using it in connection with their professional or statutory activities. A person creating an Account or placing an Order represents that they are authorised to act on behalf of the Customer. Where mandatory provisions of law grant a person consumer rights, these Terms do not exclude or limit such rights.

1.4. These Terms are made available free of charge before the Agreement is concluded in a manner that enables them to be accessed, reproduced and stored. Acceptance of these Terms during registration or when placing an Order constitutes conclusion of the Agreement.

2. Definitions

For the purposes of these Terms, the following terms have the meanings set out below:

• Service Website – the DockRay website and administration dashboard through which the Service is provided;
• Service – the SaaS service for monitoring applications and websites, including in particular receiving and presenting error reports and HTTP transaction data, performing uptime, SSL certificate and performance tests, and generating alerts and reports;
• Customer – the entity for which the Account is maintained and the Service is provided;
• User – an individual using the Account on behalf of the Customer;
• Account – the Customer’s dedicated space within the Service Website, including its Users, Projects, data, Subscription and Orders;
• Project – an application, website or other IT environment monitored by the Customer;
• Integration – a module, plugin, library, script, API or documentation provided by the Service Provider that enables a Project to be connected to the Service;
• Customer Data – data and content transmitted to the Service by the Customer, Users, Projects or Integrations, as well as data generated on their basis;
• Plan – the selected scope of the Service, consisting of the limits and features specified in the current pricing;
• Subscription – the right to use a paid Plan for the selected billing period;
• Order – the Customer’s declaration specifying the selected Plan, billing period, price and payment method;
• Business Day – a day from Monday to Friday, excluding public holidays in Poland.

3. Scope and Nature of the Service

3.1. The detailed scope of features, limits, test frequency and data retention period are determined by the Plan selected by the Customer and the current technical documentation.

3.2. Monitoring results, performance tests, alerts and reports are provided for informational and supporting purposes. The Service does not replace backups, cybersecurity systems, continuous administrator supervision or a professional infrastructure audit. The absence of an alert does not mean that a Project is operating correctly, is secure or complies with applicable law.

3.3. Tests are performed at intervals determined by the Plan and not continuously. Their results may depend on telecommunications networks, third-party services, Project configuration and the temporary availability of the tested resource.

3.4. The Service Provider may develop, update or replace Service features provided that this does not result in a material reduction of the paid scope during the current billing period, unless the change is necessary for legal, security or interoperability reasons.

4. Registration, Account and Users

4.1. Creating an Account requires providing accurate and up-to-date information, accepting these Terms and verifying the email address. The Customer must update its information promptly after any change.

4.2. The Customer is responsible for the acts and omissions of its Users as if they were its own, for properly assigning their permissions and for revoking access from persons who should no longer have access to the Account.

4.3. Users are required to protect their passwords, authentication codes, tokens and private keys. Individual login credentials must not be shared with other persons. Any suspected compromise of access credentials must be reported to the Service Provider without undue delay, and compromised keys must be revoked where the Service Website provides such functionality.

4.4. The Customer designates an Account owner. Ownership rights may be transferred to another person in accordance with the functionality of the Service Website and subject to any required verification.

5. Technical Requirements and Integrations

5.1. Use of the Service Website requires a device with Internet access, an up-to-date web browser supporting JavaScript, an active email address and enabled support for essential cookies. The Project must allow the connections required by the selected Integration.

5.2. An Integration must be installed and configured in accordance with the documentation. The Customer is solely responsible for ensuring the Integration’s compatibility with its environment, creating a backup before deployment and testing any changes.

5.3. The Customer must not: circumvent the Service’s security measures or limits; attempt to gain access to other Accounts or data; disrupt the infrastructure; perform unauthorised vulnerability testing; resell or make the Service available to third parties outside its own organisation without the Service Provider’s consent; or use the Service for unlawful activities.

5.4. The Customer must not copy, modify, decompile or attempt to obtain the source code of the Service or Integrations, except where such restrictions are prohibited by mandatory law or where a separate licence applicable to a particular Integration permits such actions.

6. Free Plan, Limits and Retention

6.1. The Free Plan is available indefinitely, without requiring payment details, subject to the current limits specified in the pricing. It is not a trial period.

6.2. A Plan may specify, in particular, the number of Projects and Users, the monthly limit of received reports, test frequency, availability of performance measurements and the Customer Data retention period.

6.3. Once the monthly report limit has been reached, subsequent reports may not be stored. The limit resets at the beginning of the next calendar month. Other features may continue to operate within the scope of the Plan.

6.4. Raw Customer Data is automatically deleted after the retention period specified by the Plan and Project settings. Aggregated statistics that do not contain personal data or report content may be retained for longer periods for the purpose of presenting historical information and developing the Service.

6.5. The Customer should independently export or archive any data it wishes to retain beyond the applicable retention period. Deleted data cannot be recovered.

7. Orders, Pricing and Payments

7.1. Before placing an Order, the Customer receives a summary of the selected Plan, billing period, net price, VAT and gross amount. The price shown in the Order summary is binding. Prices for businesses are presented net of VAT, and applicable VAT is added in accordance with applicable law.

7.2. Payment is made using a method available on the Service Website, including in particular by bank transfer or through a third-party payment provider. The Customer is required to provide accurate billing information.

7.3. The paid scope of the Plan is activated after payment has been confirmed. Merely creating an Order or initiating payment does not increase the applicable limits.

7.4. An upgrade to a higher Plan during a billing period is charged proportionally for the unused portion of that period. A downgrade takes effect immediately, does not result in a refund of amounts already paid and reduces the amount charged for the next renewal.

7.5. Changing the billing period starts a new billing period. The unused portion of the previously paid period is credited towards the price in accordance with the summary presented before the Order is placed.

7.6. Before the end of the Subscription period, the Service Provider may issue a renewal Order. If it is not paid by the deadline specified on the Service Website or payment document, the paid scope expires and the Account reverts to the limits of the Free Plan. DockRay does not automatically charge the Customer’s card unless the Customer separately enables a recurring payment feature explicitly described on the Service Website.

7.7. Billing documents are made available electronically through the Account or sent to the provided email address. The Customer accepts this method of delivery.

7.8. Changes to pricing do not affect an already paid billing period. A new price may apply from the next renewal, provided that the Customer is informed at least 14 days before it takes effect.

8. Intellectual Property Rights

8.1. The Service, Service Website, their branding, software, layout, documentation and Integrations are protected by law. Conclusion of the Agreement does not transfer any intellectual property rights to the Customer.

8.2. For the duration of the Agreement, the Service Provider grants the Customer a non-exclusive, non-transferable right to use the Service and Integrations solely for the Customer’s own Projects, within the scope of the Plan and in accordance with the documentation. The terms of separate open-source licences take precedence with respect to components covered by such licences.

8.3. The Customer retains all rights to Customer Data. The Customer grants the Service Provider the right to record, reproduce, process and display such data solely to the extent necessary to perform the Agreement, ensure security, resolve failures and comply with legal obligations.

8.4. The Customer warrants that it has a lawful basis for transmitting Customer Data to the Service and that its processing in accordance with the Agreement does not infringe the rights of third parties.

9. Personal Data and Data Processing

9.1. With respect to registration, billing, contact and Service usage data, the Service Provider acts as the data controller. Further details are set out in the Privacy Policy available on the Service Website.

9.2. Where Customer Data contains personal data for which the Customer is the controller, the Customer entrusts the Service Provider with processing such data for the duration of the Agreement, and this Section constitutes a data processing agreement within the meaning of Article 28 of the GDPR.

9.3. The subject matter of the processing is the provision of the Service. The nature and purpose of processing include receiving, recording, organising, analysing, displaying, securing, backing up and deleting telemetry data transmitted from Projects. The scope may include ordinary personal data relating to Project users, including in particular identifiers, IP addresses, URLs, device data, error message content and technical request data. Categories of data subjects include end users of Projects, personnel, contractors and business partners of the Customer. The Customer should not transmit special categories of personal data or data relating to criminal convictions and offences unless this is necessary, lawful and agreed in advance with the Service Provider.

9.4. The Service Provider processes data only on the Customer’s documented instructions arising from the Agreement, Account settings and proper use of the API, unless processing is required by law. The Service Provider ensures that authorised persons are bound by confidentiality obligations, applies appropriate technical and organisational measures, and informs the Customer if, in its opinion, an instruction infringes the GDPR or other data protection laws.

9.5. The Customer grants general authorisation for the use of subprocessors necessary for hosting, communications, payment processing, backups and maintenance of the Service. The Service Provider ensures that such subprocessors are subject to data protection obligations no less stringent than those set out in this Section and remains responsible for their performance. The Service Provider will provide advance notice of any planned material change concerning a subprocessor, allowing the Customer to raise a reasoned objection.

9.6. Taking into account the nature of the processing and to the extent possible, the Service Provider assists the Customer in fulfilling data subject rights and obligations relating to security, personal data breach notifications, data protection impact assessments and consultations with supervisory authorities. Upon becoming aware of a personal data breach affecting entrusted data, the Service Provider informs the Customer without undue delay.

9.7. Upon termination of the Agreement, the Service Provider deletes or, where technically available and requested by the Customer before deletion, returns the entrusted data, except for data that must be retained by law and copies that are deleted in accordance with the secure backup rotation cycle.

9.8. The Service Provider makes available the information necessary to demonstrate compliance with this Section. Any audit requires prior agreement regarding its scope and timing, must not compromise the security or confidentiality of other customers and will generally be conducted on the basis of documentation. The Customer bears the cost of the audit unless the audit demonstrates a material breach of the Service Provider’s obligations.

9.9. As the data controller, the Customer is responsible in particular for the lawfulness, minimisation and retention periods of transmitted data, compliance with transparency obligations towards data subjects, and configuration of Integrations so that they do not transmit unnecessary data, passwords, tokens, payment card details or other secrets.

10. Security and Confidentiality

10.1. The Service Provider implements security measures appropriate to the level of risk, including in particular access controls, encryption of data in transit, authentication mechanisms, infrastructure backups and logging of significant administrative operations.

10.2. The Parties must keep confidential the technical, commercial and organisational information of the other Party obtained in connection with the Agreement, except for information that is publicly available, lawfully obtained from another source or required to be disclosed by law.

11. Availability, Maintenance and Support

11.1. The Service Provider provides the Service with the level of due care expected of a professional SaaS provider but, unless the Parties have entered into a separate SLA, does not guarantee any specific uptime percentage or incident resolution time.

11.2. The Service may be temporarily unavailable due to maintenance, updates, failures, security incidents or circumstances beyond the Service Provider’s control. Where possible, the Service Provider will provide reasonable advance notice of scheduled maintenance that may result in a material interruption.

11.3. Basic support includes handling requests concerning the operation of the Service Website and Integrations. It does not include modifications to Project code, integrations with third-party systems, custom modifications or resolving issues caused by the Customer’s environment. Such work may be performed for an additional fee following acceptance of a quotation.

12. Complaints

12.1. Complaints may be submitted electronically to hello@dock.codes. A complaint should include the Customer’s details, a description of the issue, the date on which it occurred, identification of the relevant Project and, where safe to do so, logs or screenshots that allow the issue to be reproduced. Passwords and private keys must not be submitted.

12.2. The Service Provider acknowledges receipt of the complaint and considers it without undue delay, no later than within 14 calendar days. Where additional information is required, this period runs from the date on which such information is received.

12.3. The response is sent to the email address associated with the Account or specified in the complaint.

13. Suspension and Termination of the Agreement

13.1. The Customer may discontinue the paid scope of the Service by not paying for a renewal or by changing the Plan in accordance with the functionality of the Service Website. Access to the Free Plan remains active until the Account is deleted or the Agreement is terminated.

13.2. The Customer may request deletion of the Account by contacting the Service Provider from the Account owner’s email address. Before deletion, the Customer should download any data it wishes to retain. Deletion of the Account results in the permanent deletion of Projects and Customer Data, subject to statutory obligations, backup retention periods and data necessary to establish, pursue or defend legal claims.

13.3. The Service Provider may suspend all or part of the Service with immediate effect where necessary to protect security, data or infrastructure, at the request of an authorised authority, in the event of a violation of law or a material breach of these Terms. In other cases, the Service Provider will request that the Customer remedy the breach and provide an appropriate period to do so.

13.4. The Service Provider may terminate the Agreement with 30 days’ notice or, for good cause, including in particular continued material breach of these Terms despite prior notice, attempts to circumvent security measures or use of the Service for unlawful activities, with immediate effect.

13.5. Termination of the Agreement does not release the Customer from the obligation to pay any amounts already due. If the Service Provider terminates a paid Service for reasons not attributable to the Customer, it will refund a proportional part of the fee corresponding to the unused period.

14. Liability

14.1. Each Party is liable for non-performance or improper performance of the Agreement in accordance with general principles of law, subject to the provisions below and mandatory provisions of applicable law.

14.2. The Service Provider is not liable for consequences resulting from: incorrect installation or configuration of an Integration; transmission of incomplete or incorrect data; operation of the Project, hosting, network or third-party services; exceeding applicable limits; the Customer’s failure to export data before expiry of the retention period; or use of monitoring results contrary to their informational nature.

14.3. In relations with Customers who are not consumers, the Service Provider is not liable for lost profits or indirect damages, and its total liability arising out of or in connection with the Agreement is limited to the total net fees paid by the Customer for the Service during the 12 months preceding the event giving rise to the damage. For the Free Plan, the liability limit is PLN 1,000. These limitations do not apply to damage caused intentionally or to liability that cannot be limited under applicable law.

14.4. The Customer is responsible for the Project, the lawfulness of Customer Data, the actions of Users and decisions made on the basis of the results provided by the Service.

15. Changes to the Terms

15.1. The Service Provider may amend these Terms for valid reasons, including in particular changes in law, judgments or decisions of authorities, changes in technology, security considerations, development or withdrawal of features, changes in payment methods or the need to clarify provisions.

15.2. The Service Provider will notify the Customer of any amendment affecting ongoing Agreements at least 14 days before it takes effect by email or through a notification in the Account. An urgent amendment required for legal or security reasons may take effect earlier, provided that the reason is stated.

15.3. If an amendment materially and adversely affects the Customer, the Customer may terminate the Agreement before the amendment takes effect. Failure to terminate the Agreement and continued use of the Service after that date constitutes acceptance of the amended Terms.

16. Final Provisions

16.1. The Agreement is governed by Polish law. Matters not regulated by these Terms are governed in particular by the Polish Civil Code, laws governing the provision of electronic services and data protection laws.

16.2. The Parties will seek to resolve disputes amicably. Disputes involving Customers who are not consumers will be resolved by the court having jurisdiction over the Service Provider’s registered office. For persons or entities entitled to consumer protection, jurisdiction will be determined in accordance with applicable law.

16.3. The Customer may not assign its rights or obligations under the Agreement to a third party without the Service Provider’s prior consent. The Service Provider may transfer the Agreement together with its business or an organised part of its business, provided that this does not adversely affect the Customer’s rights.

16.4. If any provision of these Terms is invalid or unenforceable, this will not affect the validity or enforceability of the remaining provisions. The Parties will replace such provision with a lawful provision that reflects its intended commercial purpose as closely as possible.