Terms of Service

This is an informational translation. The legally binding version of this document is the Polish original, available at www.retjet.pl/regulamin. In case of any discrepancy between the language versions, the Polish version prevails.

§ 1. General provisions

1. The Website operates on the terms set out in these Terms of Service.

2. The Terms of Service specify the types and scope of services provided electronically to Service Recipients, including in the SaaS service, by the Website, the rules for providing these services, the conditions for concluding and terminating agreements for the provision of services by electronic means, the conditions for concluding and terminating Agreements for the provision of the Service, as well as the complaint procedure.

3. Every Service Recipient, from the moment of undertaking actions aimed at using the Electronic Services of the Website, is obliged to comply with the provisions of these Terms of Service.

4. A condition for placing an Order by the Client is familiarization with the Terms of Service and acceptance of its provisions at the time of placing the Order.

5. The Website and the Application available through it enable Clients to use the Digital Service, which allows for handling returns and complaints in the Client’s online store.

6. In matters not regulated in these Terms of Service, the following provisions apply:

   1. the Civil Code (kodeks cywilny),

   2. the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta),

   3. the Polish Act on the Provision of Electronic Services of 18 July 2002 (ustawa o świadczeniu usług drogą elektroniczną),

   4. the Polish Act of 4 February 1994 on Copyright and Related Rights (ustawa o prawie autorskim i prawach pokrewnych)

   5. and other applicable provisions of Polish law.

7. To the extent that the Service Provider processes the personal data of the Client’s customers in connection with the use of the Application, it acts as a processor (Processor) within the meaning of Art. 28 GDPR (RODO). The rules for entrusting the processing of personal data are set out in the “Data Processing Agreement (DPA)”, available as Appendix No. 1 to the Terms of Service. The DPA constitutes an integral part of these Terms of Service and is accepted together with its acceptance.

§ 2. Definitions

1. TERMS OF SERVICE - these Terms of Service of the Website.

2. WEBSITE - the Service Provider’s website operating at www.retjet.com, constituting an organized online platform enabling Users to use the Application in the SaaS model.

3. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Website.

4. REGISTRATION FORM - a form available on the website of the Website enabling the creation of an Account. The Registration Form enables the Service Provider to create an Account corresponding to a specific Service Recipient.

5. ACCOUNT (PROFILE) - a collection of resources in the Service Provider’s IT system, marked with an individual name (login) and a confidential password of the Service Recipient, in which the Service Recipient’s data is collected. A necessary condition for setting up an Account on the Website is familiarization with and acceptance of the Terms of Service.

6. ORDER FORM - a form available on the website of the Website enabling an Order to be placed.

7. SERVICE PROVIDER, OPERATOR - RetJet SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the Register of Entrepreneurs by the SĄD REJONOWY W BIELSKU – BIAŁEJ, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, KRS (National Court Register) number: 0001129805, registered office and address for service: ul. 1 Maja 22, 43-300 Bielsko-Biała, NIP (Tax Identification Number): 5472248276, REGON (National Business Registry Number): 529760483, e-mail address: [email protected].

8. SERVICE RECIPIENT, USER - a natural person, legal person, or organizational unit without legal personality to which the law grants legal capacity, using the Electronic Services of the Website.

9. CLIENT - a Service Recipient who intends to conclude or has concluded an Agreement for the provision of the Digital Service with the Service Provider.

10. TRADER - a natural person, legal person, and organizational unit without legal personality to which the law grants legal capacity, conducting business or professional activity in its own name.

11. CONSUMER - a natural person who performs, with a trader, a legal transaction not directly related to their business or professional activity.

12. DIGITAL SERVICE - a service allowing the Service Recipient to create, process, store, or access data in digital form, share data in digital form that has been uploaded or created by the Service Recipient or other users of this service, and other forms of interaction using data in digital form.

13. APPLICATION - a web application provided by the Operator at app.retjet.com, enabling the management of complaints and returns, which can be used in the SaaS model via the Website.

14. SAAS - (“Software as a Service”) a service consisting of the remote provision of software over the Internet. It enables interaction with the platform through a web browser interface.

15. LICENSE - a paid Electronic Service and simultaneously a Digital Service, being the subject of an Agreement between the Service Provider and the User, upon purchase of which the Client receives access to the Application in the selected Package for a specified Subscription Period.

16. CONTACT FORM - a form available on the website www.retjet.com enabling a message to be sent to the Service Provider.

17. NEWSLETTER - an Electronic Service allowing the Service Recipient to subscribe to and receive, at the e-mail address provided by the Service Recipient, free information from the Service Provider concerning the Services available on the Website.

18. ORDER - a declaration of will by the Client constituting an offer to purchase a License in the selected Package and for the selected Subscription Period.

19. AGREEMENT - an agreement for the provision of the Digital Service concluded between the Client and the Service Provider via the Website or the Application.

20. PACKAGE - the variant of the License selected 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 day on which a new Subscription Period begins is deemed to be the day corresponding to the day on which the previous Subscription Period ended, and if there is no such day in a given calendar month, the last day of that month.

22. DIGITAL ENVIRONMENT - computer hardware, software, and network connections used by the Service Recipient in order to gain access to the Digital Service or in order to use it.

23. COMPATIBILITY - the ability of the Digital Service to work with computer hardware or software that is typically used to use a Digital Service of the same type, without the need to convert them.

24. FUNCTIONALITY - the ability of the Digital Service to perform its functions having regard to its intended purpose.

25. INTEGRATION - connecting the Digital Service with elements of the Service Recipient’s Digital Environment and incorporating it into those elements in order to ensure conformity with the Agreement for the provision of the Digital Service.

26. INTEROPERABILITY - the ability of the Digital Service to work with computer hardware or software other than that typically used to use a Digital Service 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 enables, via the Website, the use of:

   1. the Contact Form,

   2. the Account,

   3. the Order Form,

   4. the Newsletter,

   5. the License.

2. The provision of Electronic Services to Service Recipients on the Website takes place under the conditions set out in the Terms of Service.

3. The period for which the agreement was concluded:

   1. the agreement for the provision of the Electronic Service consisting of enabling a message to be sent to the Service Provider via the Contact Form is concluded for a fixed term and is terminated upon sending the message or upon the Service Recipient ceasing to send it,

   2. the agreement for the provision of the Electronic Service consisting of maintaining an Account on the Website is concluded for an indefinite period,

   3. the agreement for the provision of the Electronic Service consisting of enabling an Order to be placed on the Website is concluded for a fixed term and is terminated upon placing the Order or upon the Service Recipient ceasing to place it,

   4. the agreement for the provision of the Electronic Service consisting of use of the Newsletter is concluded for an indefinite period,

   5. the agreement for the provision of the Electronic Service consisting of enabling the use of the License in the selected Package is concluded for the duration of the Subscription Period selected by the User.

4. The Service Provider has the right to post advertising content on the website of the Website. This content constitutes an integral part of the Website and of the materials presented on it.

5. The provision of the Electronic Services specified in § 3 points 1.1 to 1.4 of the Terms of Service by the Service Provider is free of charge.

6. The provision of the Electronic Service specified in § 3 point 1.5 of the Terms of Service by the Service Provider is paid, in accordance with the rules set out in § 4 point 3 of the Terms of Service.

§ 4. Purchase of a license

1. Information regarding the License and ordering it.

   1. Information found on the website of the Website does not constitute an offer within the meaning of legal provisions. By placing an Order, the Client submits an offer to purchase the License on the conditions given in its description,

   2. The License Price shown in the Application is given in Polish zloty (PLN) and is a gross price,

   3. The License Price shown in the Application is binding at the moment the Client places the Order,

   4. The Service Provider unambiguously informs Clients of unit Prices and of promotions and Price reductions. Alongside information about a reduction, the Service Provider displays the lowest License Price that applied during the 30-day period before the reduction was introduced, and if the License has been offered for sale for a period shorter than 30 days - the Service Provider displays the lowest License Price that applied during the period from the day it began to be offered for sale to the day the reduction was introduced,

   5. in order to place an Order, the Client is obliged to:

      1. create and log in to an Account,

      2. select one of the License Packages and fill in the Order Form (the Service Recipient may place Orders using the Order Form - 24 hours a day, all year round, excluding interruptions in access to the Application caused by an update of the Service Provider’s server or by the Service Provider’s performance of other actions aimed at improving its functioning),

      3. fill in the form with the invoicing details,

      4. select one of the available payment methods referred to in point 3 of this paragraph,

      5. accept the Terms of Service and the privacy policy of the Website,

      6. click the “buy and pay” button.

2. Conclusion of the Agreement for the provision of the License.

   1. Conclusion of the Agreement for the provision of the License requires the prior placement of an Order in accordance with point 1.5 of this paragraph,

   2. after an Order is placed, the Service Provider immediately confirms its receipt by sending an e-mail message to the e-mail address provided by the Client,

   3. confirmation of acceptance of the Order, referred to in point 2.2 of this paragraph, binds the Client to their Order and contains confirmation of all essential elements of the Order,

   4. upon the Client’s receipt of the e-mail message referred to in point 2.3 of this paragraph, the Agreement for the provision of the License is concluded between the Client and the Service Provider,

   5. the License is activated (for the Subscription Period selected by the Client) automatically once the payment has been credited to the Service Provider’s bank account or, respectively, following positive authorization of the electronic payment,

   6. the Service Provider delivers the License to the Client in the latest available version,

   7. every purchase of a License will be confirmed by proof of purchase (VAT invoice), which, after payment has been made, will be sent to the Client’s address given in the Order Form.

3. Payment methods.

   1. The Service Provider makes payment available via an electronic payment system, which is carried out through the website of the external payment intermediary Stripe,

   2. in the case of payment via the electronic payment system, the Client makes payment before the Order begins to be executed. The electronic payment system enables payment by credit card or fast transfer from selected Polish and foreign banks,

   3. upon payment for the License, the Operator grants the User a paid, non-exclusive license to use the Application solely for purposes consistent with generally applicable regulations and in accordance with its intended purpose,

   4. the license is granted for the Subscription Period for which the User has paid the fee and is extended upon payment for the next Subscription Period. The license expires upon deactivation of the License.

4. Complaint regarding the License’s lack of conformity with the agreement.

   1. The basis and scope of the Service Provider’s liability towards a Client who is a Consumer or an entity referred to in § 11 of the Terms of Service, for the License’s lack of conformity with the agreement, are set out in the Polish Consumer Rights Act of 30 May 2014 (ustawa o prawach konsumenta),

   2. the basis and scope of the Service Provider’s liability towards a Client who is a Trader are set out in the Civil Code Act of 23 April 1964,

   3. the Service Provider is liable towards a Client who is a Consumer or an entity referred to in § 11 of the Terms of Service, for the License’s lack of conformity with the Agreement, throughout the entire term of the Agreement,

   4. the Client is obliged to cooperate with the Service Provider in order to determine whether the License’s lack of conformity with the Agreement results from the characteristics of the Client’s Digital Environment,

   5. the Client may notify of the License’s lack of conformity with the agreement and submit an appropriate request via e-mail to the address: [email protected],

   6. in the above electronic message, as much information and as many circumstances regarding the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider,

   7. the Service Provider will respond to the Client’s request without undue delay, no later than within 14 days of its receipt,

   8. in the case of a complaint by a Client who is a Consumer or an entity referred to in § 11 of the Terms of Service - failure to consider the complaint within 14 days of its submission is tantamount to accepting it,

   9. the Client may, in the first instance, demand that the License be brought into conformity with the Agreement. The Client may demand a price reduction or withdrawal from the agreement only in the cases specified in the Polish Consumer Rights Act of 30 May 2014,

   10. in connection with a justified complaint by a Client who is a Consumer or an entity referred to in § 11 of the Terms of Service, the Service Provider, respectively:

       1. brings the License into conformity with the Agreement at its own expense,

       2. reduces the price of the License (the reduced price must remain in proportion of the price of the License conforming with the agreement to the License not conforming with the agreement, and additionally, where the License is provided on a continuous basis - taking into account the time during which it did not conform with the Agreement) and returns to the Consumer or the entity referred to in § 11 the value of the reduced price no later than within 14 days of receiving the eligible statement on the price reduction,

       3. in the event of withdrawal from the agreement by the Consumer or the entity referred to in § 11 - the Service Provider returns to them the price of the License no later than within 14 days from the date of receipt of the statement of withdrawal. In the event of withdrawal from the agreement, the Consumer or the entity referred to in § 11 is obliged to immediately cease using the License,

   11. the response to the complaint is delivered on paper or another durable medium, e.g. an e-mail message or SMS,

   12. the Service Provider is not entitled to demand payment for the time during which the License did not conform with the Agreement, even if, prior to withdrawal from the Agreement, the Client actually used it.

5. Withdrawal from the agreement.

   1. Subject to point 5.4, a Service Recipient who is simultaneously a Consumer or an entity referred to in § 11 of the Terms of Service, who has concluded a distance agreement, may withdraw from it without giving reasons by submitting an appropriate statement within 14 days,

   2. in the event of withdrawal from the agreement, the agreement is deemed not to have been concluded,

   3. the fourteen-day period, within which the Consumer or the entity referred to in § 11 of the Terms of Service may withdraw from the agreement, runs from the date of conclusion of the agreement,

   4. the right of withdrawal from a distance agreement is not available to the Consumer or the entity referred to in § 11:

      1. for the provision of services for which the entity is obliged to pay the price, if the Service Provider has fully performed the service with the express and prior consent of the trader with consumer rights, who was informed before performance began that, once the Service Provider performed, they would lose the right to withdraw from the agreement, and acknowledged this,

      2. in the case of agreements for the supply of digital content that is not saved on a tangible medium, if performance began with the express consent of the trader with consumer rights before the expiry of the period for withdrawal from the agreement and after the Service Provider informed them of the loss of the right of withdrawal from the agreement,

   5. after withdrawal from the agreement by the Consumer or the trader with consumer rights, in accordance with this subsection or with point 4.10(c) of this paragraph, the Service Provider may not use content other than personal data supplied or created by the Service Recipient in the course of using the License, with the exception of content that:

      1. is useful solely in connection with the License that was the subject of the Agreement,

      2. concerns solely the Service Recipient’s activity in the course of using the License that was the subject of the agreement,

      3. has been combined by the Service Provider with other data and cannot be separated without disproportionate effort,

      4. has been created by the Service Recipient jointly with other Service Recipients who can still use it.

   6. except in the cases referred to in point 5.5 of this paragraph, the Service Provider, at the request of the Consumer or the trader with consumer rights, makes available to them content other than personal data that has been supplied or created by the Service Recipient in the course of using the License - free of charge, within a reasonable time, and in a commonly used machine-readable format,

   7. in the event of withdrawal from the agreement, the Service Provider may prevent the Service Recipient from further using the License, in particular by blocking the Account,

   8. the Service Provider has the right to withdraw from an Agreement concluded with a Client who is a Trader within 14 business days of its conclusion. Withdrawal from the Agreement in this case may take place without giving a reason and does not give rise to any claims on the part of the Client who is a Trader against the Service Provider.

6. Extension of the License.

   1. The License is subject to automatic renewal for the next Subscription Period,

   2. the Service Provider reserves the right to send, by electronic means, to the address provided when setting up the Account, a message reminding of the payment deadline, as well as other e-mail messages related to the operation of the Application and the Website,

   3. should the Service Recipient wish to cancel the License for the next Subscription Period, it is obliged to do so via the payment service or by e-mail to the address: [email protected]

   4. cancellation of the subscription will result in the payment for the next Subscription Period not being collected, and the Service Recipient will lose the License,

   5. failure to pay for the License results in its deactivation.

§ 5. Terms of use of the application

1. Terms of use of the Application.

   1. After purchasing a License, the Client receives access to the Application on the terms of the Package selected by the Client,

   2. the Client is not entitled to grant access to the Application to third parties, in particular for remuneration,

   3. the Service Provider may require the Client to use an identifier with a password assigned to it in order to use 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 execute an instruction related to the operation of the Application if there is a suspicion that it has been given by an unauthorized person. In such a case, the Service Provider may request that the Client confirm the instruction in writing or by e-mail,

   5. in the event of loss of control over the tools enabling management of the Application, in particular in the event of disclosure of the panel access password to unauthorized persons, the Client is obliged to immediately report this fact to the Service Provider, who is entitled to take actions aimed at restoring control over the service,

   6. the Client undertakes to take all necessary steps to protect the data and software of its end device (through which it uses the Application) against unauthorized interference by third parties (in particular by using appropriate passwords and installing and regularly updating appropriate security software, as well as using a mail server whose software is secured against unauthorized use by unauthorized persons),

   7. the Service Provider is not liable for securing end devices against interference by third parties,

   8. in cases justified by a factual need, the Service Provider reserves the right to introduce procedures aimed at guaranteeing an increase in the level of security applied by Clients, in particular by introducing a requirement for periodic changes of the passwords used or changing passwords to stronger ones,

   9. in order to properly use the Application, the Client is obliged to ensure, on its own and at its own expense, access to appropriate devices, the Internet, and electricity,

   10. the Client is obliged to independently make and keep a backup copy of the data that it processes within the Service Provider’s IT systems, regardless of whether the Service Provider also creates such copies,

   11. the Client undertakes not to use software that could disrupt the operation of the Application,

   12. the Service Recipient is obliged to use the Application in a manner consistent with the law and good practice, bearing in mind respect for the personal rights and intellectual property rights of third parties,

   13. the Service Recipient is obliged to enter data consistent with the actual state of affairs,

   14. the Service Recipient is prohibited from supplying content of an unlawful nature,

   15. the Client is not entitled to:

   • a) carry out, on its own or with the participation of third parties, reverse engineering, disassembly, and decompilation of the Application,

   • b) assert any rights to the source code of the Application or to the data stored in it, with the exceptions specified in these Terms of Service.

2. Technical requirements and updates of the Application.

   1. Technical requirements necessary to work with the Application:

      1. a computer (or mobile device) with Internet access,

      2. access to e-mail,

      3. meeting minimum technical conditions for handling HTML files, including supporting commonly used web browsers, in particular: Google Chrome, Mozilla Firefox, Edge, Safari, Opera, with the browser each time being updated to the latest version,

      4. having Cookies and Javascript enabled in the web browser.

   2. in order to avoid or minimize the risk of damage in connection with 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 of the updates and of the consequences of not installing them, throughout the entire term of the License,

   4. the Client is obliged to install updates provided by the Service Provider within a reasonable time. Failure by the Client to install an update in accordance with the instructions provided by the Operator, and after the Client has been informed of the consequences of not installing the update, excludes the Service Provider’s liability for the Application’s lack of conformity with the agreement,

   5. in the case of an update/servicing/development of the Application, the Service Provider informs the Client of it 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 aimed at improving the quality of the service and will not cause its operation to deteriorate or the Client’s data to be lost,

   6. the Service Provider is entitled to make changes to the Application in order to improve it and enhance its functionality. These changes do not entail any costs for the Client,

   7. the Service Provider informs the Client of the changes referred to in point 2.6 in a clear and understandable manner, and if the change introduced affects the Client’s access to and use of the Application, the Service Provider informs the Client of it in advance and by sending, on a durable medium, information about:

      1. the date the change is made,

      2. the characteristics of the change,

      3. the right to terminate the agreement without a notice period, within 30 days of the date the change is made or of being informed of it, if the information was provided later than the change itself,

   8. the Service Provider is released from the obligation referred to in point 2.7 of this paragraph if it has provided the Client with the right to keep the Application (without additional costs) conforming to the agreement in an unchanged state.

§ 6. Conditions for amending and terminating agreements for the provision of electronic services

1. Change in the scope of services provided by the Service Provider:

   1. the parties may, by mutual agreement, extend the scope of the service provided before the end of the Subscription Period,

   2. the change referred to in point 1.1 shall take effect at the beginning of the next Subscription Period, unless the parties agree on a shorter implementation period,

   3. the scope of changes is agreed between the Operator and the Client via e-mail,

   4. in the event of a change in the scope of Services during the Subscription Period resulting in a change in the amount of fees, the Service Provider’s remuneration for the given Subscription Period will be calculated proportionally to the use of these services.

2. Termination of the agreement for the provision of the Electronic Service:

   1. an agreement for the provision of an Electronic Service of a continuous and indefinite nature (maintaining an Account, Newsletter) may be terminated,

   2. the Service Recipient may terminate the agreement without giving reasons by sending an appropriate statement via e-mail to the address: [email protected] In such a case the agreement expires after 3 days from the date of submission of the declaration of intent to terminate it (notice period),

   3. the Service Provider may terminate the agreement for the provision of a service by electronic means of a continuous and indefinite nature where the Service Recipient violates the Terms of Service, in particular where it supplies content of an unlawful nature, after an unsuccessful prior call to cease the violations with an appropriate deadline set. In such a case the agreement expires after 1 day from the date of submission of the declaration of intent to terminate it (notice period),

   4. termination leads to cessation of the legal relationship with effect for the future.

3. The Service Provider and the Service Recipient may terminate the agreement for the provision of the Electronic Service at any time by agreement of the parties.

§ 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 the Application may be submitted by the Service Recipient via e-mail to the address:[email protected]

2. In the above e-mail message, as much information and as many circumstances regarding the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Service Provider.

3. Consideration of a complaint by the Service Provider takes place without undue delay, no later than within 14 days of its receipt.

4. The Service Provider’s response regarding the complaint is sent to the e-mail address of the Service Recipient given in the complaint notification, or in another manner given by the Service Recipient.

5. Reporting violations and technical problems.

   1. Every Service Recipient may report to the Service Provider a suspicion that information or content available within the Application violates these Terms of Service or generally applicable provisions of law. The Client may also report technical problems to the Service Provider in connection with the provision of the service,

   2. the Service Recipient may submit reports by sending an e-mail message to the Service Provider at the address: [email protected]

   3. the Service Provider verifies the report received within 7 business days and, if it finds that the given content violates the provisions of the Terms of Service, will remove it from the Application. In the event of doubts as to the validity of the report, the Service Provider may contact the specific User in order to obtain additional explanations.

§ 8. Intellectual property

1. All content constituting an integral part of the Website and the Application is protected by copyright and (excluding content posted by Users and elements used under license, transfer of copyright, or permitted use) is the property of RetJet SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, entered into the Register of Entrepreneurs by the SĄD REJONOWY W BIELSKU – BIAŁEJ, VIII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO, KRS number: 0001129805, registered office and address for service: ul. 1 Maja 22, 43-300 Bielsko-Biała, NIP: 5472248276, REGON: 529760483, e-mail address: [email protected]. The Service Recipient bears full liability for damage caused to the Service Provider resulting from the use of any content of the Website or the Application without the Service Provider’s consent.

2. Any use by anyone, without the Service Provider’s express written consent, of any of the elements comprising the content and contents of the Website and the Application constitutes an infringement of copyright and results in civil and criminal liability.

3. By sending files and other content via the Website and the Application, and by posting them on its own website, the Service Recipient confirms its right to dispose of them and bears liability in this regard for infringements of the economic and related copyright and personal rights of third parties, and, should any person assert any claims or demands against the Website or the Service Provider in this regard, undertakes to release the Website or the Service Provider from all liability for the infringements 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 existing factual and legal circumstances, within the limits permitted by law.

2. The Service Provider fulfills all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act, DSA) and designates a point of contact within the meaning of the Digital Services Act (DSA) at its registered office, referred to in § 2 of these Terms of Service.

3. It is not permitted to post unlawful content via the Website (through comments, opinions, etc.), nor content that is:

   1. unrelated to the subject matter of the Website,

   2. groundlessly injurious to the good name of the Service Provider,

   3. containing words commonly regarded as obscene,

   4. promoting activity competitive with the Service Provider.

4. In the event of the publication of content referred to in point 3, the Service Provider has the possibility of moderating it (refusal to publish content, de-ranking of content, removal of content, prevention of access to content, restriction or exclusion of monetization of content, suspension or closure of the user’s account, suspension or termination of the provision of the service to the user).

5. In the event of automatic moderation of content published by Service Recipients via an algorithm, Service Recipients do not lose the right to appeal the Service Provider’s decision. An appeal may be lodged via e-mail: [email protected]. When appealing, the actual state of affairs that occurred should be briefly described and the reasons for the appeal justified. The Service Provider will consider the appeal in the manner indicated by the provisions of the Digital Services Act within 14 days.

6. A Service Recipient who finds a violation of the rules described in this paragraph has the possibility of reporting impermissible content published on the Website via e-mail: [email protected].

7. The report referred to in point 6 must contain the following elements:

   1. a sufficiently substantiated explanation of the reasons why the Service Recipient alleges that the relevant information constitutes illegal content;

   2. a clear indication by the Service Recipient of the exact electronic location of the information, such as the exact URL address or addresses and, where appropriate, additional information enabling identification of the illegal content, depending on the type of content and the specific type of hosting service;

   3. the first and last name or name and the e-mail address of the Service Recipient making the report, except for a report concerning information regarded as related to one of the offences referred to in Articles 3-7 of Directive 2011/93/EU;

   4. a statement confirming the good-faith belief of the Service Recipient making the report that the information and allegations contained in it are correct and complete.

8. The Service Provider will confirm receipt of the report referred to in point 6 of this paragraph and will inform of its positive or negative resolution without undue delay.

9. Where a report referred to in point 6 is deemed valid, the Service Provider will, to the extent possible, inform the Service Recipient responsible for the violation of the fact that the content it published has been moderated, together with the required justification.

10. Where the Service Provider obtains any information giving grounds for suspicion that an offence endangering the life or safety of a person or persons has been committed, is being committed, or may be committed, it immediately informs law enforcement or judicial authorities of its suspicion, together with the justification of its suspicions and the information known to it.

11. The Service Provider informs Service Recipients of significant amendments to the Terms of Service.

12. Service Recipients bear full liability for breaking the law or for damage caused by their actions on the Website, in particular by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyright and related rights, and by processing the personal data of Service Recipients inconsistently with the purposes of the Website or in violation of the provisions of the Polish Act on the Protection of Personal Data (ustawa o ochronie danych osobowych).

13. The Service Provider undertakes to inform Service Recipients in advance, to the extent possible, of possible disruptions in the functioning of the Website, in particular of interruptions in access.

14. The Service Provider makes every effort to ensure the correct functioning of the Website in formal and legal terms.

15. The Service Provider will take into account any changes in legal provisions and will update the Website in accordance with those changes.

16. Updates to the system of the Website will be made by the Service Provider without burdening Service Recipients with additional costs.

17. The Service Provider takes all measures in order to protect the data of Service Recipients.

18. The Service Provider is not liable towards Service Recipients who are Traders:

    1. for any direct or indirect damages and losses (including damages for loss of profits from running a business, interruptions in business operations, or loss of business information, and other damages of a pecuniary nature), arising from the use, inability to use, or malfunction of the Website’s software, damages arising as a result of the shutdown or failure of the IT system, or failure of the power grid,

    2. in connection with improper use of the Website by a Service Recipient who is not a Consumer, and improper functioning of the computer hardware, computer software, or communication system by means of which the Service Recipient connects to the system of the Website,

    3. for any damages arising as a result of errors, failures, and interruptions in the functioning of the Website, or caused by incorrect recording or reading of data downloaded by Service Recipients,

    4. for disruptions in the correct functioning of the Website, as well as loss of data of Service Recipients who are not Consumers, arising as a result of force majeure or of third parties,

    5. for actions of third parties consisting of the use of data and materials placed on the Website contrary to generally applicable law or the Terms of Service,

    6. for the inability to log in to the system of the Website caused in particular by: the quality of the connection, a failure of the IT system or power grid, incorrect configuration of the software of Service Recipients who are not Consumers,

    7. for consequences related to the loss of a password.

19. The Service Recipient bears liability for providing an e-mail address to which it does not have access, in particular an incorrect address or one belonging to another entity.

20. Service Recipients bear full liability for breaking the law or for damage caused by their actions in connection with the use of the Application, in particular by providing false data, disclosing classified information or other legally protected secrets, violating personal rights or copyright and related rights, and by processing the personal data of Service Recipients inconsistently with the purposes of the Website or the Application or in violation of the provisions of the Polish Act on the Protection of Personal Data.

21. In particular, it is prohibited to send Information that is:

    1. misleading,

    2. fictitious,

    3. violating the rights of the Service Provider or third parties,

    4. violating the Terms of Service,

    5. violating applicable provisions of law,

    6. violating good practice or the principles of social coexistence,

    7. discriminatory, vulgar, offensive, obscene,

    8. the personal data of third parties, subject to the data of the Client’s representatives and proxies, as well as personal data that the Client processes as a controller of personal data, in accordance with applicable law, in particular the GDPR,

    9. links to the Information referred to above.

22. The Service Provider is entitled, at any time, to take any actions in order to verify the identity and identification of the Client, within the meaning of the provisions of the Polish Anti-Money Laundering Act (ustawa o przeciwdziałaniu praniu pieniędzy), 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, in the event of not receiving the required information, 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 guarantee

1. SLA level means the Service Provider’s commitment to ensure, in each monthly period, continuity of operation of the Service to the extent resulting from the Terms of Service, without a failure, at a level of 98%.

2. A failure is an irregularity in the provision of the service by the Service Provider resulting in an interruption in its provision or a significant reduction of its quality. A failure within the meaning of this SLA guarantee means the inability to use the main function of the service, which includes the display of websites, DNS handling, receiving and sending e-mail, and processing of databases.

3. Removal of a failure should take place no later than within 2 business days of the moment it occurs. If it is not possible to remove the failure within 2 business days, the Service Provider will determine the deadline for its removal and communicate it to Clients.

4. The SLA guarantee covers the following scope:

   1. delivery of an Internet connection to the server,

   2. delivery of electricity to the server,

   3. the technical efficiency of the server at the hardware level,

   4. the technical efficiency of the server at the operating system level,

   5. the technical efficiency of the Service Recipient’s Account with regard to the basic operation of the service.

5. The SLA guarantee does not cover, in particular, events and consequences of events related to:

   1. the exhaustion of available disk space on any partition, the use of which depends on the Client,

   2. problems with the operation of the website resulting from the operation of scripts on the website, or from its modification (including by viruses, hackers, etc.),

   3. problems related to the use of the service to handle disproportionately large traffic,

   4. the sending of SPAM, and the operation of anti-spam and antivirus software,

   5. blocking of the service for reasons set out in the Terms of Service,

   6. maintenance windows - which are set between 23:00 and 02:00 Central European Time (UTC+1), that is between 22:00 and 01:00 UTC. During a maintenance window, the Service Provider has the right to carry out work on the servers that may result in short-term unavailability of the service,

   7. the operation of the Service Recipient’s Account with regard to settings unrelated to the main functions of the server,

   8. the effects of force majeure.

6. Force majeure is an event independent of the Service Recipient or the Service Provider, external, impossible to foresee and to prevent, in particular wars, natural disasters, strikes, and acts issued by public authorities.

7. The SLA guarantee does not cover interruptions in the operation of the Services related to maintenance of the systems or other planned activities, of which the Service Provider gives at least 24 hours’ notice.

§ 11. Provisions concerning traders with consumer rights

1. A trader running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Consumer Rights Act, provided that the agreement it concludes with the Service Provider is directly related to its business activity, but it is apparent from the content of that agreement that the agreement is not of a professional character for it, resulting in particular from the subject matter of the business activity it conducts.

2. A person conducting business activity, referred to in point 1 of this paragraph, is covered by protection with regard to:

   1. unfair contractual terms,

   2. liability for the License’s lack of conformity with the agreement,

   3. the right of withdrawal from a distance agreement,

   4. the rules concerning the Agreement for the supply of digital content or of the Digital Service.

3. The trader referred to in point 1 of this paragraph loses the rights arising from consumer protection where the Agreement it concluded with the Service Provider has a professional character, which is verified on the basis of that trader’s entry in the Central Register and Information on Economic Activity of the Republic of Poland (Centralna Ewidencja i Informacja o Działalności Gospodarczej), in particular the codes of the Polish Classification of Activities (Polska Klasyfikacja Działalności) indicated there.

4. Traders referred to in point 1 of this paragraph are not covered by the institutional protection provided to Consumers by county consumer ombudsmen (powiatowi rzecznicy praw konsumentów), nor by the President of the Office of Competition and Consumer Protection (UOKiK).

§ 12. Final provisions

1. Agreements concluded in accordance with these Terms of Service are concluded in accordance with Polish law. In accordance with that law they are to be interpreted, unless otherwise results from mandatorily applicable provisions of law, and any disputes related to the provision of the service will be examined by the Polish common courts. The language of the Terms of Service is Polish, and the Agreement is concluded in that language.

2. Amendments to the Terms of Service are made by the Service Provider at any time and enter into force within 14 days of the date of their publication on the Website, whereas Agreements concluded before the amendment of the Terms of Service are governed by the Terms of Service in their previous wording, unless the changes concern the introduction of new services or resignation from the provision of services, the Price List, the procedure for placing Orders, changes in the Service Provider’s data, or the adaptation of the Terms of Service to applicable provisions of law. The Service Provider informs Clients of amendments to the Terms of Service by publishing information about the changes on the Website, and, in the case of Clients who have concluded Agreements, by sending a link to the changes to the Client’s indicated e-mail address. A Client who does not agree to the amendments introduced by the Terms of Service may terminate the Agreement. In such a case the Client is obliged to observe a one-month notice period. Where a declaration of termination has been submitted, during the notice period the Client is governed by the Terms of Service in their previous wording, unless the Client terminated the Agreement after the Terms of Service had already entered into force.

3. In the event of the non-conformity of any part of the Terms of Service with applicable law, the relevant provisions of Polish law shall apply in place of the contested provision of the Terms of Service.

4. Any disputes arising from Agreements between the Website and Service Recipients will be resolved in the first instance through negotiations, with the intention of an amicable resolution of the dispute, taking into account the Polish Act on Out-of-Court Resolution of Consumer Disputes (ustawa o pozasądowym rozwiązywaniu sporów konsumenckich). If, however, this is not possible, or would be unsatisfactory for either party, disputes will be resolved by the competent common court, in accordance with point 5 of this paragraph.

5. Judicial resolution of disputes:

   1. any disputes arising between the Service Provider and the Service Recipient (Client) who is simultaneously a Consumer or an entity referred to in § 11 of the Terms of Service are submitted to the courts having jurisdiction in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (kodeks postępowania cywilnego),

   2. any disputes arising between the Service Provider and the Service Recipient (Client) who is simultaneously a Trader are submitted to the court having jurisdiction over the Service Provider’s registered office.

6. With the Service Provider’s consent, the Client may transfer the rights and obligations arising from the Agreement to a third party that meets the requirements specified in the Terms of Service.

7. The Service Provider may make its consent to the transfer of the rights and obligations arising from the Agreement conditional, in particular, on the Client’s performance of all its obligations towards the Service Provider.

8. For the transfer of rights and obligations arising from the Agreement, the Service Provider may charge a fee, if its amount has been specified in the Price List or has been individually agreed by the parties.