Terms and Conditions of the
QSafe Remote Control application

§1. General provisions and definitions

1. These Terms and Conditions are terms for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means.

2. The Service Provider is ETS Polska, with its registered office at ul. Kwitnąca 11, 05-080 Mościska, Poland, NIP (tax ID) 1181713832, REGON 015623979, entered in the National Court Register (KRS) under number 0000183478, e-mail: biuro@ets-polska.pl.

3. The following terms used in these Terms and Conditions mean:

   1. Application – the QSafe Remote Control mobile application for devices running iOS or Android.

   2. User – a natural person, legal person or organisational unit that has created an Account in the Application.

   3. Consumer – a User who is a consumer within the meaning of Article 22¹ of the Polish Civil Code.

   4. CANk Module – a device installed in the Vehicle, fitted with a SIM card, that receives commands over the mobile network.

   5. Vehicle – a Toyota or Lexus car with a CANk Module installed.

   6. Service – remote viewing of the Vehicle's status and remote switching on and off of the air conditioning, manually or according to a schedule.

   7. Subscription – the paid right to use the Service for a subsequent Billing Period.

   8. Billing Period – 12 consecutive months.

4. Use of the Application requires acceptance of these Terms and Conditions. They are available in the Application and at www.ets-polska.pl/komfort/termsandconditions.

 

§2. Technical requirements and operating conditions of the Service

1. To use the Service, the following are required:

   1. a phone running iOS or Android with internet access,

   2. a Vehicle with an installed and active CANk Module,

   3. an active Subscription (the first Billing Period is included in the purchase price, see §5).

2. The Vehicle must be within range of the mobile network. The CANk Module receives commands only over the mobile network. In underground car parks, garages, tunnels and places with weak coverage, a command may not reach the Vehicle.

3. The Application sends a command to switch the air conditioning on or off to the Vehicle. The Application shows the last known status of the Vehicle, which may differ from its actual status due to lack of mobile network coverage.

4. The air conditioning switches itself off automatically after a fixed run time of 20 minutes.

5. The Application warns of a low battery charge level, so that the User can react in advance and avoid a situation in which the Vehicle cannot be started.

6. The Service Provider is not liable for the Service not working due to lack of coverage, a failure of the mobile operator's network, the technical condition of the Vehicle, or interference by third parties with the CANk Module.

 

§3. Safety rules

1. The User switches on the air conditioning remotely solely at their own risk and only when all of the following conditions are met:

   1. When using the remote air-conditioning control, make sure the car is fully immobilised and its surroundings are safe.

   2. Do not start the Vehicle remotely in a garage or an enclosed space.

   3. Do not start the Vehicle remotely when a person or an animal is inside.

   4. Always comply with local and national regulations that may restrict the use of these services in a given area (municipalities or parks).

2. The same rules apply to a scheduled start. Before a scheduled start, the Application sends a notification asking for confirmation; the User confirms it only when the conditions in points 1–3 are met.

3. A User who shares a Vehicle with other people in the Application informs them of the rules in this section.

 

§4. Environment and respect for surroundings

Use this service only when necessary. Please respect the environment and keep excessive noise and air pollution to a minimum.

 

§5. Subscription and fees

1. The Service is provided under a Subscription. The first Billing Period (12 months) is included in the purchase price of the CANk Module and runs from the date of [activation of the CANk Module / adding the Vehicle to the Application].

2. The fee for each subsequent Billing Period is the equivalent of EUR 15 gross for 12 months, payable in Polish zloty (PLN) according to the price list on the date the order is issued. The fee covers the cost of maintaining the SIM card in the CANk Module and data transmission.

3. Before the end of a Billing Period, the Service Provider sends the User notifications in the Application and by e-mail 30, 14 and 3 days before it expires.

4. Renewal requires payment of the Subscription for the next Billing Period. The Subscription does not renew automatically without the User's consent.

5. If the Subscription is not renewed, the Service is switched off when the Billing Period ends. The Account and added Vehicles remain in the Application, and the Service can be resumed by paying for the Subscription.

6. Price change. The Subscription price may change if the costs of the services of the mobile operator supplying the SIM card change. A price change:

   1. does not apply to a Billing Period already paid for,

   2. is announced in the Application and by e-mail at least 30 days before it takes effect,

   3. applies from the next Billing Period; a User who does not accept the new price may choose not to renew the Subscription at no cost.

7. The Service Provider issues a receipt or an invoice for each payment. Payment method: pro forma invoice.

 

§6. Account, Vehicles and sharing

1. Creating an Account is free of charge and requires an e-mail address. The User protects their login details and does not share them with other people.

2. To add a Vehicle, the User enters the Vehicle's VIN and the serial number of the CANk Module and confirms the operation with a code sent by e-mail. The User adds only Vehicles they are entitled to use.

3. A Vehicle may be used in the Application by several Users. Existing Users of the Vehicle receive an e-mail when a new person joins.

4. The User may set schedules for switching on the air conditioning. Schedule times use the Europe/Warsaw time zone and the 24-hour format. If the start is not confirmed within 10 minutes of the notification, the air conditioning will not be switched on.

5. The User may at any time remove a Vehicle from their Account or delete their Account in the Application.

6. The Service Provider may block the Account of a User who breaches these Terms and Conditions, in particular §3, or who adds a Vehicle without authorisation, after first calling on the User to stop the breach.

 

§7. Liability

1. The User bears sole liability for the consequences of switching on the air conditioning in breach of §3 or §4, including damage to persons, animals and property.

2. The Service Provider will make every effort to keep the Service running without interruption, but does not guarantee that every command will be executed within a specific time (see §2(2)–(3)).

3. The Service Provider may temporarily suspend the Service for maintenance work, giving advance notice where possible.

4. Towards Users who are not Consumers, the Service Provider's liability is limited to the amount of the fee for the current Billing Period, except for damage caused intentionally.

5. The provisions of this section do not limit Consumers' rights under mandatory provisions of law.

 

§8. Personal data

1. The controller of Users' personal data is the Service Provider.

2. The Service Provider processes the e-mail address, the Vehicle's VIN, the serial number of the CANk Module, Vehicle status data, schedules and device identifiers for push notifications, in order to provide the Service and for billing purposes (Article 6(1)(b) and (c) GDPR).

3. Detailed information, including on Users' rights and data recipients, is contained in the Privacy Policy available at [website address] and in the Application.

 

§9. Complaints and right of withdrawal

1. Complaints about the Service may be submitted by e-mail to biuro@ets-polska.pl. A complaint should include the Account e-mail address, the Vehicle's VIN and a description of the problem.

2. The Service Provider handles a complaint within 14 days of receiving it and replies by e-mail.

3. A Consumer may withdraw from the Subscription renewal contract within 14 days of its conclusion without giving a reason. If the Consumer requested that the Service begin before this period ends, the refund covers the fee less the value of the Service provided up to the moment of withdrawal.

4. A Consumer may use out-of-court complaint and redress procedures, including the assistance of a municipal or district consumer ombudsman (rzecznik konsumentów) and the Trade Inspection (Inspekcja Handlowa).

 

§10. Final provisions

1. The Service Provider may amend these Terms and Conditions for important reasons, in particular changes in the law, in the scope of the Service or in the costs of providing it. The Service Provider gives notice of an amendment in the Application and by e-mail at least 14 days before it takes effect.

2. A User who does not accept the amendments may delete their Account before the date they take effect.

3. Matters not covered by these Terms and Conditions are governed by Polish law, in particular the Civil Code and the Consumer Rights Act.

4. These Terms and Conditions take effect on 12 November 2026.