Terms and Conditions for the provision of
VIRALTALK services

Date of last update: 23.08.2023r.

General provisions

  1. 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) the 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: kontakt@viraltalk.pl ("we", Service Provider", "ViralTalk"), 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.
  2. Whenever the provisions of these Terms and Conditions refer to the below, the following definitions shall apply:
    1. 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.
    2. Content - means the content of the Platform, i.e. its individual resources and the arrangement of 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.
    3. 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 an order).
    4. 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.
    5. User - means any natural person with full legal capacity using the Platform.
    6. 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.
  3. These Terms and Conditions set out the terms of use of the Platform and the Services we 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.
  4. 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 recording.
  5. 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 them.
  6. By using the Platform, you represent and warrant that:
    1. All information you provide to us, including information entered on the Platform, will be true, accurate, complete and up to date.
    2. You will maintain the genuineness , accuracy, validity and completeness of such information, if necessary by updating it without undue delay.
    3. You have full legal capacity, have familiarized yourself with the Terms and Conditions and agree to abide by them.
    4. In the case of acting on behalf of another natural person, legal entity or, respectively, another organizational unit granted legal capacity by law - you are properly authorized to represent it.
    5. 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 entry (such as bots, scripts, crawlers, or scrapers).
    6. You will not use the Site for any illegal or unauthorized purpose, and your use of the Site will not violate any applicable laws or rules of social coexistence (including netiquette and Internet good manners).
  7. 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.
  8. 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 subsequent correspondence.
  9. 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.

    10. Types and scope of services and functionalities

  10. 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:
    1. 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 the Service.

      − 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.

    2. 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.
    3. 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.
  11. For the purpose of performing the Services, we may provide you with ancillary functionalities within the Platform:
    1. 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).
    2. 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).
  12. We may also present general information to you on the Platform free of charge, including information about our business and Platform functionality.
  13. 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).
    1. 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.
    2. 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.

    14. Terms of service

  14. 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.
  15. 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.
  16. 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.
  17. 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:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  18. 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).

    19. User account, technical and other requirements

  19. For your use of the various Services, we provide you with user account functionality ("Account") on the Platform:
    1. In particular, through your Account, you may access certain information we store about your activity and use of the Platform Services.
    2. 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.
    3. 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.
    4. 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.
    5. 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 information notices - including the privacy policy. At the same time, we reserve the right to 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.
  20. 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).
    1. 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 [4] 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 necessary cookies.

    2. 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.
  21. 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.

    22. Concluding, terminating and withdrawing from Agreements

  22. 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 interface:
    1. 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.
    2. 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 the Terms and Conditions and perused the Platform's privacy policy in their respective 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
  23. 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.
  24. 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.
  25. 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.
  26. The Service Provider has the right to terminate an Agreement on providing a Service with immediate effect:
    1. 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.
    2. 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).
    3. 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.
    4. 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.
    5. In other cases entitling the Service Provider to discontinue the provision of Services under the provisions of the law and these Terms and Conditions.
  27. 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 exists.
  28. 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.
  29. If you are a consumer, you can exercise your 14-day right to withdraw from the Agreement, under the following conditions:
    1. 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.
    2. 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).
    3. 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.
    4. 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.
    5. 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.
    6. 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)

      − Date

    7. 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 this refund.

    30. Your duties and responsibilities

  30. 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).
  31. 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.
  32. 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 it.
  33. 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.
  34. 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.

    35. Content and intellectual property

  35. 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.
  36. 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 written consent.
  37. By using the Content, you agree, under penalty of denial of further access and legal liability, not to take the following actions:
    1. 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.
    2. 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.
    3. Using the Content and the Platform directly to advertise or offer to sell goods and services (other than through Campaigns).
    4. Bypassing, disabling or otherwise interfering with the Platform's security features, including causing any restrictions on the use of the Content.
    5. Misleading us and other Users, especially by attempting to obtain confidential information without proper authority and authorization to do so.
    6. Misusing (abusing) of our support services, as well as making false reports of abuse or misconduct.
    7. 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).
    8. 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.
    9. Attempting to impersonate another User or a third pa
    10. Selling or otherwise transferring to third parties access and control of your Account.
    11. Using any information obtained from the Platform, including through the use of the Services or Content, to harass, abuse or harm another person.
    12. Decrypting, decompiling, disassembling or reverse engineering any software that is part of or in any way related to the Platform.
    13. Removing authorship or exclusive rights notices or other similar markings from any Content.
    14. Copying or altering Platform software, including PHP, HTML, JavaScript or other code.
    15. 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.
    16. 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.
    17. Disparaging, damaging or otherwise causing harm to other Users, us, the Platform or the Content.
    18. Using the Platform in a manner that does not comply with applicable laws.

    38. Our duties and responsibilities

  38. 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.
  39. 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.
  40. 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:
    1. unauthorized access or use of our secure servers or any personal or financial information stored on them,
    2. interruption or cessation of transmission to or from the site,
    3. any bugs, viruses, Trojan horses, etc. that may be transmitted to or through the site by any third party,
    4. harm and damages of any kind resulting from access to the Content and the Platform and the use of its functionalities or corresponding Services,
    5. mistakes, errors or inaccuracies in Content and materials,
    6. 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.
  41. 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 damage.

    42. Risks associated with the provision of electronic services

  42. 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:
    1. 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 horses;
    2. Spyware and tracking programs that collect information about you and send it - usually without your knowledge or consent - to third parties;
    3. spam - unsolicited and unsolicited e-mails sent simultaneously to multiple recipients, often containing advertising content;
    4. phishing for sensitive personal information (e.g., passwords and other access data) by a third party impersonating a trustworthy person or institution;
    5. hacking into a user's ICT system using hacking tools;
    6. Cryptanalysis - the ability to find weaknesses in a cryptographic system to enable it to be broken or circumvented.

      7. 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. Such program should be constantly updated.

    43. Complaints and claims

  43. All complaints should be addressed to the Service Provider's address indicated above, by e-mail or postal mail. The complaint should include:
    1. Your name and surname or business name and other data identifying the Service Recipient on the Platform,
    2. Your mailing address and e-mail address,
    3. A description of the complaint (e.g., information on the extent to which the implementation of the Service was not carried out correctly),
    4. the demand of the complaint, i.e. the state expected after the complaint has been processed.

      5. Complaints will be processed within 14 days of receipt. A response will be sent to the e-mail address you provided.

  44. 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.

    45. Dispute resolution

  45. 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.
  46. 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 consumer rights.
    1. Detailed information can be obtained, among other things, from the website of the Office of Competition and Consumer Protection, at the following addresses:

      − https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

      − https://www.uokik.gov.pl/rejestr_podmiot_uprawnionych.php

      − https://polubowne.uokik.gov.pl/

    2. Consumers can also use the platform for online dispute resolution in consumer matters, available at http://ec.europa.eu/consumers/odr (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL). The website of the Office of Competition and Consumer Protection (http://polubowne.uokik.gov.pl/pytania-i-odpowiedzi,6,pl.html) also provides additional information.
    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 clause.

    47. Amendments, additions and other changes

  47. 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.
  48. 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.

    49. Final provisions

  49. 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.
  50. 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.
  51. 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.
  52. 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.
  53. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and generally applicable law shall apply.
  54. The Parties may agree on an earlier termination of the Terms and Conditions as between them.