§ 1.
General Provisions
- These terms of service (hereinafter referred to as the “Terms”) set forth the rules and conditions for using the “MAPSTIC” service available at https://mapstic.com/en/ (hereinafter referred to as the “Service”) and the services provided by the Service Provider.
- The Service is intended for entrepreneurs, including Entrepreneurs with Consumer Rights, who have Google business listings and serves as a tool for managing all of them from one place. A consumer, as defined by the Civil Code, cannot be a party to the Agreement.
- The Terms constitute the terms of service referred to in Article 8 of the Act of 18 July 2002 on the Provision of Electronic Services (hereinafter referred to as the “Act on the Provision of Electronic Services”).
- The Service Provider is MBRIDGE spółka z ograniczoną odpowiedzialnością, with its registered office in Warsaw (registered address: ul. Bukowińska 22B, 02-703 Warsaw), registered in the entrepreneurs’ register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number 0000620984, REGON 36437128900000, NIP 5213734384, with a share capital of 6,000.00 PLN (six thousand Polish zlotys) fully paid up (hereinafter referred to as the “Service Provider”).
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The Service Provider can be contacted via:
- Email at: kontakt@mapstic.com;
- Traditional mail at: ul. Bukowińska 22B, 02-703 Warsaw;
- Phone numer at: 513875501
- The information available on the Service regarding the services provided by the Service Provider constitutes an invitation to enter into an agreement within the meaning of Article 71 of the Civil Code of 23 April 1964 (hereinafter referred to as the “Civil Code”).
- Before using the services provided by the Service Provider, the User is required to read the Terms and the Privacy Policy.
§ 2.
Definitions
The terms used in the Terms and Conditions written with capital letters have the following meanings:
- Civil Code - the term defined in § 1 section 6 of the Terms and Conditions;
- Account - a panel created in the Service’s IT system, enabling the Service Recipient to use the Services. Within the Account, the Service Recipient can store their data and manage data related to the Google business listings they own. Deleting the Account is equivalent to deleting all data and content contained therein or associated with it;
- Non-compliance - understood as the non-compliance of the Service with the Agreement. The criteria for assessing the Service’s compliance with the Agreement regarding its provision are specified in Article 43k, sections 1-2 of the Consumer Rights Act;
- Billing Period - the period during which the Service Provider makes the Pro Service available to the Service Recipient;
- Privacy Policy - a document containing information about the processing of the Service Recipients’ personal data by the Service Provider;
- Entrepreneur - a natural person, legal person, or organizational unit without legal personality, to whom specific regulations grant legal capacity, conducting business or professional activity in their own name;
- Entrepreneur with Consumer Rights - a natural person conducting business or professional activity in their own name, who has entered into an Agreement with the Service Provider directly related to their business activity, but not having a professional nature for this person, particularly resulting from the subject of the business activity they perform;
- Terms and Conditions - the term defined in § 1, section 1 of the Terms and Conditions;
- Agreement / Service Provision Agreement - an agreement for the provision of the Basic Service or an agreement for the provision of the Pro Service;
- Basic Service Provision Agreement - an agreement for the provision of a digital service, under which the Service Provider undertakes to provide the Basic Service to the Service Recipient free of charge;
- Pro Service Provision Agreement - an agreement for the provision of a digital service, under which the Service Provider undertakes to provide the Pro Service to the Service Recipient for a fee for a specified period;
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Service - a digital service enabling the management of all Google business listings in one place. In particular, the Service Recipient can use the Service to add Google profiles, add posts, schedule posts, generate reports, and respond to user reviews. It includes:
- Free Basic Service, covering some functionalities of the Service, and
- Paid Pro Service, covering all functionalities of the Service;
- Service Recipient - an Entrepreneur or an Entrepreneur with Consumer Rights who has entered into a Basic Service Provision Agreement or a Pro Service Provision Agreement with the Service Provider or has taken steps to enter into such agreements;
- Service Provider - the term defined in § 1, section 3 of the Terms and Conditions;
- Consumer Rights Act - the Act of 30 May 2014 on consumer rights;
- Act on the Provision of Electronic Services - the term defined in § 1, section 2 of the Terms and Conditions;
- Business Listing - a Google business listing owned by the Service Recipient (a free business profile of the Service Recipient on Google) used to present their company and services on Google Maps and the Google search engine.
§ 3.
Technical requirements
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To properly use the services provided by the Service Provider through the Service, and thereby the Service itself, it is necessary to have:
- An Internet connection;
- Devices that allow access to Internet resources;
- An up-to-date and properly configured version of the following web browsers: Chrome on Android devices and desktop devices, Safari on Apple mobile devices, and the aforementioned Chrome on desktop devices;
- A web browser that can display hypertext documents linked on the Internet via the WWW network service, supports the JavaScript programming language, and accepts cookie files;
- An active email account.
- Within the Service, the use of viruses, bots, worms, or other computer codes, files, or programs (particularly those automating script and application processes or other codes, files, or tools) by the Service Recipient is prohibited.
- The Service Provider informs that it uses cryptographic protection for electronic transfers and digital content by applying appropriate logical, organizational, and technical measures, particularly to prevent third parties from accessing data. These measures include SSL encryption, the use of access passwords, and antivirus or anti-malware programs.
- The Service Provider informs that despite the security measures mentioned in section 3 above, using the Internet and electronic services may still pose a risk of harmful software entering the Service Recipient’s IT system and device, or third parties gaining access to data on that device. To minimize this risk, the Service Provider recommends using antivirus programs and measures to protect online identification.
§ 4.
General rules for using the service
- The Service Recipient is obligated to use the services provided by the Service Provider in a manner consistent with generally applicable laws, the provisions of the Terms and Conditions, and good practices.
- Providing unlawful content by the Service Recipient is prohibited.
- In the event of a violation of the Terms and Conditions, the Service Provider may request the Service Recipient to remedy the violation and set a deadline of no less than 7 (seven) days for this purpose.
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Violations of the Terms and Conditions include, in particular:
- Providing unlawful content by the Service Recipient;
- Using the Services by the Service Recipient in a manner inconsistent with their intended purpose;
- Providing false or incomplete data by the Service Recipient;
- Performing actions on behalf of the Service Recipient by an individual without the authority to represent them;
- The Service Recipient using the services provided by the Service Provider is required to provide only accurate data (including personal data). The Service Provider is not responsible for the consequences of the Service Recipient providing false or incomplete data.
- If actions on the Service (particularly entering into an Agreement) are performed by an individual acting on behalf of a Service Recipient who is not a natural person, performing such actions is equivalent to a declaration by the individual that they are authorized to represent the Service Recipient. The Service Provider is entitled to request the individual to present proof of their authority to represent the Service Recipient, particularly a power of attorney document or an extract from the relevant register. If actions are performed on behalf of the Service Recipient without proper authority, the individual performing these actions is liable as stipulated by the provisions of the Civil Code.
- The Service Recipient is required to comply with all rules regarding Google business listings, including the rules for using Google services in this regard, particularly the rules concerning the content posted in Google business listings. The Service Provider is not responsible for any violations of these rules by the Service Recipient.
- All statements, requests, notifications, and information referred to in the Terms and Conditions may be communicated via email, unless a specific provision of the Terms and Conditions states otherwise.
- The Service Provider reserves the right to change the functionality of the Service at any time.
- The Service Recipient acknowledges that some functionalities of the Service may be supported by tools based on artificial intelligence.
§ 5.
Agreement for providing basic services
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Based on the Basic Service Provision Agreement, the Service Recipient may use certain functionalities of the Service free of charge, including:
- Managing up to 10 Business Listings;
- Publishing up to 10 posts per month in the Business Listings.
- Using these functionalities requires prior registration of an Account.
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To register an Account, the Service Recipient should perform the following actions:
- Go to the Service’s website and click on the “Registration” tab;
- Enter their email address (which will also serve as the login) and create a password in the displayed form;
- Check the checkbox confirming they have read and accept the Terms and Conditions and the Privacy Policy;
- Click the “Register” option.”
- After clicking the “Register” option, a verification and activation link will be sent to the email address provided by the Service Recipient. By clicking the link, the Service Recipient will gain access to the Account.
- Gaining access to the Account is equivalent to gaining access to the Basic Service.
- At the moment the Service Recipient is granted access to the Basic Service, a Basic Service Provision Agreement is concluded between the Service Provider and the Service Recipient.
- The Basic Service Provision Agreement is concluded for an indefinite period.
- If the Service Recipient is not granted access to the Basic Service within the period specified in section 6 above, the Service Recipient shall request the Service Provider to grant access to the Basic Service without delay. This request may be sent via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions. If the Service Provider does not grant access to the Basic Service immediately after receiving the request, the Service Recipient may withdraw from the Basic Service Provision Agreement.
- In the case of a Service Recipient who is an Entrepreneur with Consumer Rights, notwithstanding the provisions of section 8 above, the Service Recipient may withdraw from the Basic Service Provision Agreement without requesting the Service Provider to grant access to the Basic Service if at least one of the cases specified in Article 43j, section 5 of the Consumer Rights Act applies.
- Notwithstanding the provisions of sections 8-9 above, the Service Recipient may terminate the Basic Service Provision Agreement at any time and without providing a reason with immediate effect.
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Withdrawal from or termination of the Basic Service Provision Agreement by the Service Recipient shall be done by submitting a statement of withdrawal or termination to the Service Provider. This statement may be:
- Submitted by deleting the Account in the Service, or
- Sent via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions.
- In the event of withdrawal or termination of the Basic Service Provision Agreement by the Service Recipient as specified in section 11, point b, the Service Provider shall immediately cease providing the Basic Service and delete the Account along with its stored content.
- If the Service Recipient violates the provisions of the Terms and Conditions and fails to remedy such violation despite receiving a request as specified in § 4, section 3 of the Terms and Conditions, the Service Provider may terminate the Basic Service Provision Agreement with a notice period of 7 (seven) days by submitting a termination statement via email. After the notice period expires, the Account will be permanently deleted. During the notice period, the Service Provider may block the Service Recipient’s access to the Basic Service if necessary to prevent further violations by the Service Recipient.
§ 6.
Agreement for providing pro services
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Based on the Pro Service Provision Agreement, the Service Recipient may use all functionalities of the Service for a fee, which include:
- Managing an unlimited number of Business Listings,
- Publishing an unlimited number of posts in the Business Listings,
- Scheduling posts,
- Generating company reports in Google;
A detailed description of the Service’s functionalities is provided in the Pro Service description.
- Entering into the Pro Service Provision Agreement is not available directly through the Service’s website. To enter into a Pro Service Provision Agreement, the Service Recipient should contact the Service Provider via the contact form available on the Service’s website. The details of the Pro Service Provision Agreement, including the price, are individually negotiated with the Service Provider.
- A Service Recipient who is an Entrepreneur with Consumer Rights, by placing an order for the Pro Service, agrees that the provision of the Pro Service may begin before the expiration of the withdrawal period from the Pro Service Provision Agreement. The Service Recipient also acknowledges that they have been informed that once the service is fully performed, they will lose the right to withdraw from the agreement and accepts this information.
- At the moment of payment for the Pro Service, a Pro Service Provision Agreement is concluded between the Service Provider and the Service Recipient. The Pro Service Provision Agreement is established for a period agreed upon by the parties to the Agreement.
- Access to the Pro Service is granted immediately upon the conclusion of the Pro Service Provision Agreement, under the conditions agreed upon by the parties to the Agreement, provided that the Service Recipient has an Account. If the Service Recipient does not have an Account in the Service (because they have not previously used the Basic Service), access to the Pro Service will be granted immediately after the registration of the Account, in accordance with the procedure described in § 5 sections 3 and 4 of the Terms and Conditions. Registration of the Account, including acceptance of the Terms and Conditions and the Privacy Policy by checking the appropriate checkboxes in the Service, is required to gain access to the Pro Service.
- If the Service Recipient is not granted access to the Pro Service within the period specified in section 5 above, they shall request the Service Provider to grant access to the Pro Service without delay. This request may be sent via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions. If the Service Provider does not grant access to the Pro Service immediately after receiving the request, the Service Recipient may withdraw from the Pro Service Provision Agreement.
- In the case of a Service Recipient who is an Entrepreneur with Consumer Rights, notwithstanding the provisions of section 6 above, the Service Recipient may withdraw from the Pro Service Provision Agreement without requesting the Service Provider to grant access to the Pro Service if at least one of the cases specified in Article 43j, section 5 of the Consumer Rights Act applies.
- Withdrawal from the Pro Service Provision Agreement by the Service Recipient shall be done by submitting a statement of withdrawal to the Service Provider via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions.
- In the event of withdrawal from the Pro Service Provision Agreement by the Service Recipient as specified in sections 7-8 above, the Service Provider shall immediately cease providing the Pro Service, block access to its functionalities, and refund the Service Recipient the received payment within 14 (fourteen) days from the date of receiving the statement of withdrawal.
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If the Service Recipient violates the provisions of the Terms and Conditions and fails to remedy such violation despite receiving a request as specified in § 4, section 3 of the Terms and Conditions, the Service Provider may terminate the Pro Service Provision Agreement with a notice period of 7 (seven) days by submitting a termination statement via email. After the notice period expires:
- If the Pro Service was provided to a Service Recipient who had not previously used the Basic Service, the Service Provider will permanently delete the Account;
- If the Pro Service was an extension of the Basic Service, the Service Recipient will lose access to the Pro functionalities.
- During the notice period, the Service Provider may block the Service Recipient’s access to the Pro Service if necessary to prevent further violations by the Service Recipient.
- In the event of termination of the Pro Service Provision Agreement by the Service Provider for a Service Recipient who is an Entrepreneur with Consumer Rights, the Service Provider shall refund a portion of the payment proportional to the amount of unused time of the Pro Service. The refund shall be made within 14 (fourteen) days from the date of termination of the Pro Service Provision Agreement by the Service Provider.
- The provisions of the Terms and Conditions apply to the Pro Service Provision Agreement unless otherwise specified in the Agreement.
§ 7.
Right to Withdraw from the Service Provision Agreement
- The provisions of this paragraph apply exclusively to Service Recipients who are Entrepreneurs with Consumer Rights.
- Based on Article 27 and subsequent articles of the Consumer Rights Act, the Service Recipient has the right to withdraw from the Service Provision Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
- The Service Recipient exercises the right to withdraw from the Service Provision Agreement by submitting a statement of withdrawal to the Service Provider (hereinafter: the “Statement”). To meet the deadline for withdrawal from the Agreement, it is sufficient to send the Statement before the expiration of the 14-day period mentioned in section 2 above.
- The Statement may be submitted by the Service Recipient in any form, particularly using the form attached as Annex 2 to the Consumer Rights Act.
- The Service Provider shall promptly confirm receipt of the Statement to the Service Recipient via email.
- The Service Provider informs, and the Service Recipient acknowledges, that the right to withdraw does not apply to the Pro Service Provision Agreement that has been fully performed by the Service Provider (based on Article 38, section 1, point 1 of the Consumer Rights Act).
- In the event that the Service Recipient exercises the right to withdraw from the Pro Service Provision Agreement that has not been fully performed, the Service Provider is entitled to compensation for the services provided to the Service Recipient up to the point of withdrawal. The amount of compensation due to the Service Provider is calculated proportionally to the period of use of the Pro Service by the Service Recipient, taking into account the compensation specified in the Pro Service Provision Agreement.
- In the event that the Service Recipient exercises the right to withdraw from the Pro Service Provision Agreement that has not been fully performed, the Service Provider shall refund the payment made by the Service Recipient, reduced by the compensation calculated in accordance with section 7 above, within 14 (fourteen) days from the date of receipt of the Statement.
§ 8.
Complaints Regarding Services (Entrepreneurs with Consumer Rights)
- The provisions of this paragraph apply exclusively to Service Recipients who are Entrepreneurs with Consumer Rights.
- The Service provided to the Service Recipient by the Service Provider must comply with the Agreement throughout the entire period of service delivery.
- The Service Provider is liable for any non-compliance revealed during the period of service delivery.
- In the event of discovering Non-compliance, the Service Recipient may submit a complaint requesting that the Service be brought into compliance with the Agreement.
- Complaints should be submitted via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions.
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The complaint should include:
- The Service Recipient’s name;
- Email address;
- Description of the revealed Non-compliance;
- Request to bring the Service into compliance with the Agreement.
- The Service Provider may refuse to bring the Service into compliance with the Agreement if it is impossible or would incur excessive costs for the Service Provider.
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After reviewing the complaint, the Service Provider shall respond to the Service Recipient, stating:
- Acceptance of the complaint and the planned timeline to bring the Service into compliance with the Agreement;
- Refusal to bring the Service into compliance with the Agreement for reasons specified in section 7 above;
- Rejection of the complaint due to its lack of merit.
- The Service Provider shall respond to the complaint via email within 14 (fourteen) days from the date of receipt.
- If the complaint is accepted, the Service Provider shall bring the Service into compliance with the Agreement at their own expense within a reasonable time from the receipt of the complaint and without undue inconvenience to the Service Recipient, considering the nature of the Service and the purpose for which it is used. The planned timeline to bring the Service into compliance with the Agreement will be stated in the complaint response.
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Subject to section 12 below, in the event of Non-compliance, the Service Recipient may submit a statement to the Service Provider requesting a reduction in payment or withdrawal from the Agreement if:
- Bringing the Service into compliance with the Agreement is impossible or would incur excessive costs;
- The Service Provider has not brought the Service into compliance with the Agreement as stated in section 10 above;
- Non-compliance persists despite the Service Provider’s attempts to bring the Service into compliance with the Agreement;
- Non-compliance is so significant that it justifies withdrawal from the Service Provision Agreement without first requesting the Service Provider to bring the Service into compliance with the Agreement;
- The Service Provider’s statement or circumstances clearly indicate that the Service Provider will not bring the Service into compliance with the Agreement within a reasonable time or without undue inconvenience to the Service Recipient.
- The Service Recipient may not submit a statement requesting a reduction in payment if the complaint concerns the Basic Service.
- Statements requesting a reduction in payment or withdrawal from the Agreement may be submitted via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions.
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Statements requesting a reduction in payment or withdrawal from the Agreement should include:
- The Service Recipient’s name;
- Email address;
- Date the Service began being provided;
- Description of the revealed Non-compliance;
- Reason for submitting the statement, chosen from the reasons specified in section 11 above;
- Statement requesting a reduction in payment (including the reduced amount) or a statement of withdrawal from the Agreement.
- The Service Provider is not entitled to demand payment for the period during which the Service was non-compliant with the Agreement, even if the Service Recipient used the Service before withdrawing from the Agreement.
- The reduced payment must be proportional to the payment specified in the Agreement, in the same proportion as the value of the non-compliant Service is to the value of the compliant Service.
- The Service Provider shall promptly refund the amounts due to the Service Recipient as a result of exercising the right to reduce payment or withdraw from the Agreement, no later than 14 (fourteen) days from the date of receipt of the statement requesting a reduction in payment or withdrawal from the Agreement.
- The Service Recipient may not withdraw from the Agreement if the Non-compliance is insignificant.
- In the event of withdrawal from the Agreement by the Service Recipient, the Service Provider shall prevent the Service Recipient from accessing the Service immediately upon receipt of the withdrawal statement.
- Based on Article 34, section 1a of the Consumer Rights Act, in the event of withdrawal from the Agreement by the Service Recipient, the Service Recipient is obliged to cease using the Service.
§ 9.
Complaints Regarding Services (Entrepreneurs without Consumer Rights)
- The provisions of this paragraph apply to Service Recipients who are Entrepreneurs.
- The Service Recipient may submit a complaint if the Service Provider provides Services in a manner that is inconsistent with the Terms and Conditions or the Agreement.
- The Service Recipient submitting a complaint for the reasons specified in section 2 above should send an email to the address specified in § 1, section 5, point 1 of the Terms and Conditions, containing the following elements:
- Company/name and surname of the Service Recipient;
- Email address;
- Description of the observed irregularities;
- Complaint request.
- The period for considering the complaint and responding to it is 14 (fourteen) days from the date of receipt by the Service Provider in the correct and complete form. Failure to respond within this period shall mean that the complaint is accepted.
- The Service Provider shall respond to the complaint via email.
- The response to the complaint is final.
§ 10.
Intellectual property of the service provider
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All components of the Application, in particular:
- The name of the Application;
- The logo of the Application;
- Photos and descriptions;
- The principles of operation of the Application, all its graphic elements, interface, software, source code, and databases
- are subject to legal protection under the provisions of the Act of February 4, 1994, on Copyright and Related Rights, the Act of June 30, 2000, on Industrial Property Law, the Act of April 16, 1993, on Combating Unfair Competition, and other generally applicable laws, including European Union law.
- Any use of the Service Provider’s intellectual property without prior explicit permission is prohibited.
§ 11.
Liability
- The Service Provider provides Services with due diligence.
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To the extent permitted by law, the Service Provider is not liable to the Service Recipients for the consequences of:
- The Service Recipient’s use of the services available within the Service in a manner inconsistent with their intended purpose, good practices, the rights of third parties, or legal regulations;
- The Service Recipient entering data or content that violates good practices, legal regulations, the rights of third parties, or the principles of managing Google business listings (company profiles);
- The Service Recipient processing personal data contained in the content published in the Service Recipient’s Google business listings;
- The content of messages drafted and sent by the Service Recipient using the functionalities of the Service;
- The Service Recipient providing incorrect or false data;
- The use of data authorizing access to the Account by third parties, if these parties obtained the data as a result of its disclosure by the Service Recipient or due to the Service Recipient’s insufficient protection of the data against access by such parties.
- To the extent permitted by law, the Service Provider is not liable for disruptions in the functioning of the Service resulting from:
- Permanent or temporary inability to provide Services due to reasons beyond the Service Provider’s control, including the occurrence of force majeure or actions of third parties against the Service Provider;
- Reasons attributable to the Service Recipient;
- The consequences of improper use of the provided Services, particularly in a manner contrary to the Terms and Conditions, the Agreement, or the principles of social coexistence;
- Interruptions in the availability of Services caused by technical breaks resulting from maintenance work conducted by the Service Provider.
- The Service Provider’s liability to the Service Recipient who is not an Entrepreneur with Consumer Rights is limited (to the extent permitted by law) to an amount not exceeding the total remuneration paid by the Service Recipient for the Pro Service during the last billing period.
§ 12.
Processing of personal data
Information about the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://mapstic.com/en/privacy-policy/.
§ 13.
Service modification
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The Service Provider may modify the Service in the following cases:
- The need to adapt the Service to new devices or software used by Service Recipients to access the Service;
- The decision by the Service Provider to improve the Service by adding new functionalities or modifying existing ones;
- A legal obligation to make changes, including the need to adapt the Service to current legal requirements.
- Changes to the Service must not incur any costs for Service Recipients who are Entrepreneurs with Consumer Rights.
- The Service Provider informs Service Recipients about changes to the Service by posting a notice on the Account. Additionally, information about the change may be sent to Service Recipients via email.
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If a change to the Service significantly and negatively affects access to the Service for a Service Recipient who is an Entrepreneur with Consumer Rights, the Service Provider is obliged to inform the Service Recipient about:
- The nature and date of the change, and
- The Service Recipient’s right to terminate the Service Provision Agreement with immediate effect within 30 (thirty) days of the change.
- The information referred to in section 4 above shall be sent to Service Recipients via email no later than 7 (seven) days before the change is made.
- Termination of the Service Provision Agreement by the Service Recipient under section 4, point 2 above shall be done by submitting a statement of termination to the Service Provider. The statement may be sent via email to the address specified in § 1, section 5, point 1 of the Terms and Conditions.
- If the termination concerns the Basic Service Provision Agreement, the Service Provider shall delete the Service Recipient’s Account.
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If the termination concerns the Pro Service Provision Agreement, the Service Provider shall:
- Permanently delete the Service Recipient’s Account if the Pro Service was provided to a Service Recipient who had not previously used the Basic Service;
- Suspend the provision of the Pro Service and block access to its functionalities if the Pro Service was an extension of the Basic Service.
In addition, the Service Provider shall refund the Service Recipient a portion of the remuneration proportional to the amount of unused time of the Pro Service. The refund shall be made within 14 (fourteen) days from the date of receipt of the statement referred to in section 6 above.
§ 14.
Amendment of the terms of service
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The Service Provider may amend the Terms of Service in the following cases:
- A change in the subject of the Service Provider’s business activity;
- The introduction of new services by the Service Provider, modifications to existing services, or the discontinuation of their provision;
- Technical modifications to the Service requiring adjustments to the provisions of the Terms of Service;
- A legal obligation to make changes, including the need to adapt the Terms of Service to current legal requirements.
- Service Recipients will be informed about changes to the Terms of Service by publishing the amended version on the Service’s website. Additionally, the updated Terms of Service will be emailed to Service Recipients.
- A Service Recipient who does not agree with the changes to the Terms of Service may terminate the Service Provision Agreement immediately within 7 (seven) days of receiving notification of the changes. Failure to terminate within this period will be considered as acceptance of the revised Terms of Service.
- Termination of the Service Provision Agreement must be initiated by submitting a termination statement to the Service Provider. This statement can be sent via email to the address specified in § 1, section 5, point 1 of the Terms of Service.
- If the termination concerns the Basic Service Provision Agreement, the Service Provider will delete the Service Recipient’s account.
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If the termination concerns the Pro Service Provision Agreement, the Service Provider shall:
- Permanently delete the Service Recipient’s account if the Pro Service was provided to a Service Recipient who had not previously used the Basic Service;
- Suspend the provision of the Pro Service and block access to its functionalities if the Pro Service was an extension of the Basic Service.
Additionally, the Service Provider shall refund the Service Recipient a portion of the remuneration proportional to the amount of unused time of the Pro Service. The refund shall be made within 14 (fourteen) days from the date of receipt of the statement referred to in section 4 above.
§ 15.
Final provisions
- The current version of the Service came into effect on June 13, 2024.
- The Terms of Service are governed by Polish law. Any disputes arising from the Terms of Service will be settled through amicable negotiations. In case no agreement is reached, they will be resolved by the competent common court at the Service Provider’s registered office. This provision excludes Service Recipients who are Entrepreneurs with Consumer Rights.
- In matters not covered by the Terms of Service, the provisions of generally applicable Polish law shall apply.