Terms of service

Introductory Provisions
Role of the DOP.AM Website
General Terms of Use of the Website
Electronic Services Available on the Website
Using the Session
Using the Blog
Subscription Terms
Rules for Using the Supervision Feature
Contacting the Service Provider
Complaint Handling Procedure
Statutory Right of Withdrawal
Out-of-Court Complaint and Redress Procedures and Rules of Access to Such Procedures
Provisions Concerning Service Recipients Who Are Not Consumers
Illegal Content and Other Content Non-Compliant with the Terms of Service
Interruptions and Technical Failures
Copyright to the Website
Final Provisions
Annex 1 – Model Withdrawal Form

Thank you for visiting our website available at https://dop.am (hereinafter: “Website,” “Service,” or “DOPAM”).

The purpose of these Terms of Service is to establish general rules and conditions for using the Website, in particular the rules and conditions under which service recipients will use the resources and functionalities of the Website, including making payments.

Should you decide to purchase access to the paid functionalities of the Website, these Terms of Service govern the terms of conclusion and performance of the agreement for the provision of a digital service through the Website, including matters concerning our liability.

We invite you to review these Terms of Service.

The DOPAM Team

1. INTRODUCTORY PROVISIONS

The owner of the Website is Bartosz Garliński, conducting business under the name BARTOSZ GARLIŃSKI KONCEPT, entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, having:

business address and address for service: ul. Opłotkowa 11, 51-007 Wrocław, Poland,
Tax ID (NIP): 8981821136,
Statistical Number (REGON): 363414246,
e-mail address: contact@dop.am,
contact phone number: +48 517 943 491 (hereinafter: the “Service Provider”).

These Terms of Service are addressed to all persons using the Website, unless a given provision states otherwise. The provisions of these Terms of Service are not intended to exclude or limit any rights of Consumers to which they are entitled under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms of Service and the aforementioned provisions, the latter shall prevail.
The controller of personal data processed on the Website in connection with the implementation of these Terms of Service is the Service Provider. Personal data is processed for the purposes, for the period, and on the basis of the grounds and principles indicated in the privacy policy published on the Website. The privacy policy primarily contains the rules concerning the processing of personal data by the Service Provider on the Website, including the grounds, purposes, and period of personal data processing, and the rights of data subjects, as well as information on the use of cookies and analytical tools on the Website. Use of the Website, including its paid functionalities, is voluntary. Similarly, the provision of personal data by a person using the Website is voluntary, subject to the exceptions indicated in the privacy policy (e.g., conclusion of an agreement and the Service Provider’s statutory obligations).
Terms used in these Terms of Service and beginning with a capital letter shall mean: a. DIGITAL SERVICES ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102). b. BLOG – an Electronic Service, an online blog run by the Service Provider on the Website for all persons visiting the Website. c. PRICE LIST – the Subscription price list containing information on available Subscription plans, their prices, and the length of the Billing Period, made available on the Subscription Platform’s website at https://dopam.zanfia.co/c/access, to which the Service Recipient is redirected from the Website. d. PAYMENT SERVICE PROVIDER – an external payment service provider, namely Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). e. BUSINESS DAY – a single day from Monday to Friday, excluding public holidays. f. ORDER FORM – an interactive form made available within the Subscription Platform, enabling the Service Recipient to place an Order by specifying the terms of the agreement, including the choice of Subscription plan and providing the data necessary to make a payment. g. SUPERVISION FEATURE – a paid functionality of the Website available exclusively as part of an active Subscription, consisting of providing the Subscriber with a digital service in the form of the ability to generate Session Links, label Participants, and receive Reports on Sessions conducted by Participants. h. CIVIL CODE – the Civil Code Act of 23 April 1964 (consolidated text, Journal of Laws of 2022, item 1360, as amended). i. CONSUMER – a natural person for whom the use of the Website (including the purchase of a Subscription) is not directly related to their business or professional activity. The provisions concerning the Consumer also apply to a natural person for whom the use of the Website (including the purchase of a Subscription) is directly related to their business activity, where it is apparent from the circumstances that it is not of a professional nature for that person, resulting in particular from the subject matter of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity. j. SESSION LINK – an individual internet address generated by the Subscriber as part of the Supervision Feature, enabling a Participant to conduct a Session, following which a Report is sent to the e-mail address indicated by the Subscriber while generating the Session Link. k. NEWSLETTER – an Electronic Service, a distribution service provided via e-mail, which enables Service Recipients using it to receive commercial information from the Service Provider regarding the Website, including information about news and promotions. l. ILLEGAL CONTENT – information that, in itself or by reference to an activity, including the sale of products or the provision of services, is not in compliance with European Union law or the law of any Member State that is in compliance with European Union law, irrespective of the precise subject matter or nature of that law. m. TRIAL PERIOD – a free period for testing the Supervision Feature, provided under the terms set out in Section 7 of these Terms of Service and in the Price List. n. BILLING PERIOD – the period for which the Subscription fee is charged in advance, resulting from the Subscription plan chosen by the Service Recipient. o. SUBSCRIPTION PANEL – a separate set of resources, secured with individual access credentials, made available to the Subscriber within the Subscription Platform, enabling the Subscriber to review the terms of their Subscription and manage it, including cancelling the Subscription. p. SUBSCRIPTION PLATFORM, ZANFIA – an external tool for concluding subscription agreements and managing Subscriptions, provided to the Service Provider by an external third party independent of the Service Provider, available at https://dopam.zanfia.co, through which the Order is placed, payment is made, and the Subscription is managed. q. COPYRIGHT LAW – the Act of 4 February 1994 on Copyright and Related Rights (consolidated text, Journal of Laws of 2022, item 2509, as amended). r. REPORT – an automatically generated summary of information about a Session conducted by a Participant on the basis of a Session Link, sent by the Website to the e-mail address indicated by the Subscriber while generating the Session Link. s. TERMS OF SERVICE – these terms of service of the Website. t. WEBSITE, SERVICE, DOP.AM – the Service Provider’s website available at https://dop.am. u. SESSION – an Electronic Service, a free tool made available on the Website, enabling the conduct of an attention-focus session of a selected length, under the terms set out in Section 5 of these Terms of Service. v. SUBSCRIBER – a Service Recipient who has concluded an agreement with the Service Provider for the provision of the Supervision Feature as part of a Subscription. w. SUBSCRIPTION – an agreement concluded by the Service Recipient with the Service Provider, the subject of which is the provision of the Supervision Feature, i.e., a digital service within the meaning of the Consumer Rights Act, provided continuously, in exchange for a fee paid in advance for each Billing Period. Detailed information on the available Subscription plans, including their prices and the length of the Billing Period, is available in the Price List. x. PARTICIPANT – a third party to whom the Subscriber has provided a Session Link and who conducts or may conduct a Session on the basis of that Session Link. y. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with these Terms of Service. z. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and, in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use the Website, including its Electronic Services and Subscription. aa. SERVICE PROVIDER – Bartosz Garliński, conducting business under the name BARTOSZ GARLIŃSKI KONCEPT, entered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister competent for economic affairs, having: business address and address for service: ul. Opłotkowa 11, 51-007 Wrocław, Poland, Tax ID (NIP): 8981821136, Statistical Number (REGON): 363414246, e-mail address: contact@dop.am, and contact phone number: +48 517 943 491. bb. CONSUMER RIGHTS ACT – the Act of 30 May 2014 on Consumer Rights (consolidated text, Journal of Laws of 2020, item 287, as amended). cc. ORDER – a declaration of intent by the Service Recipient made via the Order Form, aimed directly at concluding an agreement with the Service Provider, i.e., activating a Subscription.

2. ROLE OF THE DOP.AM WEBSITE

The Website provides a tool enabling a Session to be conducted, i.e., an attention-focus session of a length chosen by the user, during which stimuli, subsequently subject to verification, are presented on the device’s screen and through its audio track. Conducting a Session itself is free of charge and does not require concluding a Subscription agreement or making any payment.
For a fee, under the terms of the Subscription set out in Section 7 of these Terms of Service, the Website makes available the Supervision Feature, which enables the Subscriber to generate Session Links for Participants and receive Reports on Sessions conducted by Participants on the basis of those Session Links. The detailed rules for using the Supervision Feature are set out in Section 8 of these Terms of Service.
The Service Provider makes reasonable efforts to ensure that the verification of the course of a Session conducted within the Website is reliable. However, due to the nature of the technical solutions used, the Service Provider reserves that this verification is not perfect, and it is possible to obtain a result that does not correspond to the actual course of the Session, i.e., both a false positive and a false negative result. The Session result and the Report are for informational purposes only and should not constitute the sole basis for any decisions, including evidence or a basis for making determinations that produce legal effects against a Participant.
The Website and the functionalities made available within it do not constitute a healthcare benefit, a medical, therapeutic, or psychological service, and are not intended for diagnosing, treating, or preventing any diseases or disorders. The information available on the Website does not constitute medical or other specialist advice and should not constitute the sole basis for any decisions of the Service Recipient or Participant that may affect their state of health, including the course of treatment. The Service Provider recommends that, in the event of any doubts regarding their state of health, every person consult individually with a physician or other appropriate specialist.
The provisions of Sections 2.3 and 2.4 of these Terms of Service are for informational purposes only and should not be treated as an intention to exclude or limit any statutory liability of the Service Provider for a lack of conformity of the digital service with the agreement in relation to Service Recipients who are Consumers, as referred to in Section 10 of these Terms of Service.
The Service Provider is not obliged to verify the actual purpose for which Service Recipients use the Website and the functionalities available within it. To the fullest extent permitted by applicable law, it is assumed that the Service Provider makes the Website available, including the Electronic Services provided within it, in the form in which it was delivered (“as is”) and makes no implied or express warranties as to its quality or fitness for particular purposes. The above reservation does not exclude or limit any potential statutory liability of the Service Provider towards a Service Recipient who is a Consumer.
The Website may contain links redirecting to external applications or websites operated by third parties independent of the Service Provider, including to the Subscription Platform. Announcements, advertisements, price lists, catalogues, and other information about products or services of third parties posted on the Website do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code. The Service Provider recommends that, after moving to another application or website, the Service Recipient review its terms of use and privacy policy each time. These Terms of Service apply solely to the Service operated by the Service Provider.

3. GENERAL TERMS OF USE OF THE WEBSITE

The Service Recipient is obliged to use the Website in accordance with its purpose, subject matter, and these Terms of Service, in a manner consistent with the law and good practice, having regard to respect for personal rights and the copyright and intellectual property rights of the Service Provider, other Service Recipients, and third parties. The Service Recipient is obliged to enter data consistent with the actual facts. The Service Recipient is prohibited from providing content of an unlawful nature, including Illegal Content. The Service Recipient is prohibited from using the Website to send unsolicited commercial communications (spam). The Service Recipient is also prohibited from undertaking actions that disrupt the proper functioning of the Service.
Pursuant to Article 14(1) of the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text, Journal of Laws of 2020, item 344, as amended), the Service Provider is not liable for data of Service Recipients stored on the Website if it is not aware of the unlawful nature of such data or of the related activity, and, upon receiving an official notification or obtaining credible information about the unlawful nature of the data or the related activity, it will take appropriate steps to promptly prevent access to it. The foregoing provision applies without prejudice to other rights and obligations arising from the Digital Services Act and set out in Section 14 of these Terms of Service.
Proper use of the Website requires the Service Recipient to meet the following technical requirements:
a computer, laptop, or other multimedia device with Internet access, equipped with a sound card;
access to e-mail – access to e-mail is required for the Supervision Feature and Reports;
an up-to-date web browser: Mozilla Firefox, Opera, Google Chrome, Safari, or Microsoft Edge, capable of using full-screen mode;
enabling the browser’s ability to save Cookies and support JavaScript;
a recommended screen resolution of 1024×768; and
the recommended use of headphones.
The Service Provider makes reasonable efforts to ensure that using the Website is safe for Service Recipients. However, using the Service involves the standard risks present on the Internet. A basic risk faced by every Internet user, including those using Electronic Services, is the possibility of their IT system becoming “infected” by various types of malicious software created mainly to cause damage or to gain unauthorised access to the Service Recipient’s data. To avoid the risks associated with this, the Service Provider recommends that the Service Recipient equip the equipment they use to connect to the Internet with antivirus software and keep it continuously updated by installing its latest versions, and also keep their end device’s web browser and operating system up to date.
The Service Provider informs that using the Website involves the introduction of Cookies into the IT system used by the Service Recipient and the use of an analytical tool for maintaining statistics and analysing traffic on the Website. Detailed information in this regard, including information on the types and purposes of using Cookies and how to manage them, is contained in the privacy policy published on the Website.
The paid functionalities of the Website, i.e., the Subscription covering the Supervision Feature, are not directed at persons who do not have full legal capacity. Concluding a Subscription agreement is possible only for a Service Recipient meeting the requirements set out in the definition of Service Recipient.

4. ELECTRONIC SERVICES AVAILABLE ON THE WEBSITE

Any Service Recipient may use the Website on the terms indicated in these Terms of Service.
The following Electronic Services, in particular, are made available via the Website:
a. Session.
b. Blog.
c. Newsletter.
Use of the Electronic Services indicated in Section 4.2 of these Terms of Service is free of charge. Only use of the Supervision Feature, available under the Subscription terms set out in Section 7 of these Terms of Service, is chargeable.
The Website does not require the Service Recipient to register or maintain an account on the Website. Placing an Order, making a payment, and managing a Subscription take place via the Subscription Platform, within which the Subscriber is provided with a Subscription Panel. Use of the Subscription Platform and the Subscription Panel also takes place on the terms set out by the provider of the Subscription Platform in the terms of service made available on its website.
The Newsletter Electronic Service is provided free of charge and for an indefinite period. Provision of the Newsletter Electronic Service normally begins once the Service Recipient gives separate, voluntary consent to receive commercial information at the e-mail address provided by them for this purpose. The Service Recipient may, at any time and without stating a reason, unsubscribe from the Newsletter (cancel the Newsletter), including, for example, by clicking the relevant link included in the content of each message sent as part of the Newsletter, or by sending an appropriate request to the Service Provider, in particular via e-mail to: contact@dop.am. Withdrawal of consent does not affect the lawfulness of data processing carried out before its withdrawal.
A detailed description of the Electronic Services, including the Supervision Feature and the rules of their operation, is available in these Terms of Service and on the pages of the Website, in particular in the form of notices, instructions, and explanations displayed while using the Service’s pages.
The complaint handling procedure regarding Electronic Services is set out in the provisions of Section 10 of these Terms of Service.

5. USING THE SESSION

The Session Electronic Service is provided free of charge, is one-off in nature, and ends upon completion of the Session or upon earlier cessation of use of the Session by the user. Using the Session does not require registration or performing any actions other than those indicated in this Section of the Terms of Service.
A Session begins once the user has jointly performed the following steps:
selecting the length of the Session from among the variants available on the Website,
confirming acceptance of the Terms of Service and the privacy policy,
clicking the field confirming proceeding to the next step, and
starting the Session, which causes the web browser to switch to full-screen mode.
The course of a Session is as follows: throughout the entire duration of the Session, the screen of the user’s device remains uniform, and at random moments individual digits are displayed at random locations on the screen, while individual sound signals are played through the audio track. After the Session ends, the user provides the observed digits in the order in which they were displayed, and the total number of sound signals played. The Session is deemed successfully completed only if both answers given are correct. Information on the exact parameters of the Session, including the number and timing of the presentation of stimuli, is presented to the user on the Website before the Session begins.
Proper conduct of a Session requires the web browser to remain in full-screen mode and the sound to remain switched on. Exiting full-screen mode, switching to another browser tab, or otherwise leaving the Website window causes the Session to end before the selected duration has elapsed.
In the case of a Session conducted by a Participant on the basis of a Session Link, before the Session begins, the Participant is informed on the Website that the Session is taking place at the invitation of another person and that, upon its completion, a Report will be sent to the person who provided the Participant with the Session Link. Starting a Session as a Participant requires confirming acceptance of the Terms of Service and the privacy policy.
The user may, at any time and without stating a reason, cease using the Session by closing the web browser or leaving the Website’s page.

6. USING THE BLOG

The Blog Electronic Service is provided free of charge and for an indefinite period. The Service Recipient may, at any time and without stating a reason, cease using the Blog by closing the web browser or leaving the Website’s page.
Browsing the Blog is normally possible after going to the “Blog” tab, or another one of equivalent meaning, available on the Website, on which posts (articles, news, etc.) published by the Service Provider are placed, referring in particular to the subject matter of the Website and its Electronic Services. Browsing the Blog is possible without the need for registration or performing any other actions by the Service Recipient.
The Service Provider may make available to Service Recipients the option of adding comments under posts on the Blog. Comments by Service Recipients express solely their own opinion and do not constitute the opinion of the Service Provider. It is prohibited to post comments that violate netiquette rules and that contain information that is untrue or may mislead the Service Provider and other Service Recipients, as well as comments containing advertising content or content directly or indirectly promoting other websites, products, and services competing with the Service Provider and its Website. Comments should relate to the content being commented on. Displaying a comment under a post on the Blog may require its prior approval by the Service Provider.
The Service Provider exercises due diligence in updating and verifying the accuracy of the data presented on the Blog. However, the Service Provider cannot guarantee the accuracy and reliability of data posted in comments by Service Recipients.
The Blog may contain information about other products and services, including those offered by third parties in relation to the Service Provider, including links redirecting to external applications or websites operated by those parties. Announcements, advertisements, price lists, catalogues, and other information about products or services posted on the Blog do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code.

7. SUBSCRIPTION TERMS

Use of the Supervision Feature is chargeable under the terms of the Subscription described in this Section 7 of the Terms of Service and in the Price List. The remaining Electronic Services, including the Session, remain free of charge.
Subscription prices are displayed in the Price List and are stated in the currency indicated in the Price List and include applicable taxes. The Service Recipient is informed of the total price including applicable taxes, as well as any other additional fees, and – where their amount cannot be determined – of the obligation to pay them, while placing an Order and expressing their intention to activate a Subscription. In the case of an agreement concluded for an indefinite period or involving a subscription, the Service Provider provides, in the same manner, the total price covering all payments for the Billing Period, and, where the agreement provides for a fixed rate, also the total monthly payments under that agreement.
Activation of a Subscription occurs after the Service Recipient places and pays for an Order via the Order Form available on the Subscription Platform’s website, to which the Service Recipient is redirected from the Website. Activation of the Subscription is equivalent to concluding an agreement for the provision of the Supervision Feature as a digital service provided continuously.
Use of the Order Form begins when the Service Recipient selects the Subscription plan of interest from the Price List. An Order is placed once the Service Recipient has jointly performed the following steps:
completing the Order Form with the data indicated as mandatory, including the Service Recipient’s e-mail address and payment instrument data required for billing purposes, and
clicking the field confirming the purchase – up to that moment, it is possible to independently modify the data entered (for this purpose, the Service Recipient should follow the displayed messages and information available on the Subscription Platform’s website).
The e-mail address provided by the Service Recipient while placing an Order forms the basis for verifying that an active Subscription exists when using the Supervision Feature. The Service Recipient is obliged to provide an e-mail address to which they have actual access and to keep it up to date should it change.
The Order Form service is provided free of charge, is one-off in nature, and ends upon placing an Order through it or upon earlier cessation, by the Service Recipient, of placing an Order through it.
After an Order is placed and paid for, the Service Provider promptly confirms its receipt and simultaneously accepts the Order for fulfilment. Confirmation of receipt of the Order and its acceptance for fulfilment is made by sending the Service Recipient an appropriate e-mail message to the e-mail address provided while placing the Order, which contains at least the Service Provider’s statements confirming receipt of the Order and its acceptance for fulfilment, as well as confirmation of the terms of the selected Subscription plan. Upon receipt by the Service Recipient of the above e-mail message, an agreement for the provision of the Supervision Feature as part of a Subscription is concluded.
The Service Provider makes available to the Service Recipient the following methods of payment for the Subscription:
a. Electronic payments and payment card payments made via the Subscription Platform – current payment methods are indicated while placing an Order.
b. Electronic payments and payment card payments are handled by the Payment Service Provider, namely Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
In the event of problems with payment authorisation or expiry of the payment session, activation of the Subscription does not take effect – to activate the Subscription, the Service Recipient should repeat the Order placement process in the same manner as the first time.
Activation of the Subscription and commencement of the provision of the Supervision Feature occurs automatically, promptly after positive payment authorisation, but no later than within 2 Business Days from the date the payment was made. Payment is deemed to have been made on the day the Service Provider’s settlement account or bank account is credited.
Payment for the Subscription is made in advance for each Billing Period. The length of the Billing Period results from the Subscription plan chosen by the Service Recipient and is 1 month or 1 year, counted from the date of Subscription activation, or, in the case of using the Trial Period, from the date the Trial Period expires. The Billing Period simultaneously constitutes the minimum duration of the Service Recipient’s obligations towards the Service Provider.
Payment for the Subscription is recurring in nature and is automatically renewed at the beginning of each subsequent Billing Period, at the price applicable in accordance with the current Price List, until the Service Recipient cancels the Subscription. Payment is made automatically by charging the Service Recipient’s payment instrument accepted by the Payment Service Provider.
To maintain continuity of the Subscription, the Service Recipient should ensure positive authorisation of their payment method at the beginning of each subsequent Billing Period – otherwise, the Subscription will be interrupted, and its resumption will again be possible through manual activation (placing an Order) in the same manner as the first time.
The Subscription may be cancelled at any time and without stating a reason, in particular using the appropriate option available in the Subscription Panel, or by sending an appropriate request to the Service Provider via e-mail to: contact@dop.am. Cancellation takes effect at the end of the last day of the paid Billing Period, meaning that until that day the Service Recipient retains access to the Supervision Feature, and payment for the next Billing Period is not collected.
Cancelling the Subscription in any mode does not entitle the Service Recipient to a refund for the unused period of using the Supervision Feature. This reservation is not intended to exclude or limit any statutory rights of a Service Recipient who is a Consumer, in particular with regard to the right of withdrawal from a distance agreement referred to in Section 11 of these Terms of Service.
The Service Provider reserves the right to make changes to the Price List, provided that such changes will in no way infringe the acquired rights of Service Recipients; in particular, changes will have no effect on agreements already concluded, being performed, or performed, including Subscription Billing Periods already begun and completed. Should a change result in any increase in price or a change to other material parameters of the Subscription, the Service Recipient must confirm their consent to the planned change each time before an automatic payment can be collected for the next Billing Period. If consent is not given before the planned entry into force of such a change, payment for the next Billing Period will not be automatically renewed, and the Subscription will expire at the end of the last day of the current Billing Period. After it expires, the Service Recipient may still reactivate the Subscription (place an Order) manually, in the same manner as the first time.
In addition to the foregoing provisions, the Service Provider may provide a free Trial Period for the Subscription in accordance with the following rules:
a. Unless the Price List provides otherwise, the Service Recipient is entitled to a one-time Trial Period of 7 calendar days from the date of the first Subscription activation. During the Trial Period, the Service Recipient uses the Supervision Feature to the full extent resulting from the chosen Subscription plan.
b. Starting the Trial Period requires the Service Recipient to provide payment instrument data while placing the Order. The obligation to make payment for the first Billing Period of the Subscription arises on the part of the Service Recipient only upon expiry of the Trial Period – at that point, payment is collected automatically in accordance with Section 7.14 of these Terms of Service, provided the Service Recipient has not previously cancelled the Subscription.
c. Before the Trial Period expires, the Service Recipient may cancel the Subscription free of charge at any time and without stating a reason (e.g., using the appropriate option available in the Subscription Panel) – in such a case, the cancellation becomes effective at the end of the last day of the Trial Period, during which the Service Recipient may still use the Supervision Feature without incurring fees, and payment for the first Billing Period is not collected.
d. The Trial Period is not suspended or restored in the event the Service Recipient cancels the Subscription before it expires.
The recording, securing, and making available to the Service Recipient of the content of the concluded agreement takes place through:
1. making these Terms of Service available on the Website before Subscription activation,
2. displaying the Subscription price and the date of its next renewal before the Service Recipient confirms the purchase on the Subscription Platform’s website,
3. sending the Service Recipient the confirmation e-mail referred to in Section 7.7 of these Terms of Service, and
4. displaying information about the active Subscription plan and its renewal date in the Subscription Panel.
The content of the agreement is additionally recorded and secured in the IT system used by the Service Provider (the Zanfia system).
With respect to a Service Recipient who is a Consumer, the Service Provider may make a change to the digital service provided continuously that is not necessary to maintain its conformity with the agreement, only if at least one of the justified reasons exists, i.e., where the change is necessary to adapt the service to a new technical environment, to an increase in the number of users, or for other significant operational reasons – and only to the extent that this reason affects the change. Introducing the change referred to above may not involve any costs on the part of the Service Recipient, and the Service Provider is obliged to inform the Service Recipient in a clear and comprehensible manner about the change being made. If the change referred to above materially and adversely affects the Service Recipient’s access to, or use of, the service, the Service Provider is obliged to inform them, with reasonable advance notice, on a durable medium, of the characteristics and timing of that change and of the right to terminate the agreement without notice within 30 days of the date the change is made or of being informed of the change, if the notification took place later than the change. The right of termination referred to in the preceding sentence does not apply if the Service Provider has ensured that the Service Recipient retains, at no additional cost, the right to keep the service conforming to the agreement, unchanged.

8. RULES FOR USING THE SUPERVISION FEATURE

This Section 8 of the Terms of Service sets out the rules for using the Supervision Feature, i.e., the digital service that is the subject of the agreement concluded with the Service Provider within the scope of an activated Subscription. These rules apply in the absence of separate terms established for a given Subscription plan (e.g., in the Price List or in the description of the Subscription plan), or to the extent not regulated by separate terms.
Access to the Supervision Feature is reserved for Subscribers holding an active Subscription. Use of the Supervision Feature is possible for the duration of the Subscription, on the terms set out in Section 7 of these Terms of Service.
The Supervision Feature includes, in particular:
generating Session Links with the option of choosing the Session length;
labelling a Participant to enable the Subscriber to distinguish between Reports received;
receiving a Report after each Session conducted by a Participant on the basis of a Session Link; and
multiple use of a generated Session Link. The current scope of the Supervision Feature resulting from the chosen Subscription plan is presented on the Subscription Platform’s website.
A Session Link is generated once the Subscriber has jointly performed the following steps:
providing the e-mail address to which Reports are to be sent, with that address becoming permanently associated with the Session Link being generated,
optionally providing a Participant label,
selecting the Session length, and
clicking the field generating the Session Link.
Generation of a Session Link is preceded by verification that an active Subscription exists, carried out on the basis of the e-mail address provided. In the absence of an active Subscription assigned to the provided e-mail address, the Session Link is not generated, and Reports are not sent.
The Session Link is provided to the Participant by the Subscriber, in particular by copying the Session Link or by using the options made available on the Website for sending the Session Link via e-mail or third-party external communication services. Use of the option to send the Session Link via a third-party service takes place on the terms set out by that third party. The Subscriber independently decides to whom they provide the Session Link and is responsible for its provision.
The Report is sent automatically after the Participant completes the Session to the e-mail address associated with the Session Link. The Report contains information on the result of the Session, its length, and the date it was conducted. Delivery of the Report requires the Subscriber to ensure the proper operation of their e-mail inbox.
The Subscriber is obliged to provide the Session Link only to persons in respect of whom they are entitled to do so, and to inform the Participant, before the Session is conducted, that upon its completion a Report will be sent to the Subscriber. The Subscriber is obliged to have all rights, permissions, or consents of third parties for actions taken in respect of those persons within the functionalities of the Service, where required by applicable law, including in particular provisions on the protection of personal data or personal rights.
The Subscriber is responsible for the content they enter within the Supervision Feature, in particular for the content of the Participant label. It is prohibited to enter, within the Participant label, Illegal Content, content non-compliant with these Terms of Service, or data that is not necessary to distinguish between Reports received. The Service Provider recommends that the Participant label not contain data enabling their identification (personal data) to a greater extent than necessary.
The Service Provider reserves the right to remove a Participant label and invalidate a Session Link, and, ultimately, also to suspend access to the Supervision Feature, solely for important reasons consisting of a breach of the Terms of Service by the Subscriber, in particular where:
1. the Subscriber provides incomplete or false contact or identification data;
2. the Subscriber is in arrears with any payments due to the Service Provider;
3. the Subscriber’s actions unlawfully harm the reputation of the Service Provider or the Website;
4. the Subscriber uses the Website or the Supervision Feature in a manner inconsistent with their purpose and subject matter, in particular by breaching the prohibitions set out in Section 8.12 of these Terms of Service;
5. the Subscriber provides Illegal Content or other content non-compliant with these Terms of Service on the Website, including vulgar and offensive content, content infringing the personal rights, copyright, intellectual property rights, or other rights of third parties; or
6. the Subscriber’s actions create a risk to the security of the Service Provider’s and Website’s IT system, or to the security of other Service Recipients while using the Service.
Subject to exceptions provided for by generally applicable provisions and to different arrangements with the Service Provider:
1. the Subscriber is not entitled to make the Supervision Feature available to third parties, in particular by way of rental, loan, or resale of access;
2. the Subscriber is not entitled to use the Supervision Feature or Reports for profit-making purposes, including placing them on the market, unless use of the Supervision Feature takes place within the Subscriber’s own business or professional activity for their own use;
3. the Subscriber is not entitled to transfer, sublicense, or authorise other persons to use the Supervision Feature;
4. the Subscriber is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble, or otherwise attempt to interfere with the Website and the Supervision Feature, unless necessary to ensure their proper use in accordance with the agreement.
Before deciding to invalidate a Session Link or suspend access to the Supervision Feature, the Service Provider, to the extent possible, calls on the Subscriber to cease the breach, and only if the call proves ineffective or impossible does the Service Provider make an appropriate decision. Promptly after making the decision, the Service Provider sends the Subscriber a message stating the reason for it to the e-mail address associated with the Subscription, together with information on the available options for appealing the decision – under the complaint procedure set out in Section 10 of these Terms of Service.

9. CONTACTING THE SERVICE PROVIDER

The principal means of ongoing remote communication with the Service Provider is e-mail (contact@dop.am), through which information relating to the use of the Website can be exchanged with the Service Provider, including obtaining technical support in the event of any problems related to the operation of the Website and its Electronic Services, including the Supervision Feature. Service Recipients may also contact the Service Provider in other legally permissible ways, using the contact details indicated at the beginning of these Terms of Service.
The Service Provider does not designate specific days and hours for handling inquiries sent to the above-mentioned e-mail address. The time limits for handling complaints and other requests are set out in Section 10 of these Terms of Service and in generally applicable provisions of law.

10. COMPLAINT HANDLING PROCEDURE

This Section 10 of the Terms of Service sets out the complaint handling procedure common to all complaints submitted to the Service Provider, in particular complaints regarding the Subscription and the Supervision Feature, Electronic Services, and other complaints related to the activity of the Service Provider or the Website.
A complaint may be submitted, for example:
a. in writing to: ul. Opłotkowa 11, 51-007 Wrocław, Poland;
b. electronically via e-mail to: contact@dop.am.
It is recommended that the description of the complaint include:
information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the agreement;
a request for a specific method of bringing about conformity with the agreement, or a statement on price reduction or withdrawal from the agreement, or another claim; and
the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are recommendations only and do not affect the effectiveness of complaints submitted without the recommended complaint description.
If the contact details provided by the person submitting the complaint change while the complaint is being processed, that person is obliged to notify the Service Provider accordingly.
Evidence related to the subject matter of the complaint (e.g., screenshots, the content of received messages, documents) may be attached to the complaint by the person submitting it. The Service Provider may also ask the person submitting the complaint to provide additional information or evidence, if this will facilitate and speed up the handling of the complaint by the Service Provider.
The Service Provider will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.
Below is additional information regarding the Service Provider’s statutory liability for performance:
a. The basis and scope of the Service Provider’s liability towards the Service Recipient under a concluded agreement for the provision of a service, including an Electronic Service, are determined by generally applicable provisions of law, in particular the Civil Code and the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text, Journal of Laws of 2020, item 344, as amended).
b. In the case of a complaint concerning digital content or digital services provided under an agreement concluded with a Service Recipient who is a Consumer, the provisions of the Consumer Rights Act, as in force from 1 January 2023, apply, in particular Articles 43h–43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Service Provider’s liability towards the Consumer in the event of a lack of conformity of the digital content or digital service with the concluded agreement.

11. STATUTORY RIGHT OF WITHDRAWAL

A Consumer who has concluded a distance agreement may withdraw from it within 14 calendar days without stating a reason and without incurring costs, subject to the agreements listed in Section 11.5 and the costs set out in Section 11.6 of these Terms of Service.
The period for withdrawal from an agreement whose subject matter is the use of Website services, including the agreement for the provision of the Supervision Feature as part of a Subscription, begins on the date the agreement with the Service Provider is concluded (Subscription activation).
To meet the deadline for withdrawal from the agreement, it is sufficient to send a statement before it expires. A statement of withdrawal from the agreement may be submitted, for example:
a. in writing to: ul. Opłotkowa 11, 51-007 Wrocław, Poland;
b. electronically via e-mail to: contact@dop.am.
The Consumer may use the model withdrawal form, which constitutes Annex No. 2 to the Consumer Rights Act and additionally constitutes Annex No. 1 to these Terms of Service, although this is not mandatory.
Below are the statutory exceptions in respect of which the Consumer does not have the right to withdraw from a distance agreement. The right to withdraw from a distance agreement does not apply to the Consumer in respect of agreements:
a. for the provision of services for which the Consumer is obliged to pay the price, if the trader has fully performed the service with the express and prior consent of the Consumer, who was informed before the service began that, once the trader has fully performed the service, they will lose the right to withdraw from the agreement, and acknowledged this;
b. in which the price or remuneration depends on fluctuations in the financial market over which the trader has no control and which may occur before the expiry of the withdrawal period;
c. in which the subject matter of performance is a non-prefabricated good, manufactured according to the Consumer’s specifications or intended to meet their individualised needs;
d. in which the subject matter of performance is a good that is liable to deteriorate or expire quickly;
e. in which the subject matter of performance is a good delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery;
f. in which the subject matter of performance is goods which, after delivery, are, by their nature, inseparably mixed with other items;
g. in which the subject matter of performance is alcoholic beverages, the price of which was agreed upon at the conclusion of the sales agreement, delivery of which can take place only after 30 days, and the value of which depends on fluctuations in the market over which the trader has no control;
h. in which the Consumer has expressly requested the trader to visit them to carry out urgent repair or maintenance work; if the trader provides additional services other than those requested by the Consumer, or supplies goods other than the spare parts necessary to carry out the repair or maintenance, the right to withdraw from the agreement applies to the Consumer in respect of the additional services or goods;
i. in which the subject matter of performance is sound or visual recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery;
j. for the supply of newspapers, periodicals, or magazines, except for subscription agreements;
k. concluded through a public auction;
l. for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sporting, or cultural events, if the agreement specifies a date or period for performance of the service;
m. for the supply of digital content not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the trader began performance with the express and prior consent of the Consumer, who was informed before the performance began that, once the trader has fully performed the service, they will lose the right to withdraw from the agreement, and acknowledged this, and the trader provided the Consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act;
n. for the provision of services in respect of which the Consumer expressly requested the trader to visit them to carry out a repair, and the service has already been fully performed with the express and prior consent of the Consumer.
In the event of effective withdrawal from an agreement to which none of the exceptions listed in Section 11.5 of these Terms of Service applies, the following provisions governing the effects and costs associated with the Consumer’s exercise of the right of withdrawal shall apply:
a. The Service Provider is obliged, promptly, no later than within 14 calendar days from the date of receiving the Consumer’s statement of withdrawal from the agreement, to refund the Consumer all payments made by them, subject to the cost of performance already begun in accordance with Section 11.6(b) below. The Service Provider refunds the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not involve any costs for them.
b. In the case of a service the performance of which – at the Consumer’s express request – began before the expiry of the withdrawal period (e.g., after Subscription activation), a Consumer who exercises the right of withdrawal after submitting such a request is obliged to pay for the performance rendered up to the moment of withdrawal from the agreement. The amount payable is calculated proportionally to the extent of the performance rendered, taking into account the price or remuneration agreed in the agreement. If the price or remuneration is excessive, the market value of the performance rendered shall be the basis for calculating that amount.
c. In the case of withdrawal from an agreement whose subject matter is digital content or digital services, the Service Provider may not, from the date of receiving the Consumer’s statement of withdrawal from the agreement, use content other than personal data provided or created by the Consumer while using the digital content or digital service provided by the Service Provider, except for content that: (1) is useful solely in connection with the digital content or digital service that was the subject of the agreement; (2) relates solely to the Consumer’s activity while using the digital content or digital service provided by the Service Provider; (3) has been combined by the Service Provider with other data and cannot be separated from it, or can only be separated with disproportionate effort; (4) was created by the Consumer jointly with other Consumers, who can continue to use it. Except in the cases referred to above in points (1)–(3), the Service Provider, at the Consumer’s request, makes available to them content other than personal data that was provided or created by the Consumer while using the digital content or digital service provided by the Service Provider. In the event of withdrawal from the agreement, the Service Provider may prevent the Consumer from further using the digital content or digital service, which does not affect the Consumer’s entitlements referred to in the preceding sentence. The Consumer has the right to retrieve digital content from the Service Provider free of charge, without hindrance from the Service Provider, within a reasonable time and in a commonly used, machine-readable format.
d. In the case of withdrawal from an agreement whose subject matter is digital content or digital services provided by the Service Provider, the Consumer is obliged to cease using the digital content or digital service and to cease making it available to third parties.

12. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO SUCH PROCEDURES

Methods of dispute resolution without court involvement include, among others:
enabling the parties’ positions to be brought closer together, e.g., through mediation;
proposing a resolution of the dispute, e.g., through conciliation; and
resolving the dispute and imposing its resolution on the parties, e.g., through arbitration. Detailed information regarding the Consumer’s ability to use out-of-court complaint and redress procedures, the rules of access to such procedures, and a user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Polish Office of Competition and Consumer Protection (UOKiK) at: https://polubowne.uokik.gov.pl/.
A contact point operates at the Office of the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide Consumers with information regarding out-of-court resolution of consumer disputes. The Consumer may contact the contact point:
by telephone – by calling 22 55 60 332 or 22 55 60 333;
by e-mail – by sending a message to: kontakt.adr@uokik.gov.pl; or
in writing or in person – at the Office’s headquarters at plac Powstańców Warszawy 1, Warsaw (00-030), Poland.
The Consumer has, among others, the following example options for using out-of-court complaint and redress procedures:
an application for resolution of the dispute to a standing amicable consumer court;
an application for out-of-court resolution of the dispute to the provincial inspector of Trade Inspection; or
assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include the protection of Consumers (including the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other ways, by e-mail at porady@dlakonsumentow.pl and via the consumer helpline number 801 440 220 (helpline available on Business Days, from 8:00 a.m. to 6:00 p.m., call charged at the operator’s standard rate).

13. PROVISIONS CONCERNING SERVICE RECIPIENTS WHO ARE NOT CONSUMERS

This Section 13 of the Terms of Service, and all provisions contained therein, are not addressed to, and therefore do not bind, a Service Recipient who is a Consumer, unless the application to them of the provisions contained in this Section is not prohibited.
The Service Provider has the right to withdraw from the agreement within 14 calendar days from the date of its conclusion. Withdrawal from the agreement in this case may take place without stating a reason and does not give rise to any claims by the Service Recipient against the Service Provider.
The Service Provider’s liability under warranty, or for a lack of conformity of content or digital services with the agreement, is hereby excluded.
The time limit for responding to a complaint from a Service Recipient is up to 30 calendar days from the date of its receipt.
Cancellation of the Subscription or any other paid service by the Service Recipient, regardless of the reason, does not entitle the Service Recipient to a refund of the price paid, nor does it release them from the obligation to pay for the services ordered.
The Service Provider may terminate the agreement for the provision of an Electronic Service with immediate effect and without giving reasons, by sending the Service Recipient an appropriate statement.
The Service Provider is not liable to the Service Recipient for damages and for failure to fulfil obligations resulting from an event of a force majeure nature (e.g., unannounced interruptions in the supply of electricity or access to the Internet, hacking attacks, natural disasters, epidemics, wars, riots, disturbances, floods, fires, earthquakes, labour strikes, acts of executive or legislative authority) or any other causes beyond the Service Provider’s control.
Any delay or failure to comply with the terms of performance of the agreement by the Service Provider shall not constitute grounds for the Service Recipient to withdraw from the agreement or to claim compensation for losses incurred or other equivalent payments, if the non-performance or improper performance of the agreement was caused by factors for which the Service Provider is not responsible and to whose occurrence it did not contribute.
The Service Provider’s liability towards the Service Recipient, regardless of its legal basis, is limited – both in respect of a single claim and for all claims in aggregate – to the amount of remuneration paid for the Subscription for the period of the last year, and in any case not more than the amount of one thousand Polish złoty. The monetary limitation referred to in the preceding sentence applies to all claims made by the Service Recipient against the Service Provider, including in the case of no agreement having been concluded, or claims not directly related to that agreement. The Service Provider is liable to the Service Recipient only for typical damages foreseeable at the time the agreement was concluded and is not liable for lost profits.
Any disputes arising between the Service Provider and the Service Recipient shall be submitted to the court having jurisdiction over the Service Provider’s registered office.

14. ILLEGAL CONTENT AND OTHER CONTENT NON-COMPLIANT WITH THE TERMS OF SERVICE

This Section of the Terms of Service contains provisions arising from the Digital Services Act in relation to the Website and the Service Provider. As a rule, the Service Recipient is not obliged to provide content while using the Website, unless the Terms of Service require the provision of specific data (e.g., data for placing an Order or data necessary to generate a Session Link). The Service Recipient may also have the option of providing and storing data using tools made available for this purpose by the Service Provider. Whenever the Service Recipient provides content, they are obliged to comply with the rules contained in these Terms of Service.
CONTACT POINT – The Service Provider designates the e-mail address contact@dop.am as its single contact point. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, and simultaneously enables recipients of the service (including Service Recipients) to communicate directly, quickly, and in a user-friendly manner with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.
Procedure for notifying Illegal Content and acting in accordance with Article 16 of the Digital Services Act:
a. Any person or entity may notify the Service Provider, at the e-mail address contact@dop.am, of the presence of specific information which that person or entity considers to be Illegal Content.
b. A notice should be sufficiently precise and adequately substantiated. For this purpose, the Service Provider enables and facilitates the submission, to the e-mail address indicated above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the information in question is Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and e-mail address of the person or entity submitting the notice, except in the case of a notice concerning information considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the person or entity submitting the notice that the information and allegations contained therein are accurate and complete.
c. A notice referred to above is considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the specific piece of information concerned, where it allows a diligent Service Provider to identify, without a detailed legal examination, the illegal nature of the activity or information in question.
d. If the notice contains the electronic contact details of the person or entity that submitted it, the Service Provider, without undue delay, sends that person or entity confirmation of receipt of the notice. The Service Provider also notifies that person or entity, without undue delay, of its decision in respect of the information to which the notice relates, providing information on the possibility of appealing the decision.
e. The Service Provider handles all notices received under the mechanism referred to above, and takes decisions in respect of the information to which the notices relate, in a timely, non-arbitrary, and objective manner and with due care. Where the Service Provider uses automated means for such handling or decision-making, it includes information about this in the notification referred to in the preceding point.
Information regarding the restrictions that the Service Provider imposes in connection with the use of the Website, in relation to information provided by the Service Recipient:
a. Irrespective of the other applicable provisions of these Terms of Service, the Service Recipient is bound by the following rules when providing any content within the Website:
1. an obligation to use the Website, including to post content (e.g., within Orders, a Participant label), in accordance with its purpose, these Terms of Service, and in a manner consistent with the law and good practice, having regard to respect for the personal rights and the copyright and intellectual property rights of the Service Provider and third parties;
2. an obligation to enter content consistent with the actual facts and in a manner that is not misleading;
3. a prohibition on providing content of an unlawful nature, including a prohibition on providing Illegal Content;
4. a prohibition on sending unsolicited commercial communications (spam) via the Website;
5. a prohibition on providing content that violates generally accepted netiquette rules, including content that is vulgar or offensive;
6. an obligation to have – where necessary – all required rights and permissions to provide such content on the pages of the Website, in particular copyright or required licences, permissions, and consents for its use, dissemination, making available, or publication, in particular the right to publish and disseminate it on the Website and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties;
7. an obligation to use the Website in a manner that does not create a risk to the security of the IT system of the Service Provider, the Website, or third parties.
  b. The Service Provider reserves the right to moderate content provided by Service Recipients on the pages of the Website. Moderation takes place in good faith and with due diligence, either on the Service Provider’s own initiative or in response to a notice received, in order to detect, identify, and remove Illegal Content or other content non-compliant with the Terms of Service, or to disable access to it, or to take necessary measures to comply with the requirements of European Union law and national law compliant with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms of Service.
  c. The moderation process may take place manually, by a human, or may be based on automated or partially automated tools facilitating the Service Provider’s identification of Illegal Content or other content non-compliant with the Terms of Service. Once such content has been identified, the Service Provider decides whether to remove or disable access to the content, or otherwise limit its visibility, or takes other actions it deems necessary (e.g., contacting the Service Recipient to clarify concerns and amend the content). The Service Provider will inform, in a clear and easily understandable manner, the Service Recipient who provided the content (if their contact details are available) of its decision, the reasons for it, and the available options for appealing that decision.
  d. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including recipients of the service, in particular having regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.
Any comments, complaints, appeals, or objections regarding decisions, other actions, or a failure to act by the Service Provider on the basis of a notice received, or a decision of the Service Provider made in accordance with the provisions of these Terms of Service, may be submitted using a procedure analogous to the complaint procedure set out in Section 10 of these Terms of Service. Use of this procedure is free of charge and enables complaints to be submitted electronically to the e-mail address provided. Use of the procedure for submitting and handling complaints is without prejudice to the right of the person or entity concerned to initiate court proceedings and does not affect their other rights.
The Service Provider handles any comments, complaints, appeals, or objections regarding decisions, other actions, or a failure to act by the Service Provider on the basis of a notice received or a decision made, in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other notice contains sufficient grounds for the Service Provider to consider that its decision not to act in response to the notice is unfounded, or that the information to which the complaint relates is not illegal and not non-compliant with the Terms of Service, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider, without undue delay, reverses or amends its decision regarding the possible removal of, or disabling access to, the content, or otherwise limiting its visibility, or takes other action it deems necessary.
Service Recipients or other persons or entities that submitted a notice of Illegal Content, to which the Service Provider’s decisions regarding Illegal Content or content non-compliant with the Terms of Service are addressed, have the right to select any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State, for the purpose of resolving disputes relating to those decisions, including in respect of complaints that have not been resolved within the Service Provider’s internal complaint-handling system.

15. INTERRUPTIONS AND TECHNICAL FAILURES

The Service Provider makes reasonable efforts to ensure the proper and uninterrupted operation of the Website. However, due to the complexity and degree of sophistication of the Service and its Electronic Services, as well as due to external factors beyond the Service Provider’s control (e.g., DDoS – distributed denial of service – attacks), errors and technical failures may occur that prevent or in any way limit the functioning of the Website and its Electronic Services. In such a case, the Service Provider takes all possible and reasonable measures aimed at limiting the negative effects of such events as far as possible.
The Service Provider promptly informs Service Recipients of any errors and technical failures referred to above and of the anticipated date of their removal.
In addition to interruptions caused by errors and technical failures, other technical interruptions may also occur, during which the Service Provider takes actions aimed at developing the Service and protecting it against errors and technical failures.
The Service Provider is obliged to plan technical interruptions in such a way as to make them as least burdensome as possible for Service Recipients, in particular by scheduling them for times of reduced traffic on the Service (e.g., night hours) and only for the time necessary for the Service Provider to carry out the necessary actions. The Service Provider informs Service Recipients of planned technical interruptions with reasonable advance notice, also stating the anticipated duration of the planned interruption.
The Service Provider is not liable to the Service Recipient for damages and for failure to fulfil obligations resulting from any errors and technical failures and technical interruptions referred to in this Section 15 of the Terms of Service. This Section 15 of the Terms of Service is not intended to exclude or limit the statutory liability of the Service Provider towards a Service Recipient who is a Consumer, or any other entitlements of that Service Recipient granted to them by generally applicable provisions of law.

16. COPYRIGHT TO THE WEBSITE

Copyright and intellectual property rights to the Website as a whole and to its individual elements, including content, graphics, works, designs, and marks available within it, as well as to the Supervision Feature and the Reports generated within it, belong to the Service Provider or other authorised third parties and are protected by Copyright Law and other generally applicable provisions of law. The protection granted to the Website covers all forms of its expression.
The Website should be treated in the same way as any other copyright-protected work. The Service Recipient has no right to copy the Website, except in cases permitted by mandatory provisions of law. The Service Recipient also undertakes not to modify, adapt, translate, decode, decompile, disassemble, or in any other way attempt to determine the source code of the Website, except in cases permitted by mandatory provisions of law.
Use by the Service Recipient of the Supervision Feature and of the Reports received is possible solely for the Service Recipient’s own, personal use, including within their own business or professional activity, to the extent set out in these Terms of Service and in the provisions of Copyright Law. The Service Recipient is only entitled to use the functionalities and content made available to them in a manner consistent with their purpose and subject matter, to the extent necessary to use them for the purposes for which they were made available in accordance with these Terms of Service and the information available on the pages of the Website, and, in the absence of a specific purpose being defined, for the purposes for which content of that kind is usually used, having regard to applicable provisions of law, technical standards, or good practice.
Trademarks of the Service Provider and of third parties should be used in accordance with applicable provisions of law.
Individual elements of the Website and third-party tools that the Service Recipient uses in connection with the Website (in particular the Subscription Platform and external communication services used to provide the Session Link) may be subject to separate terms of service and licences of use – in such a case, those terms take precedence over the provisions of this Section of the Terms of Service to the extent relating to those tools, and the Service Recipient is also obliged to comply with them.

17. FINAL PROVISIONS

Agreements concluded through the Website are concluded in the Polish language and in accordance with Polish law.
The Service Provider reserves the right to make changes to these Terms of Service for important reasons, namely: changes in the law; being subject to a legal or regulatory obligation; changes in the type or form of Electronic Services or other services of the Service provided; the addition or removal of Electronic Services or other services of the Service; changes in the methods and deadlines for payment or performance of the agreement; changes to the Price List; changes to the Subscription Platform or the Payment Service Provider; the need to counteract an unforeseen and direct threat related to the protection of the Website, including its Electronic Services, the Supervision Feature, and Service Recipients, against fraud, malicious software, spam, data breaches, or other cybersecurity threats; and the improvement of the quality of service provided to Service Recipients – to the extent that such changes affect the implementation of the provisions of these Terms of Service.
Notice of proposed changes is sent at least 15 days before the date on which such changes enter into force, provided that a change may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms of Service in a manner that prevents it from observing the 15-day notice period; or (2) must, by way of exception, amend its Terms of Service in order to counteract an unforeseen and direct threat related to the protection of the Website, including its Electronic Services, the Supervision Feature, and Service Recipients, against fraud, malicious software, spam, data breaches, or other cybersecurity threats. In the latter two cases referred to in the preceding sentence, the changes are introduced with immediate effect, unless it is possible or necessary to apply a longer period for introducing the changes, of which the Service Provider will notify in each case.
In the case of continuous agreements (e.g., a Subscription), the Service Recipient has the right to terminate the agreement with the Service Provider before the expiry of the notice period for the proposed changes. Such termination becomes effective 15 days after the date of receipt of the notice. In the case of a continuous agreement, the amended Terms of Service bind the Service Recipient if they were properly notified of the changes in accordance with the notice period before their introduction and did not terminate the agreement during that period. In addition, at any time after receiving notice of the changes, the Service Recipient may accept the changes being introduced and thereby waive the remainder of the notice period. In the case of an agreement of a nature other than a continuous agreement, changes to the Terms of Service will not, in any way, affect rights acquired by the Service Recipient before the date the changes to the Terms of Service enter into force; in particular, changes to the Terms of Service will have no effect on Orders already being placed or already placed, or on agreements concluded, being performed, or performed.
If a change to the Terms of Service results in the introduction of any new fees or an increase in existing ones, a Service Recipient who is a Consumer has the right to withdraw from the agreement.
In matters not regulated by these Terms of Service, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text, Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; Copyright Law; and other applicable generally binding provisions of law.
These Terms of Service do not exclude the provisions in force in the country of habitual residence of a Consumer concluding an agreement with the Service Provider, which cannot be excluded by agreement. In such a case, the Service Provider guarantees the Consumer the protection afforded to them under provisions that cannot be excluded by agreement.

Thank you for reading carefully!

Should you have any questions, we remain at your disposal – please contact us using the details provided at the beginning of these Terms of Service.

We invite you to use our services.