Terms and Conditions for the provision of
Date of last update: 23.08.2023r.
The below Terms and Conditions for the Provision of Services of the ViralTalk platform (the
"Terms and Conditions") constitute the body of a legally binding agreement between: (a)
recipient of the service, i.e. you personally as a natural person with full legal capacity or other
natural person duly represented by you in this respect, a legal person or another organizational
unit to which the law grants legal capacity ("you", "Service
Recipient"), and (b) the service
provider, i.e. ViralTalk sp. z o.o. with its registered office in Toruń, 14 Astrowa Street, 87-100
Toruń, Poland, NIP tax ID no.: 521-391-23-93, KRS registry no.: 0000869027, share capital
10.150,00 PLN, e-mail address: firstname.lastname@example.org ("we", Service
regarding your access to and use of our websites and any other digital media connected or
otherwise associated with it (including a mobile website or a mobile application) (the
"Platform"), and the services offered through them - on the terms set forth below.
Whenever the provisions of these Terms and Conditions refer to the below, the following
definitions shall apply:
Consumer - means a natural person who is a consumer in the sense given by the provisions of
the Polish Civil Code, or a natural person engaged in business activity, for which the contract
does not have a professional character, and to whom the consumer regulations shall apply as
per applicable law.
Content - means the content of the Platform, i.e. its individual resources and the arrangement
links between them, including the website and other software together with the relevant source
code, databases, functionalities, user interfaces, text and static and dynamic visual and audio
elements accessible through and within the Platform, and in particular materials that constitute
copyrighted works, including those expressed in words, mathematical symbols, graphic signs,
pieces of art and photography, audiovisual and multimedia works.
Agreements - means contracts entered into with us based on these Terms and Conditions and
any further terms of services to which these Terms and Conditions may refer, the content of
which is communicated to you prior to their conclusion and use of such Services (e.g. by placing
Services - means the services we provide to you electronically through the Platform and,
accordingly, other Services we may provide to you based on these Terms and Conditions.
User - means any natural person with full legal capacity using the Platform.
Marks - means trademarks, including service marks, which are signs of the Services and the
Service Provider, in particular the word mark and the ViralTalk logotype.
provide. In particular, the Terms and Conditions establish the rules for the conclusion, execution
and termination of Agreements based on them. In doing so, the Terms and Conditions set forth
the rules for our provision of Services electronically on the Platform, in particular, the types and
scope of such Services, the terms and conditions for their provision, the technical requirements
necessary for cooperation with the Platform, the terms and conditions for the delivery and use
of Content, the terms and conditions for the conclusion and termination of Agreements for the
provision of such Services, and the procedure for complaints.
The Terms and Conditions are made available to Users via the Internet. The Terms and
Conditions remain available at any time at https://www.viraltalk.app.
The Terms and Conditions
may be obtained from this source, recorded and reproduced in any form, including by printing or
Acceptance of the Terms and Conditions by the Recipient is a condition of using the Platform.
Users using the Services and Service Recipients entering into Agreements are required to abide
By using the Platform, you represent and warrant that:
All information you provide to us, including information entered on the Platform, will be
true, accurate, complete and up to date.
You will maintain the genuineness , accuracy, validity and completeness of such information, if
necessary by updating it without undue delay.
You have full legal capacity, have familiarized yourself with the Terms and Conditions and agree
to abide by them.
In the case of acting on behalf of another natural person, legal entity or, respectively,
organizational unit granted legal capacity by law - you are properly authorized to represent it.
You shall not access the Platform other than through actions performed personally by an
authorized person using the Platform interface provided by us to Users; in particular, you agree
not to use data mining tools, robots, or similar tools for data extraction, collection, and
(such as bots, scripts, crawlers, or scrapers).
You will not use the Site for any illegal or unauthorized purpose, and your use of the Site will
violate any applicable laws or rules of social coexistence (including netiquette and Internet
Any User and Service Recipient may contact the Service Provider. The contact details of the
Service Provider, including the e-mail address, as well as further identifying information (in
particular, details about the company, the authority that registered the business, as well as the
number under which it was registered), can be found in these Terms and Conditions. Contact
with us may also be made using the functionality of the Platform through an appropriate form
for submitting inquiries, if such functionality has been made available.
Communication with the User and the Service Recipient is carried out using their contact
information provided when accessing the Platform or the Services or in the course of
Access to and use of the Platform and the Agreements entered into with us under these Terms
and Conditions are governed by Polish law - on a choice of law basis, to the express exclusion of
conflict of law rules of private international law designating non-Polish law. Persons who access
and use the Platform from locations other than Poland are solely responsible for the compliance
of all of their actions with the requirements of non-Polish law, if and to the extent that such
foreign law applies to them.
Types and scope of services and functionalities
Using the ViralTalk Platform allows you to analyze past, ongoing or future advertising campaigns
on the TikTok platform ("TikTok") provided by an unaffiliated third party:
The Basic Service under the Platform consists of providing functionality for analytical
processing of data of advertising campaigns run on TikTok ("Campaigns"),
entered into the
Platform by you directly from TikTok resources at your disposal, including from TikTok
resources provided to you by third parties with whom you cooperate, through the
functionality of your TikTok business account.
− By using this Service, you consent to the use of verification mechanisms provided to you
by third parties as part of your access to TikTok, and you give instructions for the
transfer of data between the Platform and TikTok to the extent necessary for the execution
of the relevant request on the part of TikTok and for the proper execution of
− In the event that you use a TikTok account and resources provided to you by a third
party (e.g., a partner with whom you are collaborating for the purposes of the
Campaign) for this purpose, you represent and warrant to us that you have obtained the
appropriate consent of such third party to do so, and that you will have such consent at
all times while using the Platform.
As part of the Platform, we may offer you additional functionalities, including for a fee, as
additional Services and variants and levels of particular Services. Such additional
functionalities may consist, among other things, in supplementing the analytical study
mentioned in the preceding paragraph with additional and complementary elements, in
particular elements that expand the scope of the analysis performed and formulate
personalized optimization tips based on the data of current and historical Campaigns.
We provide you with the results of the analyses developed as part of the above Services in
graphical form, in the form of charts, reports, lists, etc., in a manner that corresponds to the
scope of the relevant functionality of the Platform and the corresponding Service.
For the purpose of performing the Services, we may provide you with ancillary functionalities
within the Platform:
Some such functionalities may be optional and their use by you is not required to use all,
some or a certain scope of the Services (such as the newsletter service).
However, your use of certain functionality may be a prerequisite for the use of all, some, or
a specific range of the Services (such as the functionality of your user account on the
Platform, or the functionality of linking your account on the Platform to the business
account at your disposal and TikTok resources).
We may also present general information to you on the Platform free of charge, including
information about our business and Platform functionality.
We may also provide the Services to you on separate terms agreed with you in advance
(including, in addition to the Services described above, further Services, such as consulting
services on the selection of Campaign parameters or other matters related to entering into
Campaign agreements with third parties).
The terms of such provision of such Services by us to you shall be subject to these Terms and
Conditions and any further terms and conditions agreed with you in documented form,
unless a more stringent form is required by generally applicable law.
This applies in particular to determining the nature and characteristics of the services,
including the subject matter of our performance to you (the scope of such Services) and the
manner of its fulfilment, as well as its price (the remuneration due to us) and the available
methods and ways of payment as well as payment terms.
Terms of service
As a condition for the provision of the basic Service as well as further free Services (if and when
offered), the User must use the relevant functionalities of the Platform in accordance with their
intended purpose, in line with the provisions of these Terms and Conditions.
As a condition for the provision of paid Services (if and when offered), you must additionally pay
to us the price (payment of remuneration) for such use. The price shall be specified in the price
list or shall be appropriately displayed in other ways through the user interface elements of the
Platform prior to the conclusion of the Agreement for the provision of a given paid Services.
In the event that we offer a particular paid Service to Users who are customers of certain third
parties as specified by us that provide payment processing, billing and invoicing services to You
(online payment operators), it may further be a condition of our provision of such Services that
we enter into appropriate agreements with such third parties and use such third parties' services
in accordance with their terms and conditions.
Any agreement or other legal relationship between you and another User, TikTok, any further
service provider, or any other third party entered into in within the context of your use of our
Services, including for, in connection with, or as a result of your use of them, shall be binding
solely between you and such third party, without any legal or factual involvement on our part:
In the absence of a separate express agreement with you or failure to bind us in this regard
by mandatory provisions of law, we do not assume any legal obligations arising from such
agreements and relationships or from the fact of their occurrence, and we do not assume
any related liability.
Services and benefits provided outside of the Platform by third parties that are your
contractors, including access to TikTok's resources and the execution of payments ordered
by you for Services to us, remain subject to your legal relationship with the relevant third
party in question.
We are not responsible for any rights or obligations arising from or relating to the legal
relationship between you and such third party, including any tax obligations, filing
obligations, information obligations and other such burdens.
We do not guarantee that third parties with whom you contract are reliable, and that the
agreements you enter into with them will be fulfilled by them in accordance with your
expectations. Exercise appropriate caution and, in case of doubt, verify the data, reputation
and reliability of your counterparty.
To the fullest extent permitted by law, we will not be liable to you or any third party for any
modification of the Content or for any suspension or discontinuance of the Platform and the
provision of the Services (subject to settlement for Services that are the subject of a prior
agreement with us).
User account, technical and other requirements
For your use of the various Services, we provide you with user account functionality
on the Platform:
In particular, through your Account, you may access certain information we store about your
activity and use of the Platform Services.
You obtain the possibility to use the Account by entering and approving the necessary data
(which may constitute personal data concerning the User), using the form provided on the
Platform. By entering and approving this data, you declare that it is factually correct, as well
as that its submission, such use thereof and the creation of the Account does not to the best
of your knowledge violate these Terms and Conditions and the rights of third parties. We
reserve in particular the requirement to enter valid data for identifying and contacting the
Service Recipient or the User respectively, such as name and surname, e-mail address or
telephone number. Moreover, we reserve the possibility of using the Account with the use
of login and authorization mechanisms of the TikTok service.
As a condition for creating an Account and using the Services that include functionality for
analytical development of Campaign data, the Account must be linked to the business
account and resources of TikTok at your disposal. This requires the use of verification
mechanisms provided to you by third parties as part of your access to TikTok, as well as the
flow of data between the Platform and TikTok to the extent necessary to fulfil the relevant
request on the part of TikTok. In the event that you use a TikTok account and resources
provided to you by a third party for this purpose, you represent and warrant to us that you
have obtained the appropriate consent of such third party for such action, and that you will
have such consent at all times during your use of the Platform.
The creation and use of an Account is voluntary and occurs free of charge, but may be a
necessary condition for the use of all, some or a certain range of Services. Once an Account
is created, its further provision also remains free of charge. The Account is made available
indefinitely and may be deleted at any time, including at the request of an authorized User -
which means the discontinuation of further provision of the related Services.
We reserve the right to identify and verify a User for the purpose of creating and assigning
an Account, and the right to withhold full access to such User to this functionality until such
identification and verification is successfully completed. We provide detailed information
about the principles of our processing of personal data for this purpose in the relevant
change the User's name or other relevant identifier of the Account, if we have reasonable
grounds to believe that the use of such an identifier violates the generally applicable law or
rules of social coexistence (including netiquette and Internet good manners) or the exclusive
rights of others, or their other types of legally protected goods and interests - including the
rights and legitimate interests of the Service Provider.
The creation and use of an Account and further functionalities of the Platform and the
corresponding Services requires that you use a device with Internet connectivity that allows you
to access and use the Platform in the manner specified in the Terms and Conditions (such as a
desktop computer or mobile device).
We allow access to the Platform using a device equipped with the following software and
configured as follows:
− Suitable equipment to access the Platform,
− Internet connection with speeds greater than or equal to  Mbps,
− Having an e-mail account and a TikTok account,
− Using an up-to-date version of a web browser that meets current W3C standards,
− In order for the Platform to function properly, it may be required to enable the
We endeavour to ensure that it is possible to create and use an Account using a wide range
of devices and the current versions of the standard software used in them (in particular,
commonly used web browsers in their standard configurations). However, we do not
guarantee that it will be possible to properly create and use an Account and all, some or a
specific range of Services using each User's device.
We reserve the right to temporarily limit the availability of the Platform or Services on the
Internet. Such limitation may occur in particular due to necessary or unavoidable modernization
or maintenance work in ViralTalk's area of operation or other such technical limitations. For
Services provided for a fee, however, such limitation of availability will not exceed 5% during the
billing period between 6:00 a.m. and 10:00 p.m. Polish time. Further limitations on the
availability of the Platform or Services requiring the availability of certain resources on TikTok
may result from an availability limitation on the part of TikTok; we are not responsible for such
limitations regardless of their severity.
Concluding, terminating and withdrawing from Agreements
The conclusion of the Agreement for the provision of a given Service takes place in the ordering
process carried out by the User through using the relevant elements of the Platform's user
Within the Platform, it is possible for the User to select specific Services presented by the
Service Provider. For specific Services, the Platform's user interface may also allow the User
to select further terms and parameters - such as a service period or method of payment. The
user interface may also use order forms, which may require the User to provide or make
available the indicated data necessary for providing the respective Service. The scope of the
necessary data, the specification of the price (the Service Provider's remuneration) together
with any other amounts due, and further features of the Service Provider's performance are
then presented to the User in a clear manner prior to the conclusion of the Agreement.
After selecting the Service, entering the indicated data and defining the terms and
parameters, the User may make an order by activating the function of the form marked with
the text "Order with obligation to pay", "Binding order" or other equivalent designation. The
condition for effective activation of this function is that the User confirms having accepted
wording. By activating this function, the User declares, in particular, that the User is
authorized to place an order, and that the data provided by the User on the form are
factually correct, as well as that their provision, such use thereof and placement of the order
to the best of the User's knowledge do not violate these Terms and Conditions as well as the
rights of third parties.
The Service Provider shall endeavour to ensure that the presentation of a Service on the
Platform at all times reflects the current possibility of concluding the respective Agreement.
However, the Service Provider hereby expressly reserves the right to check the availability of
a Service and the possibility of its provision to the User or the Service Recipient upon receipt
of an order. In particular, with a view to preventing fraud and ensuring the security of
transactions on the Platform, the Service Provider hereby expressly reserves the right to
verify orders and investigate the possibility of concluding Agreements, including by
researching and confirming whether the order is placed by an authorized User, and to refuse
to accept unconfirmed orders. Orders that are not accepted despite the expiration of 5
business days after placement shall be deemed rejected.
In the event that the Service Provider rejects the order (or, as the case may be, determines
that the Agreement has not been concluded), the Service Provider shall promptly return any
benefits received, made by the User for the purpose of concluding the Agreement. In doing
so, however, the Service Provider reserves the right to exercise its rights against the User
under the provisions of generally applicable law, such as the right to set-off or the right of
retention. In the absence of any arrangements to the contrary with the User - in particular,
arising from the terms and conditions and methods of use of third parties - any monetary
benefits shall then be returned immediately in the manner in which they were originally
made by the User. Furthermore, in the event that it is not the Service Provider but a third
party who is obligated in respect of the User to return such benefits (e.g. under the services
provided by such parties to the User), the Service Provider shall, at the request of the User,
immediately provide the User or such parties, to a reasonable extent, with the necessary
information or perform other actions of a similar nature in order to enable these parties to
make a reimbursement to the User. The Service Provider shall cooperate with the User in
this regard to a necessary reasonable extent.
The Agreement for the ordered Services is concluded upon acceptance of the order by the
Service Provider. The Service Provider shall then immediately send an appropriate
confirmation, including a summary, to the User.
The User may be directed from the Platform to the systems of third parties during the
various stages of the conclusion of the Agreement. This possibility depends on the choices
made by the User and data entered by the User and the links to the aforementioned systems
provided for on the Platform, depending on the functionalities of the Platform made known
to the User and the User's legal relationship with such third parties. Such parties may be, for
example, providers of payment services, trust services and other such services relevant to
the Agreements concluded on the Platform. The result of the User's interaction with such
systems and parties may affect the ordering process described above, including as a
condition for the admissibility of orders and their acceptance on the Platform. This applies in
particular to the Services made available to Users who are customers of third parties
specified by us, providing payment processing, billing and invoicing services to you (online
payment operators), in the event that automatic payment processing is provided and the
relevant functionality of the Platform is integrated with the systems of such third parties.
The Service Provider may terminate the Service at any time for a valid reason, in particular in
case of loss of integration or interoperability with TikTok. The Service Provider shall inform the
Service Recipient of the termination of Services by a message to the Service Recipient’s e-mail
address as known to the Service Provider.
The Agreement for providing a Service may be terminated by either party at any time. No
minimum contract term for an Agreement is intended. Such termination option shall not
prejudice the right of withdrawal from the Agreement and shall not preclude the exercise of this
right, if available.
A statement of termination of the Agreement may be sent to the Service Provider in writing or
by e-mail to the addresses specified in these Terms and Conditions.
The Service Provider has the right to terminate an Agreement on providing a Service with
If the Service Provider obtains credible information that the electronic address or other
relevant User or Service Recipient identifier provided to it is incorrect, including in an
unauthorized manner referring to persons other than the Service Recipient and the User, or
credible information that the use of this address or identifier would otherwise violate the
law, rules of social coexistence (including netiquette and Internet good manners) or the
exclusive rights of others or other legally protected goods and interests of such persons,
including the rights and legitimate interests of the Service Provider.
If it is determined that the electronic address provided by the User for the purposes of the
Service is unavailable (including in the event of deletion of this address or lack of further
possibility to deliver messages using this address for other reasons).
In the event of use of the Services by the User or Service Recipient contrary to the purpose
of such Services under these Terms and Conditions.
If the User or the Service Recipient commits other gross violations of the law and of the
provisions of these Terms and Conditions relevant to the provision of the Services.
In other cases entitling the Service Provider to discontinue the provision of Services under
the provisions of the law and these Terms and Conditions.
The Service Provider will inform the User about the termination of an Agreement on providing a
Service without undue delay, yet no later than within 24 hours, if such technical possibility
In the event of termination of the Agreement for the paid provision of a Service, including in the
event of ceasing the provision of such a Service by the Service Provider, any refund of the remuneration
received by the Service Provider for services not fulfilled in part or in full shall be
due in accordance with the general rules and shall be processed with no undue delay.
If you are a consumer, you can exercise your 14-day right to withdraw from the Agreement,
under the following conditions:
You have the right to withdraw from the Agreement within 14 days without giving any
reason. The term to withdraw from the Agreement expires 14 days after its conclusion.
To exercise your right of withdrawal from the Agreement, inform us at the contact details
provided in these Terms and Conditions of your decision to withdraw from the Agreement
by an unequivocal statement made in a documented form or a stricter form (e.g. sent via the
website or by e-mail).
If you make such a statement, yet you have requested the commencement of the Service
before the deadline for withdrawal from the Agreement, you are obliged to pay for the
services provided until the withdrawal from the Agreement.
The right to withdraw from the Agreement does not apply in case of prior full performance
of the Service with the express consent of the Consumer. By expressing consent to the
commencement of the Service before the expiration of the 14-day withdrawal period, the
Consumer acknowledges and confirms that once the Service has been performed, the right
to withdraw from the Agreement is forfeit.
In order to observe the deadline for withdrawal from the Agreement, it is sufficient for you
to send the appropriate information about exercising your right of withdrawal before the
expiry of the withdrawal period. You may use the following model withdrawal statement
(withdrawal form), but it is not mandatory.
In order to exercise your right of withdrawal from the Agreement, you may use the following
model withdrawal form, which you can copy and fill in (* delete unnecessary):
− Addressee: (data of the Service Provider indicated in these Terms and Conditions)
− I/We (*) inform you (*) of my/our withdrawal from the contract for the provision of the
following service (*)
− Date of contract (*)
− Name of the consumer(s)
− Address of the consumer(s)
− Signature of the consumer(s) (only if the form is sent in hard copy)
In the event of withdrawal from the Agreement, we will return the due payments we’ve
received from you with no undue delay, and in any case no later than 14 days from the day
we are informed of your decision to exercise your right to withdraw from the Agreement.
Refunds will be made using the same methods of payment that were used in the original
transaction, unless expressly agreed otherwise; in no case will you incur any fees related to
Your duties and responsibilities
If you provide us with any information that is untrue, inaccurate, out-of-date or incomplete, we
have the right to block your access and refuse any and all current or future use of the Platform
and its functionality in whole or in part (with the provision for settling for any Services that are
subject to a prior Agreement with us).
If you make statements on behalf of another natural person, legal person or, respectively,
another organized unit which is granted legal capacity by law, without a valid authorization to do so,
you are responsible for compensation for the resulting damage, in particular for the liabilities
that would have occurred on the part of such entity if a valid Agreement had been concluded.
By creating an Account, you agree to keep the password to it secret and remain responsible for
any use of it by you, as well as its use by third parties as a result of you allowing them access to
We prohibit you from providing on the Platform and through the Services any content of an
unlawful nature, in particular incorrect data, including data in an unauthorized manner relating
to persons other than the User and the Service Recipient, as well as content that is subject to the
exclusive rights of others or that constitutes other types of legally protected property and
interests of such persons, which you are not authorized to use.
You are further obliged to refrain from any behaviour that may hinder, interfere with or prevent
the functioning of the Platform or Services, or cause the use of them to become a nuisance to
other Users and the Service Provider. You are also obliged to use the Platform and the Services
only in a manner that is consistent with the law and the rules of social coexistence (including
netiquette and Internet good manners), without violating the exclusive rights of others or other
legally protected goods and interests of such persons, including the rights and legitimate
interests of the Service Provider.
Content and intellectual property
Unless otherwise indicated, the Content and Marks are our property protected by law, including
as a subject of our exclusive rights or as licensed to us (in particular under copyright, trademark
and other intellectual property laws), as a subject of protection under unfair competition laws,
or as a subject of protection under other applicable titles to use and control them, both in
Poland and in other jurisdictions.
The Content and Marks are provided on the Platform and for the provision of the Services on an
"as is" basis. Except as expressly provided by mandatory provisions of general law, these Terms
and Conditions or any other binding agreement with us, no part of the Platform, Content and
Marks may be copied, reproduced, aggregated, published, transmitted, publicly displayed,
encoded, translated, transferred, distributed, sold, licensed or otherwise used for any
commercial purpose or made available to third parties for such use without our express prior
By using the Content, you agree, under penalty of denial of further access and legal liability, not
to take the following actions:
Systematically downloading data or other information constituting Content contained on the
Platform for the purpose of creating or compiling, directly or indirectly, a collection,
compilation, database or directory without our written consent.
Using the Content in an unauthorized manner, including collecting other Users' names, e-
mail addresses or identifiers, electronically or otherwise, for the purpose of sending
unsolicited e-mails or creating user accounts by automated means or under false pretences.
Using the Content and the Platform directly to advertise or offer to sell goods and services
(other than through Campaigns).
Bypassing, disabling or otherwise interfering with the Platform's security features, including
causing any restrictions on the use of the Content.
Misleading us and other Users, especially by attempting to obtain confidential information
without proper authority and authorization to do so.
Misusing (abusing) of our support services, as well as making false reports of abuse or
Engaging in such automated use of the Content, the Platform, its user interface, and
functionality that would be abusive in nature (i.e., except to the extent that it results from
the use of a standard browser or search engine), such as by using scripts to post comments
or messages or using any automated data mining tools, robots, or similar data extraction,
collection, and input tools (such as bots, scripts, crawlers, or scrapers).
Interfering with, disrupting or creating an undue burden on the Platform and Services and
the infrastructure we use to provide them and to ensure the availability of the Content.
Attempting to impersonate another User or a third pa
Selling or otherwise transferring to third parties access and control of your Account.
Using any information obtained from the Platform, including through the use of the Services
or Content, to harass, abuse or harm another person.
Decrypting, decompiling, disassembling or reverse engineering any software that is part of
or in any way related to the Platform.
Removing authorship or exclusive rights notices or other similar markings from any Content.
Uploading viruses, Trojan horses or other harmful or undesirable material, including by
excessive use of capital letters and spamming (continuous sending of repetitive text) in a
manner that interferes with any person's uninterrupted use of the Platform.
Using, with respect to the Platform, any tools that act as a passive or active mechanism for
collecting or transmitting information beyond normal access to the Platform, including but
not limited to through 1×1 images, web worms, cookies or other similar devices in the
nature of passive data collection mechanisms.
Disparaging, damaging or otherwise causing harm to other Users, us, the Platform or the
Using the Platform in a manner that does not comply with applicable laws.
Our duties and responsibilities
The Service Provider shall be liable to Consumers to the extent of the provisions of the Civil Code
and the provisions on consumer rights. None of the provisions of these Terms and Conditions
with regard to limitation of liability shall apply to persons who are Consumers.
The Service Provider's liability to a User or a Service Recipient who is not a Consumer, regardless
of its legal basis, is limited - both as a single claim and for all claims in the aggregate - to the
amount of the price paid for the Services provided. The Service Provider shall be liable to the
Service Recipient who is not a Consumer only for typical damages foreseeable at the time of
conclusion of the Agreement and shall not be liable for lost profits to the Service Recipient who
is not a Consumer.
The Platform is provided on an "as is" basis. To the fullest extent permitted by law, we disclaim
any and all warranties, express or implied, including the implied warranties of merchantability,
fitness for a particular purpose and non-infringement, in connection with the Platform and your
use of the Platform. To the same extent, we are not liable to you for:
unauthorized access or use of our secure servers or any personal or financial information
stored on them,
interruption or cessation of transmission to or from the site,
any bugs, viruses, Trojan horses, etc. that may be transmitted to or through the site by any
harm and damages of any kind resulting from access to the Content and the Platform and
the use of its functionalities or corresponding Services,
mistakes, errors or inaccuracies in Content and materials,
or harm and damages of any kind incurred as a result of your use of any Content and other
information posted, transmitted or otherwise made available through the site of the
Platform; we specifically do not provide or assume responsibility for any product or service
advertised or offered by a third party through the Platform or other websites and resources
hyperlinked from the Platform; and we will not be a party to any transaction or in any way
responsible for monitoring transactions between you and third party providers of such
products or services.
We shall not be liable to Users and Service Recipients who are not Consumers for any harm,
damage, delay or failure to act caused by causes beyond our control. To the fullest extent
permissible under applicable law, we, our affiliates and associates, officers, directors,
employees, licensors, and any third parties involved disclaim liability for any direct, indirect,
incidental, special or consequential harm and damages, including but not limited to loss of data,
interruption of service, computer failure or monetary loss, loss of income or revenue, loss of
business, profits or contracts, loss of anticipated savings, loss of goodwill, wasted management
or office time, and any other damages of any kind resulting from your use of or inability to use
the Platform, Services and Content, even if you have warned us of the possibility of such harm or
Risks associated with the provision of electronic services
In fulfillment of the requirement of Article 6(1) of the Law on Provision of Electronic Services, the
Service Provider informs that the basic risks associated with the use of the Site include:
Exposure to malware - various types of applications or scripts that have harmful, criminal or
malicious effects against an Internet user's ICT system, such as viruses, worms, Trojan
Spyware and tracking programs that collect information about you and send it - usually without
your knowledge or consent - to third parties;
spam - unsolicited and unsolicited e-mails sent simultaneously to multiple recipients, often
containing advertising content;
phishing for sensitive personal information (e.g., passwords and other access data) by a third
party impersonating a trustworthy person or institution;
hacking into a user's ICT system using hacking tools;
Cryptanalysis - the ability to find weaknesses in a cryptographic system to enable it to be
In order to avoid the above risks, the user should equip his computer and other devices he uses
when connecting to the Internet with an antivirus program and a properly configured firewall.
program should be constantly updated.
Complaints and claims
All complaints should be addressed to the Service Provider's address indicated above, by e-mail
or postal mail. The complaint should include:
Your name and surname or business name and other data identifying the Service Recipient
on the Platform,
Your mailing address and e-mail address,
A description of the complaint (e.g., information on the extent to which the implementation
of the Service was not carried out correctly),
the demand of the complaint, i.e. the state expected after the complaint has been
Complaints will be processed within 14 days of receipt. A response will be sent to the e-mail
Insofar as this would be necessary for the analysis and consideration of the complaint, we may
require you to supplement it by providing further necessary information, specifying the scope of
such information and setting a deadline of no less than 7 days for providing it - with the proviso
that failure to supplement the complaint within the set deadline may result in its negative
consideration by us or leaving it without further course, respectively.
For the handling of disputes between the User or Service Recipient and the Service Provider
within the scope of the Service Provider's activities on the Platform - including disputes as to the
content, fact and circumstances of the conclusion of the Agreement and performance and
provision of Services thereunder as well as the validity of the Terms and Conditions - the
competent common court in Poland shall have jurisdiction. For such disputes between the
Service Provider and a User or Service Recipient who is not a consumer, the court shall be the
court of competent jurisdiction of the Service Provider. The above provisions do not exclude the
jurisdiction of another court, if its jurisdiction cannot be effectively excluded in accordance with
the provisions of applicable Polish law.
Consumers have the opportunity to use out-of-court means of dealing with complaints and
claims regarding the Terms and Conditions, the Agreement, the Services and any other legal
relationship between the Consumer and the Service Provider within the scope of the Service
Provider's activities on the Platform. This may be done, among other things, by the Consumer
requesting that such a dispute be resolved by an arbitrary consumer court, a consumer
ombudsman or another institution or organization whose tasks include the protection of
The first point of contact for out-of-court means of handling complaints and pursuing claims is the
Service Provider's e-mail address indicated in these Terms and Conditions. At the same time, the Service
Provider stipulates that, in the absence of separate objections, it does not agree in advance
to be subjected to such methods of handling complaints and pursuing claims. However, such consent
may be given by way of individual arrangement - in the form of, for example, an explicit arbitration
Detailed information can be obtained, among other things, from the website of the Office of
Competition and Consumer Protection, at the following addresses:
Consumers can also use the platform for online dispute resolution in consumer matters,
available at http://ec.europa.eu/consumers/odr
website of the Office of Competition and Consumer Protection
(http://polubowne.uokik.gov.pl/pytania-i-odpowiedzi,6,pl.html) also provides additional
Amendments, additions and other changes
The Platform may contain information affected by typographical errors, inaccuracies or
omissions that may relate to the Platform, including description, pricing, availability and various
other information. We reserve the right to correct any such errors, inaccuracies or omissions,
and to change or update information on the Platform at any time without prior notice. This
provision does not apply to changes affecting rights and obligations.
We reserve the right to amend or modify these Terms and Conditions upon 14 days' notice in
the event of compelling reasons, such as regulatory compliance or an extraordinary change in
relations. We will notify you of any changes to these Terms and Conditions using the e-mail
address you have provided or other clear means of notification provided via the Platform user
interface (e.g. a "pop-up" notification). If you do not agree with the updates to these Terms and
Conditions, please let us know within 14 days of receiving the notice.
These Terms and Conditions, and any terms and conditions communicated to you prior to their
acceptance, constitute the entire Agreement and understanding between you and us. Our
failure to exercise or enforce any right or provision of the Agreement shall not be construed as a
waiver of such right or provision.
If any provision or part of a provision of these Terms and Conditions is found to be not in
accordance with applicable law, invalid or unenforceable, that provision or part of the provision
shall be deemed separate from these Terms and Conditions, and such defect shall not affect the
validity and enforceability of any remaining provisions thereof.
No legal relationships of joint venture, partnership, employment, brokerage (agency) or similar
are created as a result of applying these Terms and Conditions or using of the Platform.
These Terms and Conditions shall remain binding for as long as you use the Platform or our
Services and until you pay us all fees, interest and remuneration due, and thereafter to the
extent of the nature of your rights and obligations under these Terms and Conditions, in
particular until the end of the statute of limitations for any claims related thereto.
In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and
generally applicable law shall apply.
The Parties may agree on an earlier termination of the Terms and Conditions as between them.