Terms & Conditions

for the provision of electronic services

version effective as of 2024-09-01

These Terms and Conditions set out the conditions for the use of the linkfloat.com application, i.e. the use of the digital services offered by Dominik Ostrowski and define the terms and conditions for the provision of electronic services to Beneficiaries.

Definitions
1. Account - an individual panel for the User, launched on the User's behalf by the Service Provider, after registration by the User, allowing the User to use the Application and the Services contained therein;
2. Account Maintenance - a free of charge service provided by the Service Provider to the User who has an Account in the Application, consisting in maintaining the Account;
3. Act on the provision of electronic services - Act of 18 July 2002 on the provision of electronic services (Polish Journal of Laws 2002 No. 144 item 1204 as amended);
4. Adding Files - a service provided by the Service Provider consisting in the possibility of adding files in pdf format, which create items in the list of files and obtain a name subject to modification;
5. Application - the web application operating under the name 'linkfloat.com', i.e. the software available on the Website, enabling the Service Provider to provide the Services.
6. Beneficiary - jointly the User and the Customer;
7. Civil Code - Act of 23 April 1964 Civil Code (Polish Journal of Laws 1964 no. 16 item 93 as amended);
8. Contact Form - a free service provided by the Service Provider consisting of the possibility to conduct correspondence via the contact form concerning the functionalities and services available through the Application;
9. Consumer - a natural person making a legal transaction with an Entrepreneur that is not directly related to business or professional activity, as referred to in Article 22(1) of the Civil Code;
10. Consumer-Professional - a natural person concluding a contract with the Service Provider directly in connection with business activity (and thus being an Entrepreneur), if the content of the contract indicates that it is not of a professional nature, arising in particular from the subject of business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity;
11. Creation of Recipient Lists - a service provided by the Service Provider to create a list of recipients for whom copies of the file in pdf format are generated, containing tracking url's, and to allow modifications to redirects, names or recipient lists;
12. Customer - a Consumer, Consumer-Professional or Entrepreneur who places an Order and then uses the Paid Services provided through the Application, pursuant to The Agreement for Paid Services concluded with the Service Provider, specifying the Package selected by the Customer, the Subscription Period that is subject to automatic renewal and the Cyclic Payment;
13. Cyclic Payment - a fee automatically charged to the payment card, due to the renewal of the Subscription Period, in connection with the use of the Auto-renewable Subscription service;
14. Data Storage - a free service provided by the Service Provider consisting in storing on the Service Provider's dedicated servers, data and any other information entered into the User Account created within the Application;
15. Digital Environment - computer hardware, software and network connections used by the User to access or use the Services;
16. Download Copy of Recipients Files - a service provided by the Service Provider to enable download of pdf files dedicated to specific recipients, generated on the basis of the file stored in the Application cache;
17. Editing Links - a service provided by the Service Provider consisting of the possibility of editing an automatically generated link name, as well as modifying the url to which the server will redirect after clicking on the link, in a pdf file.
18. Entrepreneur - a natural person, a legal person or an organizational unit which is not a legal person, to which special regulations grant legal capacity, conducting in its own name a business or professional activity referred to in Article 43 § 1 of the Civil Code;
19. ICT System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network, within the meaning of the Telecommunications Law;
20. Law on Consumer Rights - Act of 30 May 2014 on consumer rights (Polish Journal of Laws 2014 item 827);
21. Link List Creation - the service provided by the Service Provider to create a list of links to websites found in the content of an added file;
22. Newsletter - information in the form of an e-mail message sent periodically by the Service Provider via e-mail to the e-mail address to which the User Account is registered, containing the Service Provider's commercial information, in particular regarding the Service Provider's offers for new functionalities of the Application and other products offered by the Service Provider;
23. Non-Paid Services - services of a gratuitous nature, described in detail on the Offer Site, provided electronically to the User by the Service Provider under The Agreement for Non-Paid Services in connection with the functionalities available in the Application;
24. Notifications - a service provided by the Service Provider consisting of sending notifications when the recipient - for the first or subsequent time - interacts with a link contained in a generated, dedicated pdf file sent to a specific recipient;
25. Offer Site - website maintained by the Service Provider, available at https://linkfloat.com/pricing, where the Service Provider's current offer is presented;
26. Order - means a declaration of intent of the Customer made electronically via the User Account, aiming directly at the conclusion of The Agreement for Paid Services, specifying in particular the Package selected by the Customer, the Subscription Period which is subject to automatic renewal and the Cyclic Payment.
27. Order Confirmation - an e-mail message sent by the Service Provider to the Customer after the Order is placed, in which the Service Provider confirms receipt of the Order;
28. Package - a list of Paid Services presented on the Offer Site, provided by the Service Provider to the Customer under the Auto-renewable Subscription, during the Subscription Period selected by the Customer, upon payment of the Cyclic Payment;
29. Paid Services - services of a chargeable nature, described in detail on the Offer Site, provided electronically to the Customer by the Service Provider on the basis of The Agreement for Paid Services in connection with the functionalities available on the Application;
30. Privacy Policy - a document setting out the rules for processing personal data applicable to the Service Provider;
31. Service provider - Dominik Ostrowski with registered office at ul. Potockiego 44, 96-313 Budy-Grzybek, Poland, entered into the Central Registration and Information on Business of the Republic of Poland run by the Minister of Economy, NIP: 5291822576, REGON: 380939056;
32. Services - collectively, Paid Services or Non-Paid Services;
33. Subscriber - a person who has agreed to receive the Newsletter;
34. Subscription for an Indefinite Period (Auto-renewable Subscription) - a form of provision of the Paid Services available within the Package to the Customer, for successive automatically renewed Subscription Periods, based on the Cyclic Payments made;
35. Subscription Period - the period during which the Service Customer receives an electronic subscription, the length of which depends on the offer presented by the Service Provider on the Offer Site and the Service Customer's preferences;
36. Telecommunications Law - Act of 16 July 2004 Telecommunications Law (Polish Journal of Laws 2004 No. 171 item 1800);
37. Terms and Conditions - this document;
38. The Agreement for Non-Paid Services - the contract for the electronic provision of Non-Paid Services selected by the User, concluded remotely, in accordance with Terms and Conditions, between the User and the Service Provider;
39. The Agreement for Paid Services - the agreement for the provision by electronic means of the Paid Services selected by the Customer and available in a given Package, within the framework of the Auto-renewable Subscription, concluded remotely, in accordance with Terms and Conditions, between the Customer and the Service Provider;
40. The Service Agreements - collectively The Agreement for Paid Services and The Agreement for Non-Paid Services;
41. Use of Analytics - a service provided by the Service Provider consisting in the presentation of analytical data on individualized files sent to recipients, generated on the basis of documents posted on the User Account;
42. User - a Consumer, Consumer-Professional, Entrepreneur, using the Non-Paid Services available within the Application, pursuant to The Agreement for Non-Paid Services concluded with the Service Provider in accordance with the provisions of Terms and Conditions;
43. Website - the website maintained by the Service Provider, available at https://linkfloat.com;
Contact details
- business address: ul. Potockiego 44, 96-313 Budy-Grzybek, Poland
- mailing address: ul. Potockiego 44, 96-313 Budy-Grzybek, Poland
- e-mail address: [email protected]
- website: https://linkfloat.com
Basic rules of using the Application
1. The Provider shall enable through the Application the use of:
  1. the User - of the Non-Paid Services,
  2. the Customer - of Paid Services, available within the given Package, for the Subscription Period specified on the Offer Site, for the provision of which the Cyclic Payment is due.
2. The Services shall be used subject to the terms and definitions set out in the Terms and Conditions and on the Offer Site.
3. The Services are available exclusively to entities with full legal capacity.
4. Each Beneficiary is obliged to become familiar with the content of the Terms and Conditions and Privacy Policy and to comply with their provisions from the moment of commencement of actions aimed at using the Services.
Technical conditions for the use of the Application and risks
1. In order to use the Non-Paid Services available on the Application, the following requirements must be met in combination:
  1. possession of a device capable of connecting to the Internet,
  2. possession of an active and correctly configured e-mail account,
  3. you have a web browser installed (latest version of Google Chrome),
  4. having an active and correctly configured e-mail account,
  5. accessing the Website and creating a User Account,
  6. acceptance of the Terms and Conditions of the Application.
2. In order to use the Paid Services available within the Application, it is necessary to fulfil the following requirements jointly:
  1. possession of a device enabling connection to the Internet,
  2. having an active and correctly configured e-mail account,
  3. having a web browser installed (latest version of Google Chrome),
  4. having an active and correctly configured e-mail account,
  5. accessing the Website and creating a User Account,
  6. acceptance of the Terms and Conditions of the Application,
  7. choosing the preferred Package, Subscription Period, taking into account the amount of the Cyclic Payment, presented by the Service Provider on the Offer Site,
  8. placing an Order,
  9. conclusion of The Agreement for Paid Services provided under the Auto-renewable Subscription,
  10. paying the Cyclic Payments.
3. The technical conditions of use of the Application are important for the correct functioning of the Application, the way it is displayed and the security of the data transmitted.
4. Particular risks associated with the use of the Application are the possibility of unauthorised persons gaining access to and interfering with the data transmitted via the network or stored on devices connected to the network, which may result, in particular, in its loss, unauthorised modification or inability to use the Services offered using the Application.
5. The Service Provider may introduce additional software or data in the ICT System used by the Beneficiary that are not part of the content of the Services, i.e. it may use cookies or similar technologies other than those strictly necessary if the Beneficiary agrees to this in advance.
6. The Beneficiary shall install updates to the operating system in accordance with the recommendations of the manufacturer of the device held and the manufacturer of the operating system. Failure to keep the operating system up to date may lead to a decrease in the security level of the Application.
7. Access to the Application is password-protected. Closing the Application, termination of data transmission, loss of connection or switching off the device does not cause automatic log-off from the Application.
8. The Service Provider recommends that if the Beneficiary ceases to use the device in question, the Application should be removed from the device by uninstalling it before the device is handed over to a third party.
Availability of the Application and Services
1. The Service Provider reserves the right to carry out necessary maintenance works in the ICT System, which may cause temporary disruptions or prevent the use of the Application.
2. In special cases affecting the security or stability of the ICT System, the Service Provider shall have the right to temporarily cease or restrict the availability of the Application and the provision of services through it, without notice, and to carry out maintenance work to restore the security and stability of the ICT System.
3. The Service Provider reserves the right to perform updates to the Application, to modify its functionalities or to discontinue some of the Services.
User Account Registration
1. User Account registration is free of charge and voluntary, but necessary to use the Services (except for the 'Contact Form' service).
2. Registration of the Account may take place through a dedicated form in the Application, requiring the provision of an e-mail address and password. During registration, acceptance of the Terms and Conditions is required by clicking on the checkbox visible during registration.
3. Upon completion of the registration form and application as described in paragraph 2, the Service Provider sends to the User, to the e-mail address indicated during registration, a verification code, enabling activation of the Account.
Account Maintenance and Data Storage
1. The Account Maintenance and Data Storage Services are related services, provided jointly and available after the registration of the User's Account pursuant to the principles described in the Terms and Conditions.
2. The services indicated in paragraph 1 are provided to the User having an Account, 7 days a week, 24 hours a day, subject to the provisions of pt. IV of the Terms and Conditions.
3. The agreement for the provision of services indicated in paragraph 1 above is concluded between the Service Provider and the User at the moment of registration of the User's Account.
4. The Account Maintenance Service consists of providing the registered User with a dedicated panel within the Application, enabling the User to access data entered into the Application and stored by the Service Provider.
5. The Data Storage Service consists of storing the data sent to the Service Provider, independently entered into the Application by the User, metadata related to documents managed through the Application by the User, as well as the data concerning the history of document interactions, and their subsequent collection by the Service Provider, on the Service Provider's server.
Contact Form
1. The Contact Form allows you to send queries or other messages to the Service Provider via the Application.
2. The Contact Form may be used by a User with or without an Account in the Application.
3. Sending a message via the Contact Form is free of charge, requires the completion of all fields, the entry of the message content and the clicking of the 'Let's talk' button.
4. Once all the requirements referred to in paragraph 3 above have been met, by clicking on the 'Let's talk' button, the person using the Contact Form agrees to the immediate commencement of the Services via the Contact Form.
Newsletter
1. The Service Provider may provide Subscribers with a free Newsletter service consisting of sending to the email address provided by the Subscriber e-mail messages containing commercial information of the Service Provider, in particular concerning the Service Provider's offers concerning new functionalities of the Application, promotions and other products offered by the Service Provider.
2. In order to use the Newsletter service, the User agrees to receive it when making an Order.
3. Subscribing for the Newsletter is tantamount to consent to the sending of commercial information to the User by the Service Provider to the e-mail address to which the User Account was registered, as well as consent to the use of telecommunications terminal equipment and automatic calling systems for direct marketing purposes - pursuant to Article 172 § 1 of the Telecommunications Law, to the extent covered by the Newsletter.
4. The Subscriber shall immediately receive by e-mail information about subscribing to the Newsletter, together with a link enabling confirmation of subscribing to the Newsletter. As soon as the Newsletter subscription is confirmed, an agreement on provision of Newsletter service in electronic form shall be concluded.
5. Newsletter shall contain in particular: information about the sender, filled in 'subject' field, defining the content of the message and information about the possibility and manner of free cancellation of the Newsletter Service.
6. The Newsletter service shall be provided for an indefinite period of time. The Subscriber may at any time resign from receiving the Newsletter by unsubscribing, in particular through the link contained in each email sent within the Newsletter service or by contacting the Service Provider directly by email or post.
7. Uninstallation of the Application by the User or deletion of the User Account does not imply automatic unsubscription from the Newsletter and the actions indicated in subsection 6 above shall be required for this purpose.
Placing of Orders, conclusion of The Agreement for Paid Services, processing of payments
1. Orders can be placed only by a person who has an active User Account. Placing an Order is possible only after logging in to the User Account.
2. Orders can be placed 24 hours a day, 7 days a week, excluding any periods of technical interruptions specified in the information message displayed in the Application. Placing an Order is done by taking the subsequent technical steps based on the messages displayed on the Offer Site.
3. When placing an Order, the Customer selects the Package, the Subscription Period (including the amount of the Cyclic Payment), and then proceeds to payment. Making payment for the Order is possible only by payment card and and is made 100% in advance.
4. All Order placement and payment processing is carried out by our online reseller & Merchant of Record, Paddle.com Market Ltd., Judd House, 18-29 Mora Street, London EC1V 8BT, who also handles order-related inquiries and returns. Detailed information about the provision of services and the processing of personal data by the operator can be found on its websites (https://www.paddle.com/legal/checkout-buyer-terms, https://www.paddle.com/legal/privacy).
5. The recurring payments presented on the Offer Site are quoted in US dollars and are gross prices. Where applicable (depending on the Customer's country of origin), tax will be added during the finalization of the Order or it will be indicated that the reverse VAT mechanism applies.
6. Sending of the Order by the Customer shall be understood as the Customer's submission of a statement of intent to conclude The Agreement for Paid Services with the Service Provider, in accordance with the content of the Terms and Conditions and the provisions of law.
7. The information provided by the Customer to enable the execution of the Order should be truthful, complete, current and accurate. Providing false, outdated or inaccurate data may prevent the execution of the Order or the due performance of the Paid Services.
8. The Agreement for Paid Services shall be concluded upon receipt by the Customer of the Order Confirmation and payment for the Order.
9. If the Customer is an Entrepreneur, the ordered Paid Services shall be executed immediately after the conclusion of The Agreement for Paid Services. In the case of Customers who are Consumers or Consumers-Professional, the ordered Paid Services shall be performed 14 days after the conclusion of The Agreement for Paid Services, unless the Customer, by placing an Order, consents to the performance of the ordered Paid Services before the expiration of the deadline for withdrawal from the contract and states that they acknowledge that the expression of the above consent results in the loss of the right to withdraw from the contract after the complete performance of the service.
10. If access to the Paid Service is not granted to the Customer within the time limit indicated in paragraph 9 above, the Customer has the right to summon the Service Provider to perform the service. The summons referred to in the preceding sentence may be sent by mail or e-mail. If the Service Provider fails to provide access to the Paid Services covered by The Agreement for Paid Services immediately upon receipt of the summons or within an additional period expressly agreed with the Customer, the Customer may withdraw from The Agreement for Paid Services. For details on the exercise of the right of withdrawal, please refer to Section. XI of the Terms and Conditions.
11. Payment for subsequent Subscription Periods, under an Auto-renewable Subscription, shall be made by automatically charging the Cyclic Payment from the payment card, in the amount in accordance with the concluded The Agreement for Paid Services, in connection with the renewal of the Subscription Period. The Cyclic Payment for the next Subscription Period shall be charged to the payment card no earlier than 24 hours before the start of the next Subscription Period.
12. Inability to collect the payment before the start date of the new Subscription Period, due to lack of adequate funds on the Customer's payment card, will result in termination of the Agreement for Paid Services in the form of Auto-renewable Subscription, as a result of a notice given by the Service Provider. The Service Provider will notify the Customer via e-mail to the e-mail address provided by the Customer.
13. The Service Provider reserves the right to change the amount of Cyclic Payment, Packages, Subscription Periods, introduce new Paid Services, and withdraw Paid Services presented on the Offer Site, provided that these changes do not affect the rights of Customers who have placed an Order prior to the introduction of these changes.
14. The Service Provider may conduct promotional actions and sales under separately specified rules and inform about them through the Application or the Offer Site.
Termination of The Agreement for Paid Services
1. In the case of Packages available as part of an Auto-renewable Subscription, once the Subscription Period selected by the Customer has ended, The Agreement for Paid Services shall automatically renew for the next Subscription Period corresponding to the period originally selected by the Customer, unless the Customer changes the Package or the Subscription Period via the User Account or the Offer Site, which shall be equivalent to charging the Customer the Cyclic Payment for the next Subscription Period in accordance with the change made.
2. The Cyclic Payment will not be charged if the Customer cancels the Auto-renewable Subscription, in the manner provided for in the User Account, in each case no later than 24 hours before the start of the next Subscription Period. Cancellation within this period will have effect as of the following Subscription Period.
3. Cancellation of the Auto-renewable Subscription shall result in termination of The Agreement for Paid Services on the last day of the Subscription Period and consequently in the Customer's loss of access to the Paid Services made available in the Application.
4. The uninstallation of the Application from the device does not constitute a cancellation of the Auto-renewable Subscription.
5. The Service Provider is entitled to terminate The Agreement for Paid Services without notice and to block the Customer's access to the Paid Services under the Auto-renewable Subscription, and the Customer shall not be entitled to a refund of the fees paid in such case:
  1. if the Customer uses the Services in a manner inconsistent with the Terms and Conditions, in particular violates any of the provisions set out in clauses XIV. or XVI of the Terms and Conditions;
  2. in a situation where the Service Provider would be obliged to do so by the relevant public authorities.
Withdrawal from The Service Agreements
1. The rights described in this clause, are available only to the Beneficiary who is a Consumer or a Consumer-Professional.
2. The Beneficiary has the right to withdraw from The Service Agreements without giving any reason and without incurring any costs, within 14 days from the conclusion of The Service Agreements.
3. If, in the course of placing an Order, the Service Recipient declares that they wishes the provision of Services to them to begin before the expiration of the 14-day period for withdrawal from the Agreement and confirms this by requesting the performance of the Paid Service before the expiration of the aforementioned period, they lose the right to withdraw from the Agreement for the provision of the Paid Service as soon as it is performed in full by the Service Provider.
4. Sending the withdrawal declaration before its expiry is sufficient to meet the deadline indicated in paragraph 2. If the declaration of withdrawal is sent electronically, the Beneficiary will receive an acknowledgement of receipt of the declaration of withdrawal without delay. If the declaration of withdrawal is sent by mail (post, courier), the date of mailing shall count for the 14-day withdrawal period.
5. In the event of withdrawal from the Agreement for Paid Services, the Service Provider shall return the payment to the bank account indicated by the Customer immediately, but no later than within 14 days of receipt of the withdrawal statement.
6. If the Services provided by the Service Provider do not comply with The Service Agreements, the Beneficiary may demand that they be brought into conformity with The Service Agreements.
7. The Beneficiary shall cooperate with the Service Provider, to a reasonable extent and with the least onerous technical means possible, in order to determine whether the non-compliance of the Services with The Service Agreement in a timely manner is due to the characteristics of the Beneficiary's Digital Environment.
8. The Service Provider may refuse to bring the Services into conformity with The Service Agreement if bringing them into conformity with The Service Agreement is impossible or would require excessive costs for the Service Provider.
9. The Service Provider shall bring the Services into conformity with The Service Agreement within a reasonable period of time following notification of non-conformity with The Service Agreements and without undue inconvenience to the Beneficiary, taking into account their nature and the purpose for which they are used. The cost of bringing the Services into conformity with The Service Agreements shall be borne by the Service Provider.
10. In the event of non-conformity of the Services with The Service Agreements, the Customer may submit a statement of price reduction and the Beneficiary may also withdraw from The Service Agreements when:
  1. bringing the Services into conformity with The Service Agreement is impossible or requires excessive costs in accordance with subsection 8 above;
  2. the Service Provider has failed to bring the Services into conformity with The Service Agreements in accordance with sub-clause 9 above;
  3. the non-compliance of the Services with The Service Agreements continues even though the Service Provider has attempted to bring the Services into compliance with The Service Agreements;
  4. the non-compliance of the Services with The Service Agreements is so significant as to warrant a reduction in price or termination of The Service Agreements without first pursuing the remedy set out in subsection 6 above;
  5. it is clear from the Service Provider's statement or circumstances that this will not bring the Services into conformity with The Service Agreements within a reasonable time or without undue inconvenience to the Beneficiary.
11. The Beneficiary may not withdraw from The Service Agreements if the non-compliance of the Services with The Service Agreements is immaterial.
12. The Service Provider shall not be entitled to claim payment for the time during which the Services were not in conformity with The Service Agreements, even if the Beneficiary actually used the Services before withdrawing from The Service Agreements.
13. The Service Provider shall only be obliged to reimburse the price for the part corresponding to the Services not in conformity with The Agreement for Paid Services, the obligation to provide which has fallen away as a result of the withdrawal from The Agreement for Paid Services.
14. The Service Provider shall refund to the Customer the price due as a result of the exercise of the right of withdrawal or reduction of the price due to the non-conformity of the Services with The Agreement for Paid Services, immediately, but no later than within 14 days of receipt of the Customer's declaration of withdrawal or reduction of the price.
15. The Service Provider shall refund the price using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not incur any costs for the Customer.
16. In order to exercise the right of withdrawal from The Service Agreements, the Beneficiary shall make a statement to the Service Provider to this effect in writing at: ul. Potockiego 44, 96-313 Budy-Grzybek, Poland or by e-mail to: [email protected].
17. When making a declaration, the Beneficiary may use the withdrawal form constituting Annex No. 1 to these Terms and Conditions; the use of the form is not obligatory.
Complaints
1. The rights described in this paragraph shall apply only to Beneficiary who are Consumers or Consumer-Professionals.
2. The Service Provider shall be obliged to provide the Services in accordance with the agreements concluded and therefore shall in particular be liable for any non-conformity of the Services provided under the Application with the Service Agreement that has occurred or has become apparent during the time that the Beneficiary used the Application in accordance with the agreement.
3. The non-compliance of the Services with the Service Agreement shall be presumed to have occurred during the time indicated in paragraph 2 if it became apparent during that time.
4. The presumption set out in paragraph 3 above shall not apply if:
  1. the Digital Environment of the Beneficiary is not compatible with the technical requirements referred to in Section III. Terms and Conditions;
  2. The Beneficiary does not comply with the obligation to cooperate indicated in Section XI. paragraph 7 of the Terms and Conditions.
5. The Beneficiary may make a complaint to the Service Provider regarding the non-compliance of the Services with the Service Agreement, describing the grounds for the complaint.
6. The Beneficiary may lodge a complaint:
  1. in writing to: ul. Potockiego 44, 96-313 Budy-Grzybek, Poland
  2. by email to: [email protected]
7. The complaint should include: the Beneficiary's contact details (name, surname, correspondence or e-mail address), the e-mail address to which the User Account has been registered, a statement of the reason for the complaint and an indication of what the Beneficiary is requesting in connection with the complaint.
8. The Service Provider shall promptly, but not later than within 14 days, consider the complaint and respond to the Beneficiary, unless a different time limit for responding to the complaint arises from mandatory provisions of law.
9. If the Service Provider does not accept the Beneficiary’s complaint and the Beneficiary does not agree with such decision, the Beneficiary may turn to an entity authorised to conduct proceedings for out-of-court settlement of consumer disputes. Detailed information on the possibility for the Beneficiary to make use of out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites of:
  1. county (municipal) consumer ombudsmen, social organisations whose statutory tasks include consumer protection;
  2. provincial Inspectorates of Trade Inspection;
  3. Office of Competition and Consumer Protection.
10. Pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), the Beneficiary may submit a complaint to resolve a potential dispute with the Service Provider via the ODR online platform. The ODR platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show.
Liability of the Service Provider in other cases
1. For Beneficiaries who are neither Consumers nor Consumers-Professionals, the Service Provider's liability is limited exclusively to damage caused by intentional fault. In this case, the Service Provider is not liable for lost profits.
2. The Service Provider's total aggregate liability to the Beneficiaries is limited to the equivalent of the remuneration received by the Service Provider for providing Services to the Beneficiary in the three months preceding the damage.
3. The limitations of the Service Provider's liability do not apply to liability provided for by mandatory legal provisions, in particular liability for personal injury, and are without prejudice to liability towards Consumers.
Liability of the Beneficiary
1. In using the Services, the Beneficiary undertakes to:
  1. not to undertake activities aimed at interfering with the operation of computer systems;
  2. not undertake any actions interfering with the content, structure, form, graphics or operating mechanism of the Application, Website, Offer Site and Services, except for those expressly permitted by the Service Provider;
  3. not to take any action which results in the provision of unlawful content to the Application, Website, Offer Site;
  4. not to use the Application, the Website, the Offer Site or the Services in a manner contrary to the law, morality, infringing the personal rights or rights of third parties or the legitimate interests of the Service Provider. In particular, it is forbidden to use the Application, the Website, the Offer Site or the Services to send unsolicited commercial information or to distribute malicious software;
  5. not to attempt to circumvent the regulations or procedures set out in the Terms and Conditions;
  6. not to engage in any activity that interferes with the operation of the Application, Website, Offer Site or Services, unauthorised access to or interference with the Services, devices, data, accounts or networks, including attempts to circumvent or breach their security;
  7. not to use the Services to any extent and in any situation that could lead to death or serious injury to a person, or to material or environmental damage.
2. The Service Provider shall be entitled to block or restrict the Beneficiary's access to the Services at any time in the event that the Beneficiary acts to the detriment of the Service Provider, another Beneficiary or third parties, violates the law, the provisions of the Terms of Use or the provisions of the Privacy Policy.
3. The Service Provider shall be entitled to block or restrict the Beneficiary's access to the Services at any time if the blocking of access to the Services is justified by security reasons, in particular by a breach of the security of the Application, the Website, the Offer Site or the Services by the Beneficiary.
4. The blocking or restriction of the Beneficiary's access to the Services for the reasons set out in paragraphs 2 and 3 above may take place for a period of time until the occurrence of the reason constituting the basis for blocking or restriction of the Beneficiary's access to the Services ceases or, in the case of failure to remedy them, the Service Agreements are terminated.
5. The Service Provider shall immediately notify the Beneficiary of the blocking or restriction of access rights to the Services by e-mail to the Beneficiary's e-mail address.
Disclaimer
Except as provided in the Terms and Conditions and to the extent permitted by applicable law:
1. The Services are provided by the Service Provider without warranty of any kind, express or implied, as to merchantability or achievement of a particular purpose, as well as accuracy, completeness;
2. Beneficiary is solely responsible for any of its own acts or omissions based on the results obtained from the use of the Services or the results thereof.
Intellectual Property Rights
1. The Service Provider shall own the necessary intellectual property rights (including copyrights or licenses) relating to the Services in order to provide them, including the software attached thereto, as well as to the algorithms, interfaces, technologies, databases, tools, expertise and procedures and techniques used which are necessary for their delivery or execution (excluding content, materials, information and content provided by the Beneficiary). This also includes any documentation and collected data, as well as any improvements, changes, extensions or derivative works based on the aforementioned elements, regardless of who the creator or author is. This also includes any intellectual property rights related to the said components. The Beneficiary is not entitled to use the aforementioned rights in a manner that goes beyond the licence set out in paragraph 3 below.
2. The Service Provider holds the necessary copyright or licence for all graphic or textual material contained on the Website, the Offer Site, the Application (excluding content, materials, information and content provided by the Beneficiary), which are protected by intellectual property rights and may not be used in excess of the licence below.
3. As part of the Agreement, the Service Provider shall grant:
  1. to the User - in respect of the Non-Paid Services, for the duration of and as part of The Agreement for Non-Paid Services,
  2. to the Customer - in respect of Paid Services, for the duration and within the scope of The Agreement for Paid Services concluded by the Customer,
  within the limits of the rights held by the Service Provider and only to the extent necessary for the use of the Services, a non-exclusive, non-transferable licence to use the software, within the limits of the rights set out in the Terms and Conditions and the Services purchased, to display in full and as intended, store and save in computer memory, only to the extent and for the purpose necessary to launch and use the Services available on the Application.
4. The Beneficiary shall not be entitled to grant any further sub-licences.
5. For the avoidance of doubt, the Beneficiary shall not be entitled to interfere in any way with the content of the source code provided by the Service Provider, to modify it further, to copy it and to make it available to third parties, without the prior written consent of the Service Provider.
6. Except as expressly permitted within the Services, the following is prohibited without the prior express written consent of the Service Provider: to use the Services, including the provided source code, in a manner contrary to these Terms of Use, to generally applicable laws or to infringe the interests, rights or personal rights of the Service Provider. Any copying, distribution and development of the Application or Services, as well as their individual elements, or their appearance as a whole or in part, is prohibited without the prior express written consent of the Service Provider.
7. The Beneficiary who uploads materials and content within the User Account grants the Service Provider a licence to the uploaded materials for the storage of this information by the Service Provider.
Personal Data
1. The rules for the processing of personal data by the Service Provider are governed by the Privacy Policy.
2. The principles of processing of personal data entered in the Application in relation to which the Beneficiary who is an Entrepreneur is the Data Controller and the Service Provider is the processor are governed by the Data Processing Schedule attached as Annex no. 2 to the Terms and Conditions.
Changes to the Application
1. The Service Provider may make a change to the digital service in the form of the Application that is not necessary to comply with the digital service agreement if it is necessary to adapt the digital service to generally applicable laws or a final judgment or decision issued against the Service Provider, or if it is necessary to adapt the digital service to technological changes, including those necessary to ensure their compatibility or interoperability.
2. The implementation of the change referred to in paragraph (1) shall not entail any costs on the part of the Beneficiary.
3. The Service Provider shall inform the Beneficiary of the change referred to in paragraph 1 through a message displayed in the Application.
4. If the change referred to in paragraph (1) materially and adversely affects the Beneficiary's access to or use of the digital service, the Service Provider shall inform the Beneficiary sufficiently in advance in the form of an e-mail about the characteristics and date of the change and the right referred to in paragraph (5) below.
5. In the case referred to in paragraph 4, the Beneficiary may terminate The Service Agreements.
Final provisions
1. The Terms and Conditions are made available free of charge in the Application under the tab 'Terms & Conditions' as well as in the Account, where they can be downloaded, saved and printed.
2. The law applicable to the Service Agreement shall be Polish law, with the proviso that the choice of Polish law shall be without prejudice to the protection afforded to consumers by mandatory provisions of law.
3. The Service Provider is entitled to amend these Terms and Conditions for important reasons, in particular such as:
  1. a change in the state of the law requiring amendments to the Terms and Conditions,
  2. changes in the functioning of the Application,
  3. correction of errors and mistakes in the Terms and Conditions.
4. The Beneficiary shall be informed of amendments to the Terms and Conditions by e-mail. The new version of the Terms and Conditions shall be available in the Application under the tab 'Terms & Conditions'.
5. If the Beneficiary does not agree with the amendments to the Terms and Conditions,they shall be entitled to terminate the Service Agreement.
6. The Agreement for Non-Paid Services concluded after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions as amended shall apply.
7. The Agreement for Paid Services in which Orders were placed after the date indicated as the effective date of a given version of the Terms and Conditions, the Terms and Conditions as amended shall apply.

Terms & Conditions

for the provision of electronic services

Contact details

Annexes