Terms of service

REGULATIONS OF THE WEBSITE AND THE "NUTRIBOT"

MOBILE APPLICATION

§ 1. DEFINITIONS

Whenever the following capitalized terms are used in these Regulations, they shall be understood as:

1) Application - a mobile application (available on Android and iOS platforms), produced by the Manufacturer under the name "NutriBot", which enables the Customer to access the Services provided by the Service Provider;

2) Personal Data - information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as first and last name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person;

3) Diet - the diet, the information about which is presented on the Website or Application and which may be the subject of a Customer Order;

4) Business Days - days from Monday to Friday, excluding public holidays in Poland;

5) Payment Services Provider - a payment services provider (within the meaning of the Act of 19 August 2011 on payment services) enabling the Customer to pay for the Order. The online payment service provider is Stripe Inc.

6) Customer - a natural person with full legal capacity, a legal person or an organisational unit without legal capacity, to which specific provisions grant legal capacity, using the Website or Application;

7) Civil Code - the Act of 23 April 1964 - The Civil Code;

8) Consumer - a natural person who performs a legal action with an entrepreneur which is not directly connected to his/her business or professional activity, using the Website or Application, or submitting an Order;

9) Account - an individual Customer account on the Website and Application, enabling the use of their functionalities, including submitting Orders;

10) Producer - the producer of the Application and the Website, ALTCONNECT sp. z o.o. with its registered office in Tarnów, KRS No.: 0000615780;

11) Interruption - a temporary interruption of the operation of the Website (including its individual subpages or functions) or the Application, which shall be necessary for technical reasons, e.g. in connection with maintenance, modification or repair of the Website or Application;

12) Regulations: these regulations;

13) Website - the website operated by the Service Provider at the URL: www.[●].pl;

14) Force Majeure - any external event of extraordinary or accidental nature which is beyond the control of the Service Provider and the Customer or cannot be prevented, including but not limited to riots, strikes, armed conflicts, states of emergency, natural disasters;

15) Sales Contract - a contract of sale within the meaning of the Civil Code of the Diet (or Diets) covered by the Order, concluded between the Customer and the Service Provider;

16) Services - services provided by the Service Provider to the Customer by means of the Website or Application, as listed in § 3 of these Regulations;

17) Service Provider - the company [●] with registered office in [●], address [●], ([●]) [●], entered in the Register of Entrepreneurs of the National Court Register, kept by the District Court [●] in [●], [●] Commercial Division of the National Court Register under KRS: [●], Tax Identification Number (NIP): [●], Statistical Identification Number (REGON): [●], share capital [●];

18) Act - the Act of 30 May 2014 on Consumer Rights;

19) Licence Conditions - the terms and conditions of the licence for the Application granted by the Manufacturer (as the copyright holder of the Application) to the Customer with the content specified by the Manufacturer and made available to the Customer;

20) Order - the Diet (or Diets) selected by the Customer as the subject of an offer made via the Website or the Application.

§ 2. GENERAL PROVISIONS

1. The Regulations set out the terms and conditions for the provision of electronic services by the Service Provider, in particular the rules of operation of the Website and Application, the manner and conditions for placing Orders, entering into agreements, payment for Orders, withdrawal from the Sales Contract, the Customer's right to cancel the Order and the rules for lodging complaints.

2. Service Provider's data:

1) Correspondence address/address for complaints:

[name of the Service Provider], [address];

2) Details for ongoing contact with the Service Provider:

e-mail: [●];

phone number: [●]; telephone contact is possible on days [●], hours [●]

3) Service Provider's bank account: [●].

§ 3. SERVICES

1. The Service Provider shall provide the following Services to Customers electronically:

1) via the Website:

a) making available at the Customer's request the content of the Website, including information on available Diets and invitations to submit offers as referred to in § 6 of the Regulations;

b) creating an Account pursuant to the principles set out in § 5 of the Regulations;

c) placing Orders pursuant to the principles set out in § 7 of the Regulations;

2) through the Application:

a) providing, at the Customer's request, information on the Services, including information on available Diets and invitations to submit offers referred to in § 6 of the Regulations;

b) maintaining and editing of an Account pursuant to the principles set forth in § 5 of the Regulations;

c) placing Orders pursuant to the principles set out in § 7 of the Regulations;

d) history of Orders;

e) change of the address of an Order;

f) cancellation of an Order;

g) adding Diet's exclusions;

h) evaluation of the meals;

i) filling in questionnaires;

j) news;

k) reminders of expiring Orders;

l) reminders to assess meals;

m) meal consumption reminders;

n) calorie needs calculator;

o) contact details of the Service Provider.

2. In addition to the services referred to in section 1 of this paragraph, it is possible to conclude Sales Agreements in the cases indicated in the Regulations.

3. The Services referred to in § 3 section 1 points 1 and 2 are provided free of charge, with the exception that the conclusion of a Sales Contract as a result of placing an Order is associated with the obligation to pay the price for the Order by the Customer.

4. The use of Services referred to in § 3 section 1 point 1a does not require placing an Order. The agreement for provision of Services referred to in the preceding sentence between the Service Provider and the Customer is concluded at the moment the Customer starts browsing the Website and expires when the Customer stops using the Services.

5. Access to the Services specified in § 3 (1) (1) (b) and (c) and (2) shall require the prior placement of an Order and, in the case of Services specified in § 3 (1) (2), downloading and installing the Application on the Customer's device and creating an Account. Downloading the Application is free of charge.

6. The Customer may use the Services at any time, subject to § 4 (3) of the Regulations. Orders shall be accepted and processed within the time limits specified in § 8 of these Regulations.

7. The Service Provider shall provide Services and conclude Agreements, including Sales Contracts in the Polish language.

§ 4. TECHNICAL REQUIREMENTS AND PRINCIPLES OF USING THE WEBSITE AND APPLICATIONS

1. In order to use the Website, the Customer should have the following equipment:

1) Computer or mobile device (e.g. smartphone, tablet) connected to the Internet and having software enabling access to the Website;

2) Internet browser with JavaScript and cookies enabled;

3) an active e-mail account.

2. In order to download and use the Application, the Customer should have the following equipment:

1) a mobile device (smartphone) with Android (version 5+) or iOS (version 11+), connected to the Internet;

2) an active e-mail account.

3) an active account in the Play Store or App Store.

3. The Service Provider is entitled to introduce an Interruption. The Service Provider shall inform the Customer of any planned Interruption, which may affect the normal use of the Website or the Application, by posting information about the planned Interruption on the Website.

4. In the event of a breakdown of the Website, the Service Provider shall make every effort to restore its functionality without delay.

§ 5. ACCOUNT

1. When placing an Order on the Website or by telephone or e-mail, the Customer may create an Account to access the Application.

2. An Account may be created:

1) through a form made available on the Website; after filling in the data required to place an Order indicated in § 7 section 3, ticking the checkbox stating: "I want to manage my diet from the level of the iOS / Android mobile application" and making declarations, including reading and accepting the Regulations; the Customer confirms the registration by clicking on the button with the content: "I am ordering with the obligation to pay"; at the moment of clicking, the first Order is placed and the agreement for the provision of services for maintaining the Account is concluded;

2) by e-mail or telephone contact with the Service Provider in accordance with the contact details specified in § 2 (2) (2) of these Regulations; after providing the data required to place an Order indicated in § 7 (3) and making the statements when logging in to the Application for the first time, including that he/she has read and accepts the Regulations; the Customer confirms the registration by tapping the button with the content: "I confirm"; at the moment of tapping, an agreement for the provision of services for maintaining an Account is concluded.

3. An Account may be created during the hours of acceptance of Orders specified in § 8(1) of the Regulations. The Service Provider shall endeavour to create an Account immediately after the request for its creation has been submitted.

4. The Account shall be set up once, and subsequent Orders shall be processed on the basis of the data provided during the Account registration.

5. Service Provider reserves the right to additional verification of the Customer's data provided when creating an Account, e.g. by telephone or email.

6. In the case of false data, the Service Provider has the right to refuse to set up an Account, notifying the Customer.

7. The Customer shall gain access to an Account in the Application by entering his or her login and password automatically generated during the registration process and sent by e-mail and/or SMS. The login and password are confidential. The Customer shall be liable for any damage caused by disclosure of his/her login and password to third parties.

8. The Customer is obliged to update his/her data provided when creating the Account, each time it changes. The Customer shall be liable for failure to update the data.

9. The agreement for maintaining an Account is concluded for an indefinite period. The Customer shall be entitled to close his Account at any time by sending a request for Account closure to the following address: [●]. With an Account closure the agreement for the provision of services for maintaining an Account shall be terminated.

§ 6. OFFER

1. The diets presented on the Website or Application do not constitute a commercial offer in the meaning of the Civil Code, but constitute an invitation to submit offers by the Customers.

2. By placing an Order, the Customer places an offer to purchase a given Diet on the conditions specified in the Regulations and on the Website or Application.

3. The Diet consists of a set of meals with specific characteristics (e.g. vegetarian diet, gluten-free diet, sports diet, etc.), the number of dishes per day, delivery dates. By means of the tools made available on the Website and Application or through a telephone conversation or email contact, the Customer may determine the parameters of the Diet, including those mentioned in the previous sentence.

4. The Service Provider shall make available, via the Website and the Application, information on the diets, in particular the information on the ingredients of the meals and their properties, including nutritional value, the method of their storage, the shelf life of the ingredients included in the meals and others.

5. As the meals include food products, after delivery they should be stored in appropriate conditions in accordance with the instructions on the packaging.

6. The Service Provider is not responsible for the Customer's health contraindications regarding nutrition,

which the Customer should consult with his/her doctor or dietician before using the Diet. The Service Provider informs that the meals included in the Diets are not custom-made for the Customer and therefore may not take into account the Customer's health conditions. The Customer is solely responsible for adapting the Diet to his/her needs and health contraindications.

§ 7. PLACING AN ORDER AND CONCLUDING A SALES CONTRACT

1. Orders may be placed by Customers who have an Account, as well as by Customers who do not have an Account.

2. Placing an Order is conditional on knowing and accepting the Regulations, as well as consent to the processing of personal data and contact of the Service Provider with the Customer in connection with the submission of the Order and conclusion of the Sales Contract.

3. Placing an Order requires the following data:

1) choice of type of the Diet;

2) choice of variant and calorie content of the Diet;

3) choice of additives (optional);

4) choice of delivery days;

5) first and last name;

6) telephone;

7) e-mail;

8) company name and Tax Identification Number (NIP) (in the case of a company);

9) data for an invoice (optional);

10) delivery address;

11) additional information on the delivery method (cage, floor, code to the cage, code to the gate, preferred delivery times, place of delivery, etc.);

12) payment method.

4. Orders may be placed in one of the following ways:

1) through the Website;

2) via the Application;

3) by e-mail or telephone contact with the Service Provider in accordance with the contact details specified in § 2 (2) (2) of the Regulations.

5. Orders may be placed at the following times:

1) via the Website or Application - 24 hours a day, 7 days a week;

2) by e-mail or telephone - within the time limits specified in § 2 section 2 item 2 of the Regulations.

Orders shall be accepted and processed pursuant to the principles and within the time limits specified in § 8 of the Regulations

6. After placing an Order the Customer shall receive a confirmation of the Order at the e-mail address and/or telephone number assigned to the Account or indicated when placing the Order (in the case of Customers without an Account).

7. The Sales Contract is concluded at the moment when the Customer receives confirmation of the Order, in accordance with section 6 of this paragraph.

8. The Service Provider reserves the right to additional verification of Order details, e.g. by telephone contact with the Customer.

9. In the event that the Service Provider fails to confirm acceptance of the Order within [●] days in the manner referred to in section 6 of this paragraph, the Sales Contract shall not be concluded, any payments made for the unaccepted Order shall be immediately refunded to the Customer.

§ 8. PROCESSING THE ORDER

1. Orders will be executed in Poland, in the area of the following cities:

1) Warsaw;

2) Cracow;

3) [●];

4) and neighbouring localities, a detailed list of which can be found on the Website and in the Application in the field City of delivery address.

2. Orders are processed on days selected by the Customer when placing the Order, subject to the fact that the first day of processing the Order depends on the day and time of placing the Order in accordance with the table below:

Day of placing the order	Cut-off hour	Processing day (an order before the cut-off time)	Processing day (an order after the cut-off time)
Monday	12:00	Wednesday	Thursday
Tuesday	12:00	Thursday	Friday
Wednesday	12:00	Friday	Saturday
Thursday	12:00	Saturday	Sunday
Friday	12:00	Sunday	Monday
Saturday	12:00	Monday	Tuesday
Sunday	12:00	Tuesday	Wednesday

3. Orders for Saturday and Sunday are/are not accepted.

4. The minimum number of days of an Order is 5 days.

5. The maximum number of days for an Order is 30 days.

6. The Customer may place a test Order for a maximum of 1 day.

7. Orders are delivered by drivers on the same day / the day before at [●].

8. Orders for Saturday and Sunday are delivered [●].

9. The Service Provider may agree with the Customer a new deadline for completion of the Order in case the Order cannot be completed within the original period due to reasons beyond the control of the Service Provider, of which the Customer shall be immediately informed.

10. The execution time of an Order may change due to the execution of other Orders, the sequence of the Orders or traffic difficulties.

11. In the event that it is not possible to carry out the Order, in particular due to the exhaustion of ingredients included in the ordered Diet or placing an Order outside the serviced area, the Service Provider will inform the Customer about this by phone or e-mail. In the situation referred to in the previous sentence, the Service Provider shall refund the amount paid to the Customer immediately, but no later than within 7 days.

12. When placing an Order, the Customer specifies the method of its collection. The following options are possible:

1) personal collection by the Customer (or a person indicated by the Customer);

2) leaving the Order at the place indicated by the Customer (e.g. staircase, reception).

13. The Service Provider shall not be liable for non-delivery of a Order due to an incorrect delivery address provided by the Customer. Failure to collect the Order by the Customer (or a person authorised by the Customer) at the place and time specified in the Order does not relieve the Customer from the obligation to pay for the Order.

14. If the delivery option consists in leaving the subject of the Order at the place indicated by the Customer, the Service Provider shall not be liable for the subject of the Order from the moment of leaving it at the place indicated by the Customer, in particular for its theft or destruction. Leaving the Order at the place indicated by the Customer is always at the Customer's risk.

§ 9. CHANGE AND CANCELLATION OF AN ORDER

1. The Customer has the right to change the Order under the conditions specified in this paragraph.

2. A change to an Order may concern the following parameters of the Order:

1) Address and method of delivery;

2) Exclusions from the Diet;

3) Cancellation of delivery for a given day (selection of another delivery day);

4) [●]

3. An instruction to change an Order may be submitted via the Application and by e-mail or telephone contact with the Service Provider in accordance with the contact details indicated in § 2(2)(2) of the Regulations.

4. The execution of the instruction to change the address and method of delivery depends on the day and time of submission of the instruction according to the table below:

Day of placing an instruction	Cut-off hour	Processing day (an instruction before the cut-off time)	Processing day (an instruction after the cut-off time)
Monday	12:00	Wednesday	Thursday
Tuesday	12:00	Thursday	Friday
Wednesday	12:00	Friday	Saturday
Thursday	12:00	Saturday	Sunday
Friday	12:00	Sunday	Monday
Saturday	12:00	Monday	Tuesday
Sunday	12:00	Tuesday	Wednesday

5. The execution of an instruction to cancel a delivery or add exclusions to a Diet depends on the day and time of submission of the instruction according to the table below:

Day of placing an instruction	Cut-off hour	Processing day (an instruction before the cut-off time)	Processing day (an instruction after the cut-off time)
Monday	12:00	Wednesday	Thursday
Tuesday	12:00	Thursday	Friday
Wednesday	12:00	Friday	Saturday
Thursday	12:00	Saturday	Sunday
Friday	12:00	Sunday	Monday
Saturday	12:00	Monday	Tuesday
Sunday	12:00	Tuesday	Wednesday

6. A change to the Order may involve a change to the price of the Diet or delivery costs. The Customer shall be informed of this fact by the Service Provider. If the price increases as a result of the change, the Customer shall be obliged to pay the difference in accordance with the payment method selected when placing the Order, unless the Parties agree on another form. If, after the change, the price is lower than that originally agreed, the Service Provider shall immediately refund the overpayment to the Customer in accordance with the payment method selected when the Order was placed, unless the Parties agree on another form.

§ 10. PRICES, DELIVERY AND PAYMENT COSTS

1. The prices displayed on the Website and Application include VAT (gross prices) and are given in Polish zloty.

2. The cost of delivery of an Order may vary depending on the choice of the locations indicated in § 8 section 1 of the Regulations. The possible additional cost of delivery shall be specified on the Website and Application for each locality on the list of choices and in the summary of the Order. The delivery costs shall be borne by the Customer.

3. The Customer may choose the form of payment for the Order from the following:

1) online payment via Payment Service Provider (Apple Pay, Google Pay, BLIK, Payment Cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro);

2) bank transfer;

3) payment in cash upon receipt of the first Order.

4. The Customer may obtain a discount for placing an Order for more than 7 days under the conditions and in the amount specified on the Website and Application.

5. The Customer may obtain a discount for placing an Order for more than 1 Diet to the same address under the conditions and in the amount specified on the Website and the Application.

6. Sales Contracts concluded through the Website, Application and by e-mail or telephone contact with the Service Provider shall be documented in accordance with applicable regulations, in particular by issuing a receipt or invoice.

7. If it is necessary to refund a transaction made by the Customer, the Service Provider shall refund the payment using the same method of payment used by the Customer, unless the Customer has expressly agreed to a different method of refund that does not involve any costs.

§ 11. RIGHT OF WITHDRAWAL

1. Under Article 27 of the Act, the Consumer who has entered into a remote or off-premises agreement, may within 14 days withdraw from it without giving any reason and without bearing any costs, except for the costs referred to in Article 33, Article 34 section 2 and Article 35 of the Act.

2. Pursuant to Article 38 of the Act, the consumer shall not have the right to withdraw from an off-premises or distance agreement referred to in Article 27 of the Act with respect to, inter alia, agreements

1) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the consumer, who was informed before the performance of the service by the entrepreneur that after the performance of the service by the entrepreneur, he will lose the right to withdraw from the agreement;

2) where the price or remuneration is dependent on fluctuations in the financial market which are not controlled by the entrepreneur and which might occur before the end of the withdrawal period;

3) where the subject of the performance is a non-refabricated item produced according to the consumer's specification or serving to satisfy his individual needs;

4) where the subject of the performance is a fast deteriorating item or an item with a short shelf life;

5) where the subject of the performance is an item supplied in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package has been opened after delivery;

6) where the subject of the performance are items which after delivery, due to their nature, are inseparably connected with other items;

7) where the subject of the performance is alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the value of which depends on fluctuations in the market which cannot be controlled by the entrepreneur;

8) where the consumer has explicitly requested that the entrepreneur visit him for the purpose of carrying out urgent repairs or maintenance; if the entrepreneur provides services in addition to those requested by the consumer or supplies items other than replacement parts necessary for carrying out the repairs or maintenance, the consumer shall have a right of withdrawal in respect of those additional services or items;

9) where the subject matter of the performance is a sound or visual recording or computer software supplied in a sealed package, if the package has been opened after delivery;

10) for the supply of newspapers, periodicals or magazines, except for subscription contracts;

11) concluded by way of a public auction;

12) for the provision of services in the field of accommodation, other than for residential purposes, carriage of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;

13) for the supply of digital content which is not recorded on a tangible medium where the performance has commenced with the consumer's express consent before the end of the period for withdrawal from the contract and after the entrepreneur has informed the consumer of the loss of the right of withdrawal.

3. If a Sales Contract concluded through the Website or Application meets one of the conditions specified in section 2 of this paragraph, in particular if the Diet includes the products with the characteristics indicated in point 4 or 5 of section 2, the Consumer shall not have the right to withdraw from the Contract.

4. To exercise the right of withdrawal from the Sales Contract, the Consumer shall inform the Service Provider of his/her decision by submitting a declaration of withdrawal from the Sales Contract before the expiry of the time limit indicated in section 1 of this paragraph. The Consumer, making a declaration of withdrawal from the Sales Contract, may use the template available here. The use of the template indicated above by the Consumer is not mandatory.

§ 12. COMPLAINTS

1. Under the terms of this paragraph, the Customer may file a complaint regarding the Services specified in the Regulations, as well as defects in the subject of the Sales Contract.

2. The complaint shall be submitted to the email address of the Service Provider indicated in § 2 section 2 point 2 of the Regulations or by mail or courier to the address of the Service Provider indicated in § 2 section 2 point 1 of the Regulations. A complaint should include the following details of the Customer: first and last name, email address, description of the case and in the case of a complaint regarding a Sales Contract, proof of concluding the Contract.

3. Except for the situation referred to in section 6 of this paragraph, the Service Provider is obliged to respond to the complaint within 30 days of its receipt. The response to the complaint shall be provided by the Service Provider to the Consumer on paper or another durable medium.

4. The Service Provider is obliged to provide the Customers with the subject of the Sales Contract without defects. The Service Provider shall be liable to the Customer who is the Consumer under the warranty for physical or legal defects of the subject of the Sales Contract under the principles laid down in the Civil Code.

5. The Service Provider shall not be liable under the warranty for defects of the subject of the Sales Contract to the Customers who are not Consumers.

6. A response to a claim relating to defects of the subject of the Sales Contract shall be provided within 14 days from the date of its submission.

§ 13. OUT-OF-COURT SETTLEMENT OF DISPUTES

1. The Consumer, after completing the complaint procedure, has the right to use out-of-court complaint handling and assert claims, whereby the Consumer:

1) is entitled to apply to the permanent amicable consumer court acting at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Contract;

2) has the right to apply to the provincial inspector of the Trade Inspection to initiate the mediation proceedings for amicable settlement of the dispute between the Consumer and the Service Provider;

3) may obtain free assistance in resolving a dispute between the Consumer and the Service Provider, using also the free assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers). Advice is provided by the Federation of Consumers at the free-of-charge consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address porady@dlakonsumentow.pl.

2. The list of institutions dealing with out-of-court settlement of consumer disputes, together with a list of the type of cases is available on the website of the Office for Competition and Consumer Protection at www.uokik.gov.pl.

3. The consumer may use out-of-court means of dealing with complaints and asserting claims also through the ODR platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). If the Consumer wishes to make use of the possibility for amicable resolution of disputes concerning online purchases, he can submit his complaint via e.g. the EU online ODR platform, available at https://ec.europa.eu/consumers/odr/. The ODR platform is designed to facilitate the independent, impartial, transparent, effective, fast and fair out-of-court online resolution of disputes between consumers and entrepreneurs concerning contractual obligations arising from online sales contracts or service contracts concluded between consumers residing in the EU and entrepreneurs established in the EU.

4. The use of available out-of-court means of dealing with complaints and pursuing claims is voluntary, which means that both parties have to agree to its use.

§ 14. LIABILITY

1. The Service Provider shall be solely responsible for the provision of the Services specified in the Regulations. The Website and Application have been created by the Producer with due diligence, using the best knowledge available to the Producer and tested using the tools available to the Producer, however, the Producer and the Service Provider shall not be liable for any damage related to the use of the Website or Application. The Producer and the Service Provider shall not be liable for defective operation of the Website or the Application if it is due to the conduct of the Customer or a third party.

2. The Service Provider shall not be liable for non-performance or improper performance of the agreements set out in the Regulations if this has been caused by circumstances of Force Majeure.

3. The Service Provider shall not be liable for non-performance or improper performance of the obligations of the agreements set out in the Regulations to the extent caused by the Customer's failure to fulfil its obligations.

§ 15. LEGAL DISCLAIMERS

1. The Customer shall use the Website and the Application in accordance with their intended purpose, the provisions of the Regulations, the law and the principles of community life.

2. The Customer shall be prohibited from delivering via or using the Website or Application any unlawful content not related to the subject matter of the Website or Application, including in particular content that is offensive, pornographic, inciting hatred, vulgar, untrue, potentially misleading, containing viruses or malware, or violating the generally applicable law, third party rights, decency or false information detrimental to the good name of the Service Provider or Producer.

3. The Producer is the owner of the intellectual property rights to the Website and the Application, including the copyrights. All technical solutions, graphic elements and other elements of the Website and Application, in particular HTML codes, CSS sheets and JavaScript scripts, are subject to legal protection, in particular from the point of view of copyrights held by the Producer. The provision or transfer of such materials to the Customers shall not constitute a grant or transfer of rights to these elements, unless otherwise expressly stated by the Producer. In using the Application, the Customer shall comply with the Licence Terms and Conditions provided by the Producer.

4. The Service Provider is the owner of the logotypes, markings, elements of visual identification identifying the Service Provider on the Website and Application, as well as all regulations and information concerning the provision of the Services. This applies in particular to all materials and works which will be made available or provided to Customers as part of the provision of Services. The provision or transfer of such materials to Customers shall not imply the granting or transfer of rights to these elements, unless expressly stated otherwise by the Service Provider.

5. Copying, reprinting or use to any extent of the materials or data available on the Website or Application shall always require the written consent of the Service Provider. In particular, it is forbidden to download, process and use the data and other information available on the Website or Application for the purpose of making them available on other websites and web portals, as well as offline, and in any other manner which violates the interests of the Service Provider or the Producer.

§ 16. THREATS

1. The Customer, like any other Internet user, is subject to risks associated with the use of the Internet. The main threat to any Internet user is the possibility of "infecting" the ICT system with software designed primarily to cause damage, such as viruses, "worms" or "Trojan horses". In order to avoid any related risks, including those arising when opening e-mails, the Customer is advised to equip his/her computer, which is used to connect to the Internet in order to use the Website, with anti-virus and firewall software and to keep it updated.

2. The Service Provider also informs that particular threats related to the use of the Website are associated with the activity of the so-called hackers aiming to break into the system of both the Service Provider (e.g. attacks on its websites), and the Customer.

3. The Service Provider informs that it applies modern protection technologies in order to minimize the risks referred to in sections 1 and 2 of this paragraph, however there is no way to completely and fully protect against the described undesirable activities.

§ 17. PERSONAL DATA

1. The Controller of the collected Personal Data is the Service Provider.

2. The rules of the Service Provider's privacy policy and cookies policy can be found in a separate document "Privacy and cookies policy", located at the following address: Privacy Policy.

§ 18. AMENDMENT TO THE REGULATIONS

1. The Service Provider reserves the right to amend these Regulations in justified cases, including in particular:

1) a change in the technical conditions of functioning of the Website or Application, including those related to technical or technological progress;

2) a change in the conditions of use of software or devices used for the operation of the Website or Application, including changes made by producers or entities holding rights to software or devices;

3) the issuance of decisions or rulings by authorised state authorities that affect or may affect the content of the Regulations or the functioning of the Website or the Application;

4) Force Majeure;

5) formal or organisational changes of the Service Provider affecting the operation of the Website.

2. The Service Provider shall inform the Customers of amendments to the Regulations by posting the relevant information on the Website and sending an e-mail to the Customers.

3. Amendments to the Regulations shall become effective 14 days after the date of notification of their introduction in accordance with section 2 of this paragraph, subject to section 4 of this paragraph.

4. The Customer shall be obliged to comply with the Regulations in force at the time when he uses the Website or Application or places an Order.

5. Sales Contracts concluded before the amendment of the Regulations shall be governed by the existing provisions of the Regulations.

§ 19. FINAL PROVISIONS

1. Before using the Website or Application, the Customer shall be obliged to read the provisions of the Regulations.

2. In the event that the competent authority or the court by a final decision or ruling declares one of the provisions of the Regulations invalid, the remaining provisions of the Regulations shall remain in force.

3. The Service Provider shall make the Regulations available on the Website on a continuous basis, free of charge, including prior to the conclusion of the Agreement, as well as at the request of the Customer in a manner that allows the acquisition, reproduction and recording of the content of the Regulations by means of an ICT system used by the Customer.

4. For the purposes of performing the Regulations and the Agreement, Polish law applies.

5. The Regulations shall enter into force on [●].