Note: This is a translation of the original Terms of Service in Polish. In case of any discrepancies between the English version and the Polish version, the Polish version shall prevail. The original version of the Terms of Service is available here.

§ 1

GENERAL PROVISIONS

1. The Service operates in accordance with the rules set forth in these Terms of Service.
2. These Terms of Service define the types and scope of services provided electronically to Service Users, including SaaS services, by the Service, the principles of providing these services, the conditions for concluding and terminating contracts for the provision of electronic services, the conditions for concluding and terminating Agreements for providing the Service, as well as the complaint procedure.
3. Each Service User, upon taking any actions aimed at using the Electronic Services of the Website, is obligated to comply with the provisions of these Terms of Service.
4. A condition for placing an Order by the Client is to become familiar with and accept the Terms of Service at the time of placing the Order.
5. The Service and the Application available through it allow Clients to use the Digital Service, which facilitates the handling of returns and complaints in the Client’s online store.
6. In matters not regulated by these Terms of Service, the following laws shall apply:
   • The Civil Code,
   • The Consumer Rights Act of May 30, 2014,
   • The Act on Electronic Services of July 18, 2002,
   • The Act of February 4, 1994 on Copyright and Related Rights,
   • and other applicable provisions of Polish law.

§ 2

DEFINITIONS

1. TERMS OF SERVICE – these Terms and Conditions of the Service.
2. SERVICE – the online service of the Service Provider operating at www.retjet.com, which serves as an organized online platform allowing Users to use the Application in the SaaS model.
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Website.
4. REGISTRATION FORM – a form available on the Service’s website allowing the creation of an Account. The Registration Form allows the Service Provider to create an Account corresponding to a specific Service User.
5. ACCOUNT (PROFILE) – identified by a unique name (login) and confidential password of the Service User, a set of resources in the Service Provider’s ICT system, where the Service User’s data is collected. Creating an Account in the Service requires reading and accepting the Terms of Service.
6. ORDER FORM – a form available on the Service’s website that enables placing an Order.
7. SERVICE PROVIDER, OPERATOR – RetJet SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the DISTRICT COURT IN BIELSKO-BIAŁA, 8TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, KRS number: 0001129805, headquarters and delivery address: ul. 1 Maja 22, 43-340 Bielsko-Biała, NIP: 5472248276, REGON: 529760483, email: [email protected].
8. SERVICE USER, USER – a natural person, legal entity, or an organizational unit without legal personality, but to which the law grants legal capacity, using the Electronic Services of the Website.
9. CLIENT – a Service User who intends to conclude or has concluded an Agreement for the provision of a Digital Service with the Service Provider.
10. ENTREPRENEUR – a natural person, legal entity, or an organizational unit without legal personality, to which the law grants legal capacity, conducting business or professional activities in their own name.
11. CONSUMER – a natural person who undertakes a legal action with an entrepreneur that is not directly related to their business or professional activity.
12. DIGITAL SERVICE – a service that allows the Service User to create, process, store, or access data in digital form, share data in digital form, which has been sent or created by the Service User or other users of the service, as well as other forms of interaction using data in digital form.
13. APPLICATION – the web application provided by the Operator at app.retjet.com that allows managing complaints and returns, available in the SaaS model via the Website.
14. SAAS – (“Software as a Service”) a service that involves remote software availability via the Internet, allowing interaction with the platform through a web browser interface.
15. LICENSE – a paid Electronic Service and simultaneously a Digital Service, which is the subject of an Agreement between the Service Provider and the User, upon purchasing which the Client gains access to the Application in the selected Package for a specified Subscription Period.
16. CONTACT FORM – a form available on the www.retjet.com website allowing Users to send messages to the Service Provider.
17. NEWSLETTER – an Electronic Service allowing the Service User to subscribe and receive free information from the Service Provider regarding services available on the Website, sent to the email address provided by the Service User.
18. ORDER – a Client’s declaration of intent constituting an offer to purchase a License in the selected Package and for the chosen Subscription Period.
19. AGREEMENT – an agreement for the provision of a Digital Service concluded between the Client and the Service Provider via the Website or the Application.
20. PACKAGE – the variant of the License chosen by the Client when placing an Order.
21. SUBSCRIPTION PERIOD – the time for which the License was purchased by the Client, counted in months. The beginning of a new Subscription Period is considered the day corresponding to the end date of the previous Subscription Period, or if such a day does not exist in a given calendar month, the last day of that month.
22. DIGITAL ENVIRONMENT – computer hardware, software, and network connections used by the Service User to access or use the Digital Service.
23. COMPATIBILITY – the interaction of the Digital Service with computer hardware or software typically used to access Digital Services of the same type without the need for transformation.
24. FUNCTIONALITY – the capability of the Digital Service to perform its intended functions.
25. INTEGRATION – the connection of the Digital Service with elements of the Service User’s Digital Environment and incorporating it into these elements to ensure compliance with the Digital Service Agreement.
26. INTEROPERABILITY – the ability of the Digital Service to interact with computer hardware or software other than those typically used to access Digital Services of the same type.
27. PRICE LIST – information in the Application indicating the prices of individual License Packages.

§ 3

TYPE AND SCOPE OF ELECTRONIC SERVICES

1. The Service Provider allows the use of the following via the Service:
   1. Contact Form,
   2. Account,
   3. Order Form,
   4. Newsletter,
   5. License.
2. The provision of Electronic Services to the Service Users within the Service is carried out under the conditions specified in the Terms of Service.
3. The period for which the contract is concluded:
   1. The contract for the provision of the Electronic Service enabling the sending of a message to the Service Provider via the Contact Form is concluded for a specified period and terminates when the message is sent or the Service User stops sending it.
   2. The contract for the provision of the Electronic Service of maintaining an Account in the Service is concluded for an indefinite period.
   3. The contract for the provision of the Electronic Service that allows placing an Order through the Service is concluded for a specified period and terminates when the Order is placed or the Service User ceases placing it.
   4. The contract for the provision of the Electronic Service allowing the use of the Newsletter is concluded for an indefinite period.
   5. The contract for the provision of the Electronic Service allowing the use of the License in the selected Package is concluded for the duration of the Subscription Period chosen by the User.
4. The Service Provider has the right to place advertising content on the Website. Such content forms an integral part of the Service and the materials presented therein.
5. The provision of the Electronic Services defined in § 3 points 1.1 to 1.4 by the Service Provider is free of charge.
6. The provision of the Electronic Service defined in § 3 point 1.5 by the Service Provider is subject to payment according to the rules specified in § 4 point 3 of the Terms of Service.

§ 4

LICENSE PURCHASE

1. Information on Licenses and Ordering
   1. The information provided on the Service’s website does not constitute an offer within the meaning of applicable law. By placing an Order, the Client makes an offer to purchase the License under the terms specified in its description.
   2. The License price displayed in the Application is provided in Polish zlotys (PLN) and includes tax (gross price).
   3. The License price displayed in the Application is binding at the moment the Client places the Order.
   4. The Service Provider clearly informs Clients about unit prices as well as promotions and discounts. Next to the information about a discount, the Service Provider displays the lowest License price that was applicable during the 30 days prior to the introduction of the discount, or if the License was offered for a period shorter than 30 days, the lowest price applicable from the start of offering the License until the discount was introduced.
   5. To place an Order, the Client is required to:
      1. Create and log in to an Account,
      2. Select one of the License Packages and fill in the Order Form (the Service User can place Orders using the Order Form—24 hours a day, all year round except for downtime caused by Service Provider’s server updates or other actions performed by the Service Provider to improve its functionality),
      3. Fill out the form with invoice details,
      4. Choose one of the available payment methods mentioned in point 3 of this paragraph,
      5. Accept the Terms of Service and the Service’s privacy policy,
      6. Click the “buy and pay” button.
2. Conclusion of the License Agreement
   1. To conclude the License Agreement, it is necessary to first place an Order in accordance with point 1.5 of this paragraph.
   2. After placing an Order, the Service Provider promptly confirms its receipt by sending an email to the email address provided by the Client.
   3. The confirmation of the Order receipt, mentioned in point 2.2 of this paragraph, binds the Client to their Order and includes confirmation of all essential elements of the Order.
   4. Upon receiving the email mentioned in point 2.3 of this paragraph, the License Agreement is concluded between the Client and the Service Provider.
   5. The License is activated (for the Subscription Period chosen by the Client) automatically upon the payment being credited to the Service Provider’s bank account or, respectively, upon the successful authorization of electronic payment.
   6. The Service Provider provides the Client with the latest available version of the License.
   7. Each License purchase will be confirmed with proof of purchase (VAT invoice), which will be sent to the Client’s email address provided in the Order Form after payment is made.
3. Payment Methods
   1. The Service Provider offers payments through an electronic payment system, which is processed through the external payment intermediary’s website, Stripe.
   2. For payment via the electronic payment system, the Client must make payment before the Order is processed. The electronic payment system enables payment via credit card or instant bank transfer from selected Polish and international banks.
   3. Upon payment for the License, the Operator grants the User a paid, non-exclusive license to use the Application solely for purposes in accordance with generally applicable regulations and its intended use.
   4. The license is granted for the Subscription Period for which the User has paid, and it is extended upon payment for the next Subscription Period. The license expires upon the deactivation of the License.
4. Complaint for Non-Conformity of License with the Agreement
   1. The basis and scope of the Service Provider’s liability to the Client being a Consumer or an entity referred to in § 11 of the Terms of Service due to non-conformity of the License with the Agreement are specified in the Consumer Rights Act of May 30, 2014.
   2. The basis and scope of the Service Provider’s liability to the Client being an Entrepreneur are specified in the Civil Code of April 23, 1964.
   3. The Service Provider is liable to the Client being a Consumer or an entity referred to in § 11 of the Terms of Service for the lack of conformity of the License with the Agreement throughout the duration of the Agreement.
   4. The Client is required to cooperate with the Service Provider to determine whether the lack of conformity of the License with the Agreement results from the characteristics of the Client’s Digital Environment.
   5. Notifications about the lack of conformity of the License with the Agreement, as well as submitting an appropriate request, can be made via email to: [email protected].
   6. The electronic message mentioned above should contain as much information and circumstances regarding the subject of the complaint as possible, including the type and date of the irregularity, as well as contact details. Providing such information will greatly facilitate and expedite the consideration of the complaint by the Service Provider.
   7. The Service Provider will respond to the Client’s request promptly, no later than 14 days after its receipt.
   8. In the case of a complaint from a Client who is a Consumer or an entity referred to in § 11 of the Terms of Service, not responding to the complaint within 14 days from its submission is equivalent to accepting the complaint.
   9. The Client may, in the first instance, request that the License be brought into conformity with the Agreement. The Client may request a price reduction or withdraw from the Agreement only in the cases specified in the Consumer Rights Act of May 30, 2014.
   10. In connection with a justified complaint from a Client being a Consumer or an entity referred to in § 11 of the Terms of Service, the Service Provider will:
       1. Bring the License into conformity with the Agreement at its own cost,
       2. Reduce the price of the License (the reduced price must be proportionate to the price of the License in conformity with the Agreement compared to the non-conforming License and, if the License is provided continuously, consider the period during which it was non-conforming) and refund the Consumer or entity referred to in § 11 the value of the reduced price within 14 days from receipt of the entitled statement on the price reduction,
       3. In the event of withdrawal from the Agreement by the Consumer or entity referred to in § 11, refund the price of the License no later than 14 days from receipt of the withdrawal statement. Upon withdrawal from the Agreement, the Consumer or entity referred to in § 11 is required to immediately stop using the License.
   11. The response to the complaint is provided on paper or another durable medium such as email or SMS.
   12. The Service Provider is not entitled to request payment for the time during which the License was non-conforming with the Agreement, even if the Client had actually used it before withdrawing from the Agreement.
5. Withdrawal from the Agreement
   1. Subject to point 5.4, the Service User who is also a Consumer or an entity referred to in § 11 of the Terms of Service, who has entered into a remote agreement, may withdraw from it without giving any reason by submitting an appropriate statement within 14 days.
   2. Upon withdrawal from the Agreement, the Agreement is considered not concluded.
   3. The fourteen-day period in which the Consumer or entity referred to in § 11 of the Terms of Service can withdraw from the Agreement is counted from the date of concluding the Agreement.
   4. The right to withdraw from a remote Agreement does not apply to the Consumer or entity referred to in § 11 in the case of:
      1. Service provision for which the entity is required to pay a price, where the Service Provider fully performed the service with the explicit and prior consent of the Consumer-like entrepreneur, who was informed before the commencement of the service that upon fulfillment by the Service Provider, they lose the right to withdraw from the Agreement and acknowledged this.
      2. Agreements for the supply of digital content not recorded on a tangible medium, if the performance began with the explicit consent of the Consumer-like entrepreneur before the withdrawal deadline and after being informed by the Service Provider of the loss of the right to withdraw from the Agreement.
   5. Upon withdrawal from the Agreement by the Consumer or entrepreneur under the rights of the Consumer as per this paragraph, the Service Provider cannot use content other than personal data provided or created by the Service User during the use of the License, except for the content that:
      1. Is useful only in relation to the License that was the subject of the Agreement,
      2. Concerns only the activity of the Service User while using the License, which was the subject of the Agreement,
      3. Was combined by the Service Provider with other data and cannot be separated without excessive difficulty,
      4. Was created by the Service User jointly with other Service Users who still have access to it.
   6. Except for the cases mentioned in point 5.5 of this paragraph, the Service Provider, at the request of the Consumer or entrepreneur under Consumer rights, will make available to them content other than personal data provided or created by the Service User during the use of the License—free of charge, within a reasonable time, and in a commonly used machine-readable format.
   7. In case of withdrawal from the Agreement, the Service Provider may prevent the Service User from further use of the License, particularly by blocking the Account.
   8. The Service Provider has the right to withdraw from the Agreement concluded with the Client being an Entrepreneur within 14 business days from the date of its conclusion. Withdrawal from the Agreement in this case may occur without giving a reason and does not entitle the Client being an Entrepreneur to any claims against the Service Provider.
6. License Renewal
   1. The License is subject to automatic renewal for the next Subscription Period.
   2. The Service Provider reserves the right to send electronic messages to the address provided when creating the Account, reminding about payment deadlines and other emails related to the functioning of the Application and the Service.
   3. To cancel the License for the next Subscription Period, the Service User must do so through the payment service or by email to: [email protected].
   4. Canceling the subscription means that payment for the next Subscription Period will not be charged, and the Service User will lose the License.
   5. Failure to pay for the License will result in its deactivation.

§ 5

TERMS OF USE FOR THE APPLICATION

1. Conditions of Use for the Application:
   1. After purchasing a License, the Client gains access to the Application under the conditions of the Package selected by the Client.
   2. The Client is not permitted to provide access to the Application to third parties, especially for a fee.
   3. The Service Provider may require the Client to use an identifier with an assigned password to access the Application. It is presumed that instructions and statements made by persons using identifiers assigned to the Client have been made by the Client.
   4. The Service Provider reserves the right to refuse to carry out instructions related to the handling of the Application if there is suspicion that they were issued by an unauthorized person. In such a case, the Service Provider may request confirmation of the instructions from the Client in writing or via email.
   5. In case of losing control over the tools enabling management of the Application, particularly in case of unauthorized disclosure of the access password to the panel, the Client is obligated to immediately report this fact to the Service Provider, who is entitled to take action to regain control over the service.
   6. The Client commits to taking all necessary actions to secure the data and software on their terminal device (through which they use the Application) against unauthorized interference by third parties (including, but not limited to, using appropriate passwords, installing and keeping updated suitable security software, and using an email server with software secured against unauthorized use by unauthorized persons).
   7. The Service Provider is not responsible for securing terminal devices against third-party interference.
   8. In cases justified by a substantial need, the Service Provider reserves the right to introduce procedures aimed at raising the level of security used by Clients, especially by implementing requirements for periodic password changes or changing passwords to stronger ones.
   9. To properly use the Application, the Client is obliged to provide, at their own cost, access to appropriate devices, the Internet, and electrical power.
   10. The Client is required to independently make and maintain a backup copy of the data processed within the Service Provider’s IT systems, regardless of whether the Service Provider also makes such copies.
   11. The Client commits not to use software that may interfere with the operation of the Application.
   12. The Service User is obliged to use the Application in a lawful and ethical manner, respecting the personal rights and intellectual property rights of third parties.
   13. The Service User is obliged to provide data that is true and accurate.
   14. The Service User is prohibited from providing content of an unlawful nature.
   15. The Client is not entitled to:
       1. Perform, on their own or with the participation of third parties, reverse engineering, disassembly, or decompilation of the Application,
       2. Claim any rights to the Application’s source code and the data stored within it, except as provided in these Terms of Service.
2. Technical Requirements and Application Updates:
   1. The technical requirements necessary to cooperate with the Application:
      1. A computer (or mobile device) with Internet access,
      2. Access to email,
      3. Ability to meet the minimum technical requirements for handling HTML files, including support for commonly used web browsers, particularly: Google Chrome, Mozilla Firefox, Edge, Safari, Opera, where the browser should always be updated to the latest version,
      4. Enabling Cookies and JavaScript in the web browser.
   2. To avoid or minimize the risk of damage due to unauthorized interference in the IT system, data theft, or infection with malicious software, the Client should install and use up-to-date antivirus software, including a firewall.
   3. If the Application is subject to updates, the Service Provider informs the Client about updates and the consequences of failing to install them throughout the License period.
   4. The Client is obliged to install updates provided by the Service Provider within a reasonable time. Failing to install updates in accordance with the instructions provided by the Operator and after being informed of the consequences of not installing the updates excludes the Service Provider’s liability for non-compliance of the Application with the agreement.
   5. In the case of updates/servicing/development of the Application, the Service Provider informs the Client in advance. Changes may be visible to the Client and may relate to visual or functional aspects of the Application. Updates/servicing/development of the Application are intended to improve service quality and will not result in degradation of service performance or loss of the Client’s data.
   6. The Service Provider is entitled to make changes to the Application to improve it and enhance its functionality. Such changes do not result in any costs for the Client.
   7. The Service Provider informs the Client about the changes mentioned in point 2.6 in a clear and understandable manner. If the change affects the Client’s access to and use of the Application, the Service Provider informs the Client in advance and sends information on a durable medium about:
      1. The date of the change,
      2. The characteristics of the change,
      3. The right to terminate the agreement without notice within 30 days from the date of the change or the date of notification if the notification was made later than the change.
   8. The Service Provider is exempt from the obligation mentioned in point 2.7 of this paragraph if they have provided the Client with the right to keep the Application (at no additional cost) in an unchanged state consistent with the agreement.

§ 6

TERMS OF AMENDING AND TERMINATING ELECTRONIC SERVICE AGREEMENTS

1. Change in the Scope of Services Provided by the Service Provider:
   1. The parties may mutually agree to expand the scope of the service provided before the end of the Subscription Period.
   2. The change mentioned in point 1.1 will take effect at the beginning of the next Subscription Period unless the parties agree to a shorter implementation period.
   3. The scope of changes is determined by the Operator and the Client via email.
   4. In the case of changes in the scope of Services during the Subscription Period that result in a change in fees, the Service Provider’s remuneration for the given Subscription Period will be calculated proportionally to the use of those services.
2. Termination of the Electronic Service Agreement:
   1. Agreements for continuous and indefinite electronic services (Account maintenance, Newsletter) may be terminated.
   2. The Service User may terminate the agreement without providing reasons by sending an appropriate statement via email to: [email protected]. In such a case, the agreement expires after 3 days from the date of submission of the termination statement (notice period).
   3. The Service Provider may terminate the agreement for the provision of continuous and indefinite electronic services if the Service User breaches the Terms of Service, particularly if they provide content of an unlawful nature after a previous unsuccessful request to cease such breaches within a specified period. In such a case, the agreement expires 1 day after the date of submission of the termination statement (notice period).
   4. Termination leads to the end of the legal relationship with future effect.
3. The Service Provider and the Service User may terminate the Electronic Service Agreement at any time by mutual agreement.

§ 7

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES BY THE SERVICE PROVIDER

1. Complaints related to the provision of Electronic Services via the Website and Application may be submitted by the Service User via email to: [email protected].
2. The above email message should include as much information and details as possible about the subject of the complaint, in particular, the type and date of occurrence of the irregularity and contact information. Providing such information will greatly facilitate and expedite the consideration of the complaint by the Service Provider.
3. The Service Provider shall consider the complaint promptly, no later than 14 days from the date of receipt.
4. The response to the complaint will be sent by the Service Provider to the Service User’s email address provided in the complaint or in another way indicated by the Service User.
5. Reporting Violations and Technical Problems:
   1. Any Service User may report to the Service Provider a suspicion that the information or content available within the Application violates these Terms of Service or generally applicable regulations. The Client may also report technical problems in connection with the provision of the service.
   2. Reports may be submitted by sending an email to the Service Provider at: [email protected].
   3. The Service Provider will verify the received report within 7 business days and, if it is determined that the content violates the provisions of the Terms of Service, it will be removed from the Application. In case of doubts regarding the validity of the report, the Service Provider may contact the specific User to obtain additional explanations.

§ 8

INTELLECTUAL PROPERTY

1. All content that forms an integral part of the Website and Application is protected by copyright and (except for content provided by Users and elements used under license, copyright transfer, or permitted use) is owned by RetJet SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ registered in the Register of Entrepreneurs by the DISTRICT COURT IN BIELSKO-BIAŁA, 8TH COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, KRS number: 0001129805, headquarters and delivery address: ul. 1 Maja 22, 43-340 Bielsko-Biała, NIP: 5472248276, REGON: 529760483, email address: [email protected].
   The Service User bears full responsibility for any damage caused to the Service Provider resulting from the use of any content from the Website or Application without the Service Provider’s consent.
2. Any use of any element of the content and materials included in the Website and Application without the express written consent of the Service Provider constitutes a copyright infringement and results in civil and criminal liability.
3. By submitting files and other content via the Website and Application and posting them on their website, the Service User confirms their right to dispose of them and assumes responsibility for any infringement of proprietary or related copyrights and personal rights of third parties. In the event of any claims or demands made against the Website or Service Provider in this regard by any person, the Service User undertakes to release the Website or Service Provider from all liability for such violations and to fully satisfy the claims of third parties in this regard.

§ 9

LIABILITY

1. The Service Provider will make every effort to ensure that the data available on the Website is complete and up-to-date and presented with due diligence, taking into account the existing factual and legal circumstances, within the limits permitted by law.
2. The Service Provider fulfills all obligations required by the Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (the Digital Services Act) and designates a contact point as defined in the Digital Services Act (DSA) at its headquarters, as mentioned in § 2 of these Terms of Service.
3. It is prohibited to post unlawful content through the Website (via comments, reviews, etc.), as well as content that:
   1. Is unrelated to the topic of the Website,
   2. Unjustifiably harms the reputation of the Service Provider,
   3. Contains words generally considered obscene,
   4. Promotes activities that compete with the Service Provider.
4. In the case of publishing content as mentioned in point 3, the Service Provider has the ability to moderate such content (refuse publication, de-position content, delete content, restrict access to content, limit or disable monetization of content, suspend or close the user’s account, suspend or terminate services for the user).
5. In the case of automated moderation of content published by Service Users using an algorithm, Service Users retain the right to appeal the Service Provider’s decision. Appeals can be made via email at: [email protected]. When appealing, a brief description of the situation must be provided along with the reasons for the appeal. The Service Provider will review the appeal as stipulated by the Digital Services Act within 14 days.
6. A Service User who identifies a violation of the principles described in this paragraph may report unlawful content published on the Website via email to: [email protected].
7. The report mentioned in point 6 must contain the following elements:
   1. A sufficiently substantiated explanation of the reasons why the Service User claims that the relevant information constitutes illegal content,
   2. Clear indication by the Service User of the exact electronic location of the information, such as a precise URL or URLs and, where applicable, additional information to identify illegal content, depending on the type of content and the specific type of hosting service,
   3. The name or business name and email address of the reporting Service User, except for reports regarding information related to any of the offenses referred to in Articles 3-7 of Directive 2011/93/EU,
   4. A statement confirming the Service User’s good faith belief that the information and allegations contained in the report are accurate and complete.
8. The Service Provider shall confirm receipt of the report mentioned in point 6 of this paragraph and will inform about the positive or negative decision regarding its review without undue delay.
9. If the report referred to in point 6 is deemed justified, the Service Provider will, as far as possible, inform the Service User responsible for the violation of the fact of moderating the content published by them, along with the required justification.
10. If the Service Provider receives any information giving grounds for suspicion that a crime threatening life or the safety of a person or persons has been or may be committed, the Service Provider shall immediately notify law enforcement or judicial authorities with justification of its suspicions and provide the information it knows.
11. The Service Provider informs Service Users about significant changes to the Terms of Service.
12. Service Users bear full responsibility for breaking the law or causing damage by their actions on the Website, in particular by providing false information, disclosing classified information or other legally protected secrets, violating personal rights or copyrights, and processing the personal data of Service Users in violation of the purpose of the Website or the provisions of the Personal Data Protection Act.
13. The Service Provider undertakes, as far as possible, to inform Service Users in advance of possible disruptions to the functioning of the Website, particularly regarding interruptions in access.
14. The Service Provider shall take all measures to ensure the proper functioning of the Website from a formal and legal perspective.
15. The Service Provider will consider any changes to legal regulations and update the Website accordingly.
16. The Website system update will be performed by the Service Provider without additional costs for Service Users.
17. The Service Provider takes all measures to protect the data of Service Users.
18. The Service Provider is not liable to Service Users who are Entrepreneurs:
    1. For any damages and losses directly or indirectly (including damages for lost profits from running a business, business interruptions, or loss of business information, and other pecuniary damages), arising from the use, inability to use, or malfunction of the Website software, damage resulting from a shutdown or failure of the IT system, or failure of the power network,
    2. In connection with improper use of the Website by a Service User who is not a Consumer and improper functioning of computer equipment, software, or communication system used by the Service User to connect to the Website system,
    3. For potential damages resulting from errors, failures, and interruptions in the functioning of the Website or caused by incorrect recording or reading of data downloaded by Service Users,
    4. For disruptions in the proper functioning of the Website, as well as the loss of data of Service Users who are not Consumers resulting from force majeure or third-party actions,
    5. For actions of third parties involving unlawful or non-compliant use of data and materials posted on the Website,
    6. For the inability to log into the Website system, particularly due to connection quality, IT system failure, or power network failure, incorrect configuration of software by Service Users who are not Consumers,
    7. For consequences related to the loss of a password.

19. The Service User is responsible for providing an email address they do not have access to, in particular an incorrect address or an address belonging to another entity.
20. Service Users bear full responsibility for breaking the law or causing damage by their actions related to the use of the Application, particularly by providing false information, disclosing classified information or other legally protected secrets, violating personal rights or copyrights, and processing the personal data of Service Users in a manner inconsistent with the purpose of the Website or Application or in violation of the provisions of the Personal Data Protection Act.
21. In particular, it is prohibited to send Information that is:
    1. Misleading,
    2. Fictitious,
    3. Violates the rights of the Service Provider or third parties,
    4. Violates the Terms of Service,
    5. Violates applicable laws,
    6. Violates good morals or social norms,
    7. Discriminatory, vulgar, offensive, obscene,
    8. Includes personal data of third parties, except for the data of representatives and proxies of the Client, as well as personal data processed by the Client as a data controller in accordance with applicable laws, particularly GDPR,
    9. Links to the Information mentioned above.

22. The Service Provider is entitled at any time to take all actions to verify the identity and identification of the Client, within the meaning of the provisions of the Anti-Money Laundering Act, and the Client is obliged to provide the Service Provider with the necessary information, explanations, and documents in this regard. The Client acknowledges and accepts that if the required information is not provided, the Service Provider may withhold the provision of services, which does not constitute grounds for any claims by the Client against the Service Provider.

§ 10

SLA WARRANTY

1. The SLA level represents the Service Provider’s commitment to ensuring service continuity every month at a level of 98%, as stipulated in the Terms of Service, without failures.
2. A failure is defined as an irregularity in the provision of the service by the Service Provider that results in an interruption of the service or a significant reduction in its quality. A failure under this SLA warranty is considered to be the inability to use the primary function of the service, which includes displaying web pages, handling DNS, receiving and sending emails, and processing databases.
3. The removal of a failure should occur no later than within 2 business days of its occurrence. If it is not possible to remove the failure within 2 business days, the Service Provider will determine the timeline for its removal and communicate it to the Clients.
4. The SLA warranty covers the following scope:
   1. Providing an Internet connection to the server,
   2. Providing power to the server,
   3. Technical efficiency of the server at the hardware level,
   4. Technical efficiency of the server at the operating system level,
   5. Technical efficiency of the Service User’s Account in terms of the basic functioning of the service.
5. The SLA warranty does not cover the following events and consequences:
   1. Exhaustion of the available disk space on any partition, which usage depends on the Client,
   2. Problems with the operation of the site resulting from script errors on the site or its modification (including by viruses, hackers, etc.),
   3. Problems related to the use of the service to handle disproportionately high traffic,
   4. Sending SPAM, and the functioning of anti-spam and anti-virus software,
   5. Blocking the service for reasons specified in the Terms of Service,
   6. Maintenance windows – scheduled from 00:00 UTC+1 to 03:00 UTC+1. During maintenance windows, the Service Provider is allowed to perform work on servers, which may result in a short-term unavailability of the service,
   7. Operation of the Service User’s Account concerning settings unrelated to the main functions of the server,
   8. Acts of force majeure.
6. Force majeure is defined as an event beyond the control of the Service User or Service Provider, external, unpredictable, and unavoidable, including, but not limited to, wars, natural disasters, strikes, and actions issued by public authorities.
7. The SLA warranty does not cover service interruptions due to system maintenance or other planned activities, of which the Service Provider informs at least 24 hours in advance.

§ 11

PROVISIONS FOR ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur conducting sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided under the Consumer Rights Act, provided that the agreement concluded with the Service Provider is directly related to their business activity but does not have a professional character for them, especially given the subject of the entrepreneur’s business activity.
2. The person conducting business activity mentioned in point 1 of this paragraph is covered by protection concerning:
   1. Unfair contractual terms,
   2. Liability for the lack of conformity of the License with the agreement,
   3. The right to withdraw from a distance contract,
   4. Rules regarding the Agreement for the supply of digital content or Digital Service.
3. The entrepreneur referred to in point 1 of this paragraph loses their rights under consumer protection if the Agreement concluded with the Service Provider has a professional character, which is verified based on the entry of that entrepreneur in the Central Registration and Information on Business of the Republic of Poland, particularly based on the Polish Classification of Activities codes indicated therein.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional protection provided for Consumers by county consumer advocates or the President of the Office of Competition and Consumer Protection (UOKiK).

§ 12

FINAL PROVISIONS

1. Contracts concluded under these Terms of Service are governed by Polish law. They should be interpreted in accordance with this law, unless otherwise indicated by mandatory provisions of law, and any disputes related to the provision of the service shall be adjudicated by Polish common courts. The language of the Terms of Service is Polish, and the Contract is concluded in this language.
2. The Service Provider may change the Terms of Service at any time, and the changes will take effect 14 days after being published on the Website. For Contracts concluded before the change, the previous version of the Terms of Service applies, unless the changes involve the introduction of new services or discontinuation of services, price list modifications, changes to the Ordering procedure, changes in the Service Provider’s data, or adjustments to comply with applicable legal provisions. The Service Provider informs Clients of changes by publishing information on the Website, and for Clients who have concluded Contracts, by sending a link to the changes to the Client’s email address. A Client who disagrees with the changes to the Terms of Service may terminate the Contract. In this case, the Client must observe a one-month notice period. If the termination statement is made during the notice period, the Client remains subject to the previous version of the Terms of Service unless the termination was submitted after the new Terms came into effect.
3. In case of any inconsistency between any part of the Terms of Service and applicable law, the relevant provisions of Polish law shall apply in place of the contested provision.
4. Any disputes arising from Contracts between the Website and the Service Users shall first be resolved through negotiations, with the intention of an amicable resolution, considering the Act on out-of-court consumer dispute resolution. However, if this is not possible or satisfactory for either party, disputes will be settled by the appropriate common court, as stipulated in point 5 of this paragraph.
5. Court Settlement of Disputes:
   1. Any disputes arising between the Service Provider and a Service User (Client) who is also a Consumer or an entity referred to in § 11 of the Terms of Service shall be submitted to the courts competent in accordance with the provisions of the Code of Civil Procedure of November 17, 1964.
   2. Any disputes arising between the Service Provider and a Service User (Client) who is also an Entrepreneur shall be submitted to the court competent for the Service Provider’s registered office.
6. With the Service Provider’s consent, the Client may transfer the rights and obligations arising from the Contract to a third party that meets the requirements specified in the Terms of Service.
7. The Service Provider may condition the granting of consent to the transfer of rights and obligations arising from the Contract on the Client fulfilling all their obligations to the Service Provider.
8. The Service Provider may charge a fee for the transfer of rights and obligations arising from the Contract if its amount has been specified in the Price List or agreed individually between the parties.