Terms of Service for 4grosze

§1. General Provisions

These Terms of Service (hereinafter: "Terms") define the rules for using the 4grosze application, as well as providing services electronically through it. The Terms are effective from the moment of creating an account in the Application and its acceptance by the User.

These Terms of Service constitute the terms and conditions referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended – hereinafter the Act on Electronic Services).

§2. Definitions

Service Provider - MektoSoftware Tomasz Krzyszczyk, Słoneczna 42, 42-248 Wola Mokrzeska, Poland, Tax ID: 9491838845, Business ID: 241266926

User - a natural person using the Application

Application - software named 4grosze provided by the Service Provider, installed on a device with Android or iOS system or accessible through a web browser at https://4grosze.pl

Website - the Application's website operating at https://4grosze.pl enabling Users to access Services

Services - services provided electronically through the Application

Agreement – an agreement for the provision of electronic services concluded between the User and the Service Provider under the terms specified in the Terms of Service

Platform - iOS or Android system on which the Application can be downloaded and installed; this term also refers to a web browser on any operating system

Subscription - a fee paid by the User for the provision of Services

Price List - a document made available in the Application and on the Website specifying the amount of current Subscription fees for using 4grosze Services

§3. Terms of Service Provision and Conclusion and Termination of Agreements

  1. Using the Services available through the Application requires registration of a User account, and in the case of paid Services, also payment of a Subscription.

  2. Upon registration of a User account in the Application, an Agreement for the provision of electronic Services is concluded between the Service Provider and the User, the subject of which is maintaining the User account. The User account maintenance service is provided by the Service Provider until the User submits a request to delete the User account (independently in the Application or via email to the Service Provider's address). The User account maintenance service is free of charge.

  3. In the case of paid Services, the User is obliged to pay in advance for the Subscription for the billing period selected by them, in accordance with the Price List or individual arrangements with the Service Provider. The conclusion of an agreement for the provision of electronic Services in the case of paid Services occurs at the moment of confirmation of funds being credited to the Service Provider's account. The User receives an automatic notification to their email address with information about service activation. The agreement for the provision of paid Services is terminated upon expiration of the time for which the User paid the Subscription fee, unless this period has been extended before the expiration date of the Agreement.

  4. The User may at any time independently delete their User account in the Application, thereby terminating the concluded Agreements, using the dedicated "Delete Account" button in the profile of the User account, with the reservation that the User is not entitled to a refund of the paid Subscription for the unused part of the billing period.

§4. Application and User Account

  1. The User acknowledges that access to functionality through the Application and/or Website may differ depending on the Platform they use.

  2. The User account available on the Website and in the Application is the same account, and logging into it through the Application is done using the same access credentials (login and password).

  3. The User may stop using the Application at any time by uninstalling it from their mobile device, which is not associated with deleting the user account on the Website.

  4. The User is obliged to use the Application in a manner consistent with the Terms, regulations of the stores from which it was downloaded, and generally applicable law.

§5. Payments and Trial Period

  1. Part of the Application's functionality is available only to Users who have paid for a Subscription. The amount of Subscription fees and a description of functionality available within the Subscription is presented in the Price List.

  2. Subscription fees may differ slightly depending on the Platform on which the User makes a payment, i.e., whether the payment is made through a store (Google Play or App Store) or the Website. Each time before making a payment, the User should verify the amount of fees in the Price List on the Website or in the Application on the device on which they want to make a purchase.

  3. The User has the opportunity to familiarize themselves with functionality requiring an active Subscription during a one-time trial period, which begins upon creation of the User account. Information about the length of the trial period, current as of the date of User account creation, is available in the Price List.

  4. The User can pay for the Subscription through the Website or through a software distribution store (Google Play or App Store) appropriate for the operating system of the device on which the Application is installed.

  5. The Subscription fee is paid in advance for the selected billing period.

  6. When purchasing a Subscription through the Website, the User may receive a VAT invoice upon request. The invoice is sent electronically to the email address provided with the order within 3 business days from the date of payment.

  7. The date of Subscription payment through the Website is considered to be the date of crediting funds to the Service Provider's bank account. If payment is not completed within 2 business days from the start of the order, the order will be cancelled.

  8. When purchasing a Subscription through Google Play or App Store stores, payment confirmation and invoice is provided through these stores. Purchases through Google Play and App Store are subject to the terms and conditions of these stores.

  9. Changes in the Price List do not constitute grounds for changes to these Terms of Service.

§6. Withdrawal from Agreements

  1. This section of the Terms applies only to Users who are Consumers within the meaning of Article 221 of the Civil Code and only to orders made through the Website. Orders made through Google Play and Apple Store are subject to the respective terms and conditions of these stores, and therefore different return and withdrawal policies.

  2. Within 14 days of concluding Services or within 14 days from the date of payment by the User for the Subscription on the Website, the User who is a Consumer may withdraw from the Agreement without giving a reason. The User withdraws from the Agreement by submitting to the Service Provider an unequivocal statement of withdrawal. The statement may be submitted electronically to the email address [email protected] (recommended form) or in writing, by sending the statement to the Service Provider's registered address.

  3. The Service Provider will promptly send the User confirmation of receipt of the statement of withdrawal from the Agreement. Confirmation will be sent electronically to the User's email address used to submit the statement, and in the case of submitting a statement in writing, to the User's email address that is their login in the Application.

  4. In the case of submission by a User who is a Consumer of a statement of withdrawal from the Agreement in the manner and within the time limit indicated in this section, the Agreement is considered not concluded. The Service Provider, within 14 days of receiving the statement of withdrawal, will refund to the User all payments made by them under the Agreement from which they are withdrawing (if applicable). The refund will be made using the same payment method originally used by the User.

  5. Withdrawal from the Agreement by the User is equivalent to exclusion of the Service to which the Agreement relates from the User.

§7. Processing and Protection of Personal Data

  1. The controller of personal data is the Service Provider, i.e., Tomasz Krzyszczyk conducting business activity under the name MektoSoftware Tomasz Krzyszczyk with registered office in Wola Mokrzeska (42-248), Słoneczna 42, Poland, registered in the Central Register and Information on Economic Activity, using Tax ID number 9491838845.

  2. Providing personal data is voluntary, however, their absence prevents use of some Application Services. The Service Provider processes personal data provided by the User exclusively for the purpose of proper provision of Services.

  3. The Controller processes personal data of Users in compliance with the requirements of currently applicable regulations, in particular GDPR, the Act of May 10, 2018 on the protection of personal data, as well as the Act of July 18, 2002 on the provision of electronic services and the Act of July 16, 2004 Telecommunications Law.

  4. The Controller ensures the application of appropriate technical and organizational measures ensuring the security of processed personal data, in particular preventing access to them by unauthorized third parties, or their processing in violation of generally applicable law, preventing loss of personal data, their damage or destruction.

  5. The principles of personal data processing have been regulated in the Privacy Policy.

§8. Complaints

  1. Complaints regarding Services, as well as those related to billing, may be submitted by the User via email to [email protected].

  2. Complaints will be processed promptly, no later than within 14 calendar days from the date of receiving the complaint.

  3. In order to efficiently resolve the issue, the User is asked to present all important facts that are related to the case.

§9. Service Provider's Liability

  1. The Service Provider conducts ongoing supervision over the technical functioning of the Application, ensuring the correctness of its operation. However, the Service Provider does not guarantee constant availability of all Application functions, as well as their error-free operation.

  2. The User uses the Application voluntarily, at their own risk. The Service Provider's liability for any damage arising in connection with the use of the Application, and in particular the lack of its functioning, as well as improper functioning is excluded to the widest extent legally permissible.

  3. The Service Provider is not liable for limitations or technical problems in ICT systems used by Users' devices, which prevent or limit Users from using the Application and Services offered through it. The Service Provider is not liable for the quality, performance, or accuracy of the Application that is unsatisfactory to the User.

  4. Interruptions in the Application's operation may occur due to technical reasons, in particular resulting from the necessity of maintaining the Application or supporting systems.

  5. The Service Provider is not liable for the User's use of the Application in a manner contrary to its intended purpose.

§10. Final Provisions

  1. The Service Provider reserves the right to make changes to the content of the Terms while maintaining rights acquired by Users before the introduction of changes.

  2. The Service Provider informs Users about changes to the Terms at Application startup, displaying the content of the amended Terms. In the event that the User does not agree to the change in Terms, they have the right to terminate the agreement for the provision of electronic services. The agreement for the provision of electronic services is terminated from the moment the Service Provider receives information about the User's termination of the agreement. After receiving the termination, the Service Provider will immediately delete the User's account. In case of non-acceptance of changes to the Terms, the User cannot use the Application on previous terms, nor demand a refund of the paid Subscription for the unused part of the billing period.

  3. If any of the provisions of the Terms are or become invalid or ineffective, this does not affect the validity of its remaining provisions.

  4. All disputes arising between the Service Provider and Users will be resolved amicably, and in case of inability to reach an agreement, the dispute will be resolved by a common court with local jurisdiction over the Service Provider's registered office.

  5. In matters not regulated in the Terms, the relevant provisions of Polish law apply.