This document was originally drafted in Polish. In the event of any discrepancy between language versions, the Polish version shall prevail.
Section 1. General Provisions
- These terms of service (hereinafter: the “Terms”) set out the rules and conditions for using the “SpoknLog” application (hereinafter: the “Application”) and the services provided by the Provider.
- The Application is designed for recording voice notes, automatically transcribing them, intelligently storing them, and searching for information within saved notes using artificial intelligence. The Application is intended for Consumers.
- These Terms constitute the terms of service referred to in Article 8 of the Polish Act of 18 July 2002 on the Provision of Electronic Services (hereinafter: the “Electronic Services Act”).
- The service provider is Daniel Loposzko, operating under the business name Zinit Daniel Loposzko (registered office: ul. Sportowa 35, 55-040 Kobierzyce, Poland), registered in the Central Register of Business Activity maintained by the minister responsible for the economy, Tax Identification Number (NIP): 896-116-23-34, Statistical Identification Number (REGON): 021006839 (hereinafter: the “Provider”).
- The Provider may be contacted:
- by email: info@spoknlog.com,
- by mail: ul. Sportowa 35, 55-040 Kobierzyce, Poland,
- by phone: +48 734 608 442.
- In accordance with 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 (the Digital Services Act, hereinafter: “DSA”), the Provider has designated a point of contact for direct communication with Member State authorities, the European Commission, the Digital Services Board, and Application Users on matters covered by the DSA. The point of contact is available at: info@spoknlog.com.
- Before using the Application, the User is required to read and review the Terms and the Privacy Policy.
Section 2. Definitions
Capitalized terms used in these Terms have the following meanings:
- Action — a single voice note recording or question asked within the Application; Actions form the basis for calculating Service usage limits in accordance with the Price List,
- Price List — a document or information available within the Application specifying the current Service plans, Action limits, pricing for the paid Service plan, and other conditions specified therein,
- Consumer — a natural person entering into a legal transaction with the Provider that is not directly related to their business or professional activity,
- Account — an individual panel created within the Application’s IT system, assigned to the User’s device, enabling the use of Application features,
- Non-Conformity — a non-conformity of the Application Service with the Service Agreement (the criteria for assessing conformity of the Service with the Agreement are set out in Article 43k(1)-(2) of the Consumer Rights Act),
- Subscription Period — a period of one calendar month for which the Provider makes the Service available to the User in the PRO plan in accordance with the Price List,
- Subscription Fee — a fee paid in advance by the User for the Service in the PRO plan, determined in accordance with the Price List in effect at the time of ordering,
- Review — a User’s review of the Application, comprising a description of the User’s experience with the Service,
- Privacy Policy — a document containing information about the processing of Users’ personal data by the Provider,
- Tier 1 / Tier 2 — the two-tier data processing model for artificial intelligence described in the Privacy Policy; Tier 1 covers the processing of raw User data (voice recordings, transcriptions, semantic vectors) on regional infrastructure, Tier 2 covers the processing of derived data (summaries, contexts, responses) by external AI providers,
- Terms — as defined in Section 1, subsection 1 of these Terms,
- User Content — all data (including personal data), information, and materials saved by the User within the Account, in particular transcriptions of voice recordings and summaries generated on their basis,
- Agreement — an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Provider undertakes to provide the User with the Application Service; the conclusion of the Agreement requires the creation of an Account and acceptance of the Terms and Privacy Policy,
- Application Service / Service — a digital service within the meaning of the Consumer Rights Act, consisting of enabling the User to use the Application’s features within the scope of the selected plan specified in the Price List,
- User — a Consumer using the Application,
- Provider — as defined in Section 1, subsection 4 of these Terms,
- Consumer Rights Act — the Polish Act of 30 May 2014 on Consumer Rights,
- Electronic Services Act — as defined in Section 1, subsection 3 of these Terms.
Section 3. Technical Requirements, Service Usage Rules, and Security
- In order for the User to properly use the services provided by the Provider through the Application, all of the following are required:
- an Internet connection,
- a mobile device running iOS in a version supported by the Application,
- installation of the Application on the mobile device from the Apple App Store,
- an active email account (required for the extended Service plan).
- Users are prohibited from using viruses, bots, worms, or other computer code, files, or programs within the Application (in particular, scripts and applications automating processes, or other code, files, or tools).
- The Provider uses cryptographic protection of electronic transfers and digital content through appropriate logical, organizational, and technical measures, in particular to prevent third-party access to data, including through SSL encryption, access passwords, and antivirus or anti-malware programs.
- The Provider informs that, despite the security measures referred to in subsection 3, the use of the Internet and electronically provided services may be subject to the risk of malicious software entering the User’s IT system and device, or of third parties gaining access to data on that device. To minimize this risk, the Provider recommends the use of antivirus programs or measures to protect online identity.
- Use of the Application in the FREE plan is free of charge. Use of the Application in the PRO plan is subject to a fee, on the terms set out in Section 5 of these Terms.
- Users are required to provide only data (including personal data) that is accurate and true. The Provider is not liable for the consequences of the User providing false or incomplete data.
Section 4. Service Agreement
- Under the Agreement, the Provider enables the User to use the Application’s features within the scope of the selected plan specified in the Price List.
- The Application may be used by persons who have reached the age of 16 (sixteen). With respect to Users from the United States, in accordance with the Children’s Online Privacy Protection Act (COPPA), the Provider does not knowingly collect personal data from persons under 13 (thirteen) years of age. The User confirms that they meet the age requirement during the process described in subsection 3 below.
- To conclude the Agreement, the User should perform the following actions:
- download and install the Application from the Apple App Store,
- open the Application,
- navigate to the Application’s settings section and complete the required data (first name, voice preference, language),
- read the Terms and Privacy Policy,
- confirm being at least 16 years of age,
- accept the Terms and Privacy Policy.
- The User’s Account is created automatically within the Application’s IT system based on a unique device identifier.
- Acceptance of the Terms and Privacy Policy in accordance with subsection 3, item 6 above is equivalent to the conclusion of a free Agreement in the FREE plan.
- Upon conclusion of the Agreement, the User gains access to the Service in the free plan (FREE), including the number of Actions specified in the Price List.
- The User may upgrade to a higher Service plan by:
- registering an email address within the Application, which enables use of the extended plan in accordance with the Price List, or
- purchasing a subscription in the PRO plan via the Apple App Store platform, on the terms set out in Section 5 of these Terms.
- An upgrade in accordance with subsection 7 above does not constitute the conclusion of a new Agreement — it only modifies the scope of the Service provided.
- The User retains all User Content and information and data entered into the Account in the event of a Service plan change.
- The Provider informs and the User acknowledges that maintaining the conformity of the Application Service with the Agreement requires the installation of Application updates made available by the Provider.
- If the User is not granted access to the Service promptly after conclusion of the Agreement, the User shall request the Provider to grant access to the Service without delay. The request may be sent by email to the address specified in Section 1, subsection 5, item 1 of these Terms. If the Provider fails to grant the User access to the Service promptly upon receipt of the request, the User may withdraw from the Agreement.
- Regardless of the provisions of subsection 11 above, if the User is not granted access to the Service, the User may withdraw from the Agreement without requesting the Provider to grant access, where at least one of the circumstances specified in Article 43j(5) of the Consumer Rights Act applies.
- Regardless of the provisions of subsections 11-12 above, the User may terminate the Agreement at any time by deleting their Account in the Application settings or by submitting a request to delete the Account by sending the relevant information to the address specified in Section 1, subsection 5, item 1 of these Terms.
- Withdrawal by the User from the Agreement or its termination, regardless of the basis, shall be effected by submitting a declaration of withdrawal or termination to the Provider. The declaration may be sent by email to the address specified in Section 1, subsection 5, item 1 of these Terms.
- In the event of a breach of the Terms by the User that is not remedied despite a request to do so, the Provider may terminate the Agreement with a notice period of 7 (seven) days, by submitting a declaration of termination to the User by email. Upon expiration of the notice period, the Provider shall discontinue the provision of the Service. During the notice period, the Provider may block the User’s access to the Application Service if necessary to prevent further breaches.
- The Provider shall delete the Account promptly upon receipt of a termination declaration from the User in accordance with subsection 13 above, or upon expiration of the notice period referred to in subsection 15 above. Deletion of the Account is equivalent to the archiving of all User Content saved therein, followed by deletion after an archival period of 90 (ninety) days.
- The User has the right to:
- download all of their data in JSON format,
- receive a complete history of their transcriptions and generated content. Data shall be made available within 30 (thirty) days of submitting such a request.
Section 5. Fees and Billing
- Use of the Service in the FREE plan and in the extended plan (after email registration) is free of charge.
- Use of the Service in the PRO plan requires payment of the Subscription Fee in accordance with the Price List. Prices shown in the Price List are gross prices (inclusive of VAT).
- The Subscription Fee is paid via the Apple App Store platform (Apple In-App Purchase). The Provider does not directly process the User’s payment data.
- The Subscription Fee is charged automatically, on a recurring monthly basis in advance. The subscription renews automatically for successive Subscription Periods unless the User cancels the subscription before the end of the current Subscription Period.
- Subscription management (including cancellation) is handled through the User’s Apple ID account settings, in accordance with the Apple App Store platform policies.
- Cancellation of the PRO subscription means that upon expiration of the current Subscription Period, the User reverts to the free Service plan (FREE or extended, depending on email registration status). User Content is retained.
- Changes to prices in the Price List are announced within the Application and do not constitute changes to these Terms.
Section 6. Price List
- The current Price List is available within the Application.
- The Price List may provide for Service plans that allow the use of a specified number of Actions free of charge.
- The Provider may change the Price List at any time.
- Changes to the Price List shall in no way affect the fees specified in Agreements concluded before the change.
Section 7. Complaints
- The Service provided to the User by the Provider must conform with the applicable Agreement for the entire duration of Service provision.
- The Provider is liable for any Non-Conformity discovered during the period of Service provision.
- If a Non-Conformity is discovered, the User may submit a complaint requesting that the Service be brought into conformity with the Agreement.
- Complaints are submitted by email to the address specified in Section 1, subsection 5, item 1 of these Terms.
- A complaint should contain:
- the User’s first and last name,
- email address,
- a description of the Non-Conformity discovered,
- a request to bring the Service into conformity with the Agreement.
- The Provider may refuse to bring the Service into conformity with the Agreement if it is impossible or would require the Provider to incur disproportionate costs.
- After considering the complaint, the Provider shall provide the User with a response in which it:
- accepts the complaint and indicates the planned date for bringing the Service into conformity with the Agreement,
- refuses to bring the Service into conformity with the Agreement for the reasons specified in subsection 6 above,
- rejects the complaint as unfounded.
- The Provider shall respond to the complaint by email within 14 (fourteen) days of receipt.
- If the complaint is accepted, the Provider shall bring the Service into conformity with the Agreement at its own cost within a reasonable time from receipt of the complaint and without excessive inconvenience to the User, taking into account the nature of the service and the purpose for which it is used. The planned date for bringing the Service into conformity shall be indicated in the response to the complaint.
- If a Non-Conformity is discovered, the User may submit a declaration of withdrawal from the Agreement to the Provider where:
- bringing the Service into conformity with the Agreement is impossible or requires disproportionate costs,
- the Provider has not brought the Service into conformity with the Agreement in accordance with subsection 9 above,
- the Non-Conformity persists despite the Provider’s attempt to bring the Service into conformity,
- the Non-Conformity is sufficiently serious to justify withdrawal from the Agreement without first requesting the Provider to bring the Service into conformity,
- it is clear from the Provider’s statement or from the circumstances that the Provider will not bring the Service into conformity within a reasonable time or without excessive inconvenience to the User.
- The declaration of withdrawal from the Agreement may be submitted by email to the address specified in Section 1, subsection 5, item 1 of these Terms.
- The declaration of withdrawal should contain:
- the User’s first and last name,
- email address,
- the date on which the Service was provided,
- a description of the Non-Conformity,
- an indication of the reason for submitting the declaration, selected from the reasons specified in subsection 10 above,
- a declaration of a price reduction, together with an indication of the reduced price, or a declaration of withdrawal from the Agreement.
- In the event of the User’s withdrawal from the Agreement, the Provider shall delete the Account promptly upon receipt of the withdrawal declaration.
- Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of the User’s withdrawal from the Agreement for the provision of the Service, the User is obligated to cease using the Service and making it available to third parties.
Section 8. Right of Withdrawal
- Pursuant to Articles 27 et seq. of the Consumer Rights Act, the User has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion.
- The User exercises the right of withdrawal by submitting a withdrawal declaration to the Provider. To meet the withdrawal deadline, it is sufficient to send the declaration before expiry of the period referred to in subsection 1 above.
- The withdrawal declaration may be submitted in any form, in particular using the form set out in Annex 2 to the Consumer Rights Act.
- Upon receipt of the withdrawal declaration, the Provider shall promptly send the User an acknowledgment of receipt by email.
- In the event of the User’s withdrawal from the Service Agreement, the Provider shall delete the Account promptly upon receipt of the withdrawal declaration.
Section 9. User Content and Reviews
- The User may submit a Review of the services provided by the Provider.
- A Review may be submitted in any manner, including by email.
- Submission of a Review does not impose an obligation on the Provider to publish it.
- A Review published by the Provider may be removed by the Provider at any time.
- The following User Content and Reviews are prohibited:
- containing false data, contrary to law, the Terms, or good practice,
- containing content intended to promote activities prohibited by law, inciting violence, hatred, or insulting any group of persons or individual,
- containing content that may infringe personal rights, copyrights, image rights, or other rights of third parties,
- containing advertising, promotional, political, religious, or discriminatory content,
- containing content promoting activities competitive with the Provider.
- Any person using the Application (hereinafter: the “Reporter”) is entitled to report User Content or a Review that may violate the Terms.
- Reports may be submitted by email to: info@spoknlog.com.
- A report should contain the following information:
- a sufficiently substantiated explanation of the reasons why the User Content or Review constitutes illegal content,
- a clear indication of the exact electronic location of the information, such as the exact URL(s), and, where appropriate, additional information enabling identification of the User Content or Review, according to its type and the Application’s functionality,
- the first and last name or business name and email address of the Reporter, except for reports concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU,
- a statement confirming the Reporter’s good faith belief that the information and allegations contained therein are accurate and complete.
- Upon receipt of a report, the Provider shall send the Reporter an acknowledgment of receipt to the email address provided.
- If a report does not contain the elements specified in subsection 8 above or contains errors, the Provider may ask the Reporter to supplement or correct the report within 14 days of receipt of the request. If the Reporter fails to supplement or correct the report within the period specified above, the Provider may leave the report without consideration.
- The Provider shall verify the reported User Content or Review within 14 days of receipt of a complete and correct report. As part of the verification process, if necessary, the Provider shall ask the Reporter to submit necessary additional information or documents. Pending the resolution of the report, the Provider may block the visibility of the User Content or Review.
- After verifying the report, the Provider shall:
- remove User Content or a Review that violates the Terms,
- restore User Content or a Review that does not violate the Terms (if its visibility was blocked during the verification stage), providing reasons for its decision.
- In the event of removal of User Content or a Review, the Provider shall promptly notify both the Reporter and the User who published the removed content, providing reasons for its decision.
- The Provider’s decision shall include:
- an indication of whether the decision involves removal, blocking visibility, demotion, or other measures referred to in the Terms in relation to the content, and, where applicable, the territorial scope and duration of the decision,
- the facts and circumstances on which the decision was based, including, where appropriate, whether the decision was made on the basis of a report or voluntary investigations initiated by the Provider, and, where strictly necessary, the identity of the Reporter,
- where applicable, information on the use of automated means in making the decision, including whether the decision was made in relation to content detected or identified using automated tools,
- if the decision concerns potentially illegal content, the legal or contractual basis on which the decision is based, and an explanation of why the content is considered illegal on that basis,
- clear, user-friendly information about the available appeal options.
- The User whose content was removed or the Reporter whose report was denied may appeal the Provider’s decision.
- Appeals may be submitted:
- by email: info@spoknlog.com,
- in writing, preferably by registered mail: ul. Sportowa 35, 55-040 Kobierzyce, Poland.
- An appeal should contain:
- the first and last name or business name of the appellant,
- contact details (email address, mailing address),
- a detailed justification of why the appellant considers the Provider’s decision to be incorrect and should be changed.
- The Provider shall promptly acknowledge receipt of the appeal by sending a notification to the email address provided by the appellant.
- Appeals shall be considered within 14 days of receipt, by an authorized team of the Provider (these actions shall not be performed in an automated manner without human involvement).
- The Provider shall notify the appellant of the decision made on the appeal by email, and if the reported content is simultaneously found to be illegal, shall take the measures provided for in the Terms.
- Submission of User Content or a Review is equivalent to the User’s declaration that they are its sole author. The User bears full responsibility for the User Content and the content of the Review and the consequences of its publication (including infringements of personal rights and intellectual property rights of third parties).
- Submission of a Review is equivalent to the User granting the Provider a royalty-free, exclusive license to use it without time or territorial limitations in the Provider’s promotional materials (hereinafter: the “License”).
- The License entitles the Provider to modify the Review if necessary for its dissemination in a particular manner, without changing its essence or content.
- The License authorizes the Provider to grant sublicenses to third parties of its choosing. Such sublicenses may be granted by the Provider for a fee or free of charge.
Section 10. Use of Artificial Intelligence (AI)
- The Provider informs that the Application uses artificial intelligence technologies to provide the Service:
- speech-to-text transcription — 4o-transcribe and Whisper models, provided by Microsoft Corporation through the Azure OpenAI Service,
- creation of semantic vectors (embeddings) — Embedding models, provided by Microsoft Corporation through the Azure OpenAI Service,
- intent classification, summary generation, and response generation — GPT models (Microsoft Corporation, through Azure OpenAI Service), Gemini (Google LLC), Qwen and GPT-OSS (Microsoft Corporation, through Azure OpenAI Service),
- text-to-speech synthesis — Azure Text-to-Speech (Microsoft Corporation) and Google Cloud Text-to-Speech (Google LLC) services,
- risk category under Regulation (EU) 2024/1689 of the European Parliament and of the Council (EU AI Act): minimal risk.
- The User acknowledges that results generated by AI:
- may contain errors, inaccuracies, or AI hallucinations (generation of content not grounded in fact),
- require human verification before use,
- do not constitute legal, medical, financial, or any other professional advice.
- The User undertakes to:
- verify all AI-generated results before using them,
- not rely exclusively on generated content when making decisions,
- comply with the AI Act transparency requirements with respect to third parties to whom they share AI-generated content.
- Data entered into the Application is processed in accordance with the two-tier model described in the Privacy Policy:
- voice recordings (audio) are transmitted to the Provider’s server and then forwarded to the Azure OpenAI Service solely for the purpose of obtaining a transcription; after the transcription is obtained, the recording is permanently deleted; the Provider does not store audio recordings,
- transcriptions and semantic vectors (Tier 1) are processed exclusively on Microsoft Azure infrastructure in the region corresponding to the User’s location (European Union or United States),
- derived data, such as summaries and search contexts (Tier 2), may be forwarded to external AI providers listed in subsection 1, item 3 for the purpose of generating responses,
- text-to-speech synthesis (TTS) is performed on text generated by the Provider’s system, not on raw User data,
- none of the AI providers use User data for training their models.
- To the extent permitted by applicable law, the Provider shall not be liable for:
- decisions made on the basis of AI-generated results,
- damage arising from incorrect or incomplete responses generated by AI.
- AI-generated content (in particular note summaries and answers to questions) constitutes part of User Content to the extent permitted by law. The User acknowledges that:
- AI-generated content may not be eligible for copyright protection,
- similar content may be generated for other users, and the Provider does not guarantee the uniqueness of results.
- The User undertakes to:
- verify that the content does not infringe the rights of third parties,
- label content as AI-generated where required by law.
Section 11. Liability and Service Levels
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The Provider undertakes to provide the Service with due diligence.
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To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Provider shall not be liable to the User for the consequences of:
- the User’s use of any services or features available within the Application in a manner inconsistent with their intended purpose,
- the User providing incorrect or false data,
- the use of Account access credentials by third parties, if such third parties obtained them as a result of disclosure by the User or as a result of inadequate protection by the User.
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To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Provider shall not be liable for disruptions in the functioning of the Application arising from:
- force majeure (which is also deemed to include the unavailability of APIs of key external service providers or a regulatory ban on the use of specific AI models),
- necessary maintenance work on the Application,
- causes attributable to the User,
- causes beyond the Provider’s control, in particular actions of third parties for which the Provider is not liable.
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The Provider undertakes to carry out the maintenance work referred to in subsection 3, item 2 above in a manner that is as minimally disruptive to Users as possible and, where feasible, to inform them of planned work in advance.
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The Provider undertakes to remedy disruptions in the functioning of the Application on an ongoing basis to the extent feasible.
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Upon termination of the Agreement, the Provider shall:
- provide access to data for 90 (ninety) additional days,
- delete data after that period — at the User’s request, this may be done earlier.
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The User may request a full data export before deletion.
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Additional Provisions for Users from Outside the European Economic Area (Disclaimer of Warranties):
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Provider does not warrant that the Service will operate uninterrupted, error-free, securely, or that results generated by artificial intelligence will be accurate, complete, or reliable.
This subsection does not apply to Users who are Consumers within the meaning of European Union law or Polish law, to the extent that the exclusion of warranties would be contrary to mandatory consumer protection provisions.
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Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER’S TOTAL LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE (INCLUDING LIABILITY IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE PROVIDER IN THE 12 (TWELVE) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD 100 (OR THE EQUIVALENT IN LOCAL CURRENCY), WHICHEVER IS GREATER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE LEGAL THEORY OF THE CLAIM.
This subsection does not apply to Users who are Consumers within the meaning of European Union law or Polish law, to the extent that the limitation of liability would be contrary to mandatory consumer protection provisions.
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Indemnification:
To the maximum extent permitted by applicable law, the User agrees to indemnify, defend, and hold harmless the Provider, its employees, contractors, and subcontractors from and against any and all claims, damages, costs, and expenses (including reasonable legal fees) arising from:
- the User’s breach of these Terms,
- the User’s use of the Service in a manner inconsistent with its intended purpose or applicable law,
- the User’s infringement of third-party rights in connection with the use of the Service.
This subsection does not apply to Users who are Consumers within the meaning of European Union law or Polish law.
- Class Action Waiver:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTES BETWEEN THE USER AND THE PROVIDER SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. THE USER WAIVES THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CONSOLIDATED PROCEEDINGS, OR REPRESENTATIVE ACTIONS AGAINST THE PROVIDER.
This subsection applies exclusively to Users who are residents of the United States of America, to the extent permitted by applicable state and federal law.
- If any provision of subsections 8–11 is found to be invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law (severability).
Section 12. Provider’s Intellectual Property
- All components of the Application, in particular:
- the Application name,
- the Application logo,
- photographs and descriptions,
- the operating principles of the Application, all its graphic elements, interface, software, source code, and databases — are protected under the provisions of the Polish Copyright and Related Rights Act of 4 February 1994, the Industrial Property Law Act of 30 June 2000, the Act on Combating Unfair Competition of 16 April 1993, and other generally applicable legal provisions, including European Union law.
- Any use of the Provider’s intellectual property without the Provider’s prior, express consent, in violation of these Terms, is prohibited.
Section 13. Out-of-Court Dispute Resolution
- The User has the option to use out-of-court complaint and claim resolution methods.
- Detailed information on the User’s options for using out-of-court complaint and claim resolution methods, and the rules of access to these procedures, is available at the offices and on the websites of:
- county (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection,
- Voivodeship Trade Inspection Inspectorates,
- the Office of Competition and Consumer Protection.
Section 14. Personal Data
Information on the processing of personal data by the Provider can be found in the Privacy Policy available at: [/privacy].
Section 15. Changes to the Service
- The Provider may make changes to the Service in the event of:
- the need to adapt the Service to new devices or software used by Users to access the Service,
- a decision by the Provider to improve the Service by adding new features or modifying existing features,
- a legal obligation to make changes, including the obligation to adapt the Service to the current legal requirements.
- Changes to the Service may not involve any costs on the part of the User.
- The Provider shall inform the User of changes to the Service by placing a notification within the Application. Additionally, information about changes may be sent to Users by email.
- If a change to the Service will materially and adversely affect access to the Service, the Provider shall inform the User of:
- the nature and date of the change, and
- the User’s right to terminate the Agreement with immediate effect within 30 (thirty) days of the change.
- The information referred to in subsection 4 above shall be sent to the User by email no later than 7 (seven) days before the change.
- Termination of the Agreement by the User pursuant to subsection 4, item 2 above shall be effected by submitting a termination declaration to the Provider. The declaration may be sent by email to the address specified in Section 1, subsection 5, item 1 of these Terms.
- Termination of the Agreement pursuant to subsection 4, item 2 above shall have the same effects as those provided for in Section 7 of these Terms in the event of withdrawal from the Agreement due to a Non-Conformity.
Section 16. Changes to the Terms
- The Provider may make changes to these Terms, including in the event of:
- a change in the Provider’s scope of business,
- the Provider commencing the delivery of new services, modifying existing services, or discontinuing their delivery,
- a technical modification of the Application requiring corresponding amendments to the Terms,
- a legal obligation to make changes, including the obligation to adapt the Terms to the current legal requirements.
- The User shall be informed of changes to the Terms by publication of the amended version within the Application. In addition, Users who have provided an email address shall receive the amended Terms by email.
- Agreements concluded before a change to the Terms shall be governed by the Terms in effect at the time of their conclusion.
- A User who does not agree to a change to the Terms may terminate the Application Agreement with immediate effect within 10 (ten) days of receiving notice of the change. Failure to terminate shall be deemed consent to the change.
- Termination of the Application Agreement shall be effected by submitting a termination declaration to the Provider. The declaration may be sent by email to the address specified in Section 1, subsection 5, item 1 of these Terms.
- Upon receipt of the declaration referred to in subsection 5 above, the Provider shall promptly delete the Account.
Section 17. Governing Law and Dispute Resolution
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The current version of these Terms is effective as of March 1, 2026.
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With respect to Users from the European Economic Area, the United Kingdom, and Switzerland:
- these Terms are governed by Polish law,
- any disputes shall be resolved through amicable negotiations, and in the absence of agreement — before a court of competent jurisdiction in accordance with the provisions of Polish law,
- the choice of Polish law does not deprive the Consumer of the protection afforded by the mandatory provisions of the law of the Consumer’s country of habitual residence.
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With respect to Users from the United States of America:
- these Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles,
- any disputes shall be resolved on an individual basis, in accordance with Section 11, subsection 11 of these Terms,
- for disputes not subject to the provisions of Section 11, subsection 11, the state and federal courts located in the State of Delaware shall have exclusive jurisdiction.
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With respect to Users from other countries:
- these Terms are governed by Polish law,
- any disputes shall be resolved before a court of competent jurisdiction in accordance with the provisions of Polish law,
- the choice of Polish law does not deprive the User of the protection afforded by the mandatory provisions of the law of the User’s country of habitual residence, where such law provides such a level of protection.
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Matters not regulated by these Terms shall be governed by the applicable law specified in subsections 2–4 above.
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If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that reflects the parties’ intent to the maximum extent possible (severability).