Terms of Service
1. Definitions, Binding Agreement
1.1. Definitions
The following terms used in these Terms of Service shall have the meanings given to them below:
- Act on Provision of Electronic Services means the Act of 18 July 2002 on the provision of services by electronic means (i.e. of 3 March 2020, Journal of Laws 2020 item 344).
- Activation Link means an encoded link generated after registration for the Volumeen Application, individually assigned to the Customer, which after the completion of the access code enables access to the Customer Account.
- Booking Services means the appointment-scheduling services made available by Operator through the Volumeen Application.
- Volumeen Application means any mobile or web application related to the Services designed and developed, and/or made available by Operator and available through the Apple Store and Google Play stores.
- Volumeen Site means the website bearing the URL https://www.volumeen.com and all affiliated websites owned and operated by the Provider, our subsidiaries, and related companies.
- Business Dashboard or Business Account means the part of the application available to users with an active subscription, where such users can manage their business profile.
- Licensor means the owner of the intellectual property of the Volumeen Application.
- Licensee, Operator or Provider means an entity that operates and offers the Service under a valid commercial license granted by the Licensor.
- Business means a small or medium business and seller of goods, services, or products who use the Services to allow Customers to book, manage, view, and cancel appointments. Each Business is an entrepreneur within the meaning of the generally applicable provisions of law.
- Customer means any natural person who uses the Volumeen Application to schedule an appointment, manage appointments, browse health-, beauty-, and wellness-related content and services, whether said individual registers directly for the use of the Volumeen Application or is added by a Business through whom Customer obtains services.
- us, we, our and/or Volumeen means the current Provider of Volumeen Application and all its designated agents, employees, and subsidiaries.
- you and/or User means the User of the Services, whether as a Business or Customer.
- Services means, collectively, any and all services offered by us, including but not limited to the Volumeen Application and any other services or features made available by Volumeen through the Volumeen Application.
- Mobile Application means software together with elements other than software, in a version for mobile devices, through which the Customer may use the functionalities of the System. Collectively, a mobile application dedicated to Customers and another dedicated to Businesses.
- Settlement Period means the period for which the Subscription Fee is charged (monthly or yearly, as selected by the User), starting on the activation date of the chargeable Services and ending on the last day of that period.
- Subscription Fee means a fee for the use of the Services in a given Settlement Period, paid by the Customer in an amount specified in the Price List.
- Terms of Service, Terms and/or Agreement mean these terms as set forth herein.
- Website means an organised IT and information platform enabling the User to use the Services and access digital content provided by the Service Provider, available at the domain address www.volumeen.com and its subdomains.
- Dispute means any claim, conflict, controversy, or disagreement between the Parties arising out of, or related in any way to, these Terms (or any Terms, supplement or amendment contemplated by these Terms,) including, without limitation, any action in tort, contract, or otherwise, at equity or at law, or any alleged breach, including, without limitation, any matter with respect to the meaning, effect, validity, performance, termination, interpretation, or enforcement of these Terms or any terms contemplated by the Terms.
- Commercial Content means content which advertises or promotes a commercial product or service.
- Price List means a list of information on the fees for the Services provided by the Service Provider, available on the Website under the tab “Pricing”, at the address: https://www.volumeen.com/pricing, constituting an integral part of these Terms of Service.
- Contract means a contract for the Provision of Electronic Service, executed remotely between the Service Provider and the Customer, the subject and content of which is determined by the provisions of these Terms of Service, Price List and information on the Services available on the Website.
- Consumer means a natural person who makes a legal transaction with an entrepreneur that is not related directly to his/her economic or professional activity, as well as an entrepreneur running a sole proprietorship, entering into contracts of a non-professional nature, who is granted a consumer nature rights under the provisions of law (including the Act on Consumer Rights and the Civil Code).
- User Account or Account means a part of the Website, constituting a set of resources and rights assigned to a particular Customer, available after logging in with a login and password, through which the Customer has access to the System and may use the Services.
- Entrepreneur means a natural person not being a Consumer, a legal person or an organisational unit which is not a legal person and to which a separate act grants legal capacity, performing business, including partners of a civil law partnership, to the extent of the business activity they perform.
- GDPR means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
- Provision of Electronic Services means a provision of the Services to the Customer without the simultaneous presence of the parties (at a distance) through the transmission of data at the individual request of the Customer, which are transmitted and received through electronic processing equipment, including digital compression, and data storage, which is entirely sent, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004. - Telecommunications Law.
1.2. Binding Agreement
- The following Terms of Service, together with the relevant information set out on the Services, and including any features and services available, are subject to the Terms of Service set forth below. Please read them carefully as any use of the Services, whether directly through us or via a Third-Party Platform, constitutes an agreement, without acceptance, to be bound thereby by the User. By accessing or using the Services or clicking “accept” or “agree” to this Agreement, you represent:
- that you are at least eighteen (18) years old (and in some jurisdictions twenty-one (21) years old),
- are not prohibited by law from accessing or using the Services,
- you have read, understand, and agree to be bound by this Agreement,
- you have authority to register a Business and act on its behalf.
-
These Terms of Service are subject to the Privacy Policy, which also governs your use of the Services. Our Privacy Policy is available here: https://www.volumeen.com/privacy-policy. In addition, each Business and Third-Party Platform shall have his, her, or its own Terms of Service, which bind all Customer/Business transactions.
-
The Parties acknowledge and agree that each Business, Customer, Third-Party Platform, subsidiary, parent, and affiliate of us shall be a third-party beneficiary to the Terms of Service and that such other persons and/or companies shall be entitled to directly enforce and rely upon any provision of these Terms of Service which confers a benefit upon them. No other parties shall be third party beneficiaries to these Terms of Service.
2. General provisions
2.1. Terms of use and scope of the Agreement
- These Terms of Service define the type, scope and conditions of Provision of Electronic Services through the Website, including the terms of use of the System.
- The use of the Website and the Services provided through it requires prior acknowledgement with these Terms of Service and their approval. The failure to accept the Terms of Service prevents you from placing an order and using the Services.
2.2. Volumeen platform core and relationship between Customers, Businesses and the Operator
- At its core, Volumeen acts as a software as a service to allow its Users to book, manage, view, and cancel appointments. In addition, the Volumeen platform and all related Volumeen applications allow Users to browse, view, and review content and potential service providers for health, wellness and beauty related services.
Volumeen does not have control over:
- the quality, safety, morality or legality of any aspect of any Services offered by Businesses using our Services,
- the truth or accuracy of the listings or directory information provided to us by Businesses,
- the timeliness or accuracy of any Business appointment calendar,
- the ability of Businesses to provide Services booked,
- the identity of any Business or Customer, or
- the ability of Customers to pay for Services.
We do not and cannot ensure that a Business or Customer will actually complete a transaction. If you rely on any of the information provided by or on the Services, you do so solely at your own risk.
- You acknowledge and agree that we do not sell or purchase, offer to sell or purchase, invite to sell or purchase, or make or solicit any offers. In all instances except where noted, all sales and services are advertised, solicited, offered, accepted, made, and delivered by Businesses with whom a customer directly contracts. At no time will a customer/merchant relationship exist between Volumeen or Operator except as explicitly noted. In all instances, any solicitation, invitation, offer, advertisement or communication is void where prohibited by law.
2.3. Responsibility for the accuracy of information
We are not responsible if information made available on the Services is not accurate, complete, or current, including but not limited to the corporate information of a Business, calendar availability, and bookings made.
2.4. Errors in the Services
If you encounter any error in the service, let us know at contact@volumeen.com or if you are an active user use a contact form available in the Volumeen Application (if you are a Business use contact form available in the Business Dashboard). We do not warrant that any errors in the Services will be corrected.
2.5. Updates to Terms of Service
Volumeen may update or revise this Agreement (including any Volumeen Policies) from time to time at its sole discretion and without limitation upon notice of the same via posting to the Services and/or the emailing of a notice to our registered Users. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Business Account (as defined below). Except as otherwise expressly stated by Volumeen, any use of the Services is subject to the version of this Agreement in effect at the time of use.
2.6. Updates to the Services
We may modify, add to, suspend, or delete any aspect of the Services, in whole or in part, at our sole discretion at any time, with such modifications, additions, or deletions being immediately effective. Such modifications, additions, or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. If you do not agree to such modifications to the Services, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account or Business Dashboard (as defined below). Except as otherwise expressly stated by Volumeen, any use of the Services is subject to the version of this Agreement in effect at the time of use.
2.7. Access to the Services
Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Services will be at all times available.
Use of the Services requires Internet access through your computer, mobile device, tablet, or other internet-accessible device as allowed by Volumeen. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Volumeen does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Volumeen Application, and some features and portions of the Services (including, but not limited to, making, modifying, or cancelling appointments) may not be accessible with JavaScript disabled.
2.8. Right of Refusal, Limitation, Discontinuation, and Termination
We reserve the right to refuse to provide access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account or a Business Dashboard (as defined below) for any reason whatsoever. In the event that we make a change to or cancel an Account or a Business Dashboard (as defined below) we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account or Business Dashboard (as defined below) was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account or Business Dashboard (as defined below) termination.
2.9. Prohibited Uses of the Services
In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services:
- for any unlawful purpose;
- to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services;
- to violate any international or governmental regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Services;
- take any action that imposes or may impose (in Volumeen’s sole determination) an unreasonable or disproportionately large load on the Services or Volumeen’s infrastructure;
- rent, lease, copy, provide access to or sublicense any portion of the Services or Volumeen Materials (as defined below) to a third party;
- use any portion of the Services or Volumeen Materials (as defined below) to provide, or incorporate any portion of the Services or Volumeen Materials (as defined below) into, any product or service provided to a third party;
- reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Volumeen);
- modify any Services or Volumeen Materials (as defined below) or create any derivative product from any of the foregoing;
- remove or obscure any proprietary or other notices contained in the Services or Volumeen Materials (as defined below);
- publicly disseminate information regarding the performance of the Services or Volumeen Materials (as defined below) or access or use the Services or Volumeen Materials (as defined below) for competitive analysis or benchmarking purposes. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
2.10. Communications Systems and Authorization to Contact You, Pop-out Information, Recording Calls, Analyzing Your Messages and other Content
The Volumeen Application may use GPS locator capabilities to identify your current location. If you decide to provide a mobile phone number and you check the relevant consent box when logged in to your account, you hereby represent that you are aware that you will receive and you expressly consent to receive SMS text messages, phone calls, emails, push notifications, in-app communications, and Web-based browser technology containing Commercial Content, such as web beacons and/or other chatbot applications from Volumeen regarding the Services and as otherwise described in our Privacy Policy. You may be charged for such communications pursuant to your carrier contract.
Volumeen may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to:
- notify you regarding your account;
- troubleshoot problems with your account;
- resolve a dispute;
- infrequently poll your opinions through surveys or questionnaires;
- as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Volumeen may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), to which you agree by providing your mobile phone number (as specified above). Volumeen may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits.
Volumeen may share your telephone number with its authorized service providers as stated in our Privacy Policy. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Volumeen, to carry out the purposes identified above.
Volumeen may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Volumeen or its agents for quality control and training purposes, or for its own protection.
Any personal information provided by you to Volumeen or collected by Volumeen and referred to above will be stored and processed by Volumeen in accordance with our Privacy Policy.
2.11. Privacy of Users
If Volumeen provides you with information about another User, you agree that you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for purposes unrelated to the Services. Additionally, you may not use User information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.
2.12. Fraudulent Actions of Users
Volumeen is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent, or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release Volumeen from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify us of any Fraudulent Actions which may affect the Services. Volumeen reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.
3. Parties, Authority, Intellectual Property, Privacy
3.1. The Agreement
These Terms of Service constitute a legally binding contract between you ("User") and JMDomaradzki & Co Sp. z o.o. with registered office in Cracow, Poland ("JMDomaradzki"), NIP (tax identification number): 6793199240, KRS: 0000839997, REGON: 386013584.
3.2. Authority to Provide Service
The Volumeen platform is the intellectual property of Jakub Domaradzki ("Licensor"). JMDomaradzki ("Licensee", "Operator" or "Provider") operates and offers the Service under a valid commercial license granted by the Licensor.
By virtue of this license, the Provider is fully empowered and authorized to:
- Grant you access to the Volumeen platform;
- Enter into this Agreement with you;
- Collect payments and manage user data; and
- Provide all related support and legal compliance for the Service.
3.3. Contractual Relationship
You acknowledge that your contractual relationship is exclusively with Licensee. The Licensor (Jakub Domaradzki) is not a party to this contract and bears no direct liability to the User for the operation of the Service, except where required by mandatory law.
3.4. Intellectual Property Rights Not Waived
This is an Agreement for access to and use of the Services, and you are not granted a license to any software or intellectual property by these Terms of Service. Services are protected by, where applicable, international intellectual property laws. The Services belong to and are the property of Licensor. Licensor retains all ownership rights in the Services.
Furthermore, all material displayed or transmitted on the Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics, (hereinafter “Materials,”) are owned by us and are protected by Polish and international copyright, trademarks, service marks, and other proprietary rights, laws, and treaties.
Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Services, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on the Services for personal, non-commercial use only, provided that you do not remove or cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Materials. You may not archive or retain any of the Materials accessed on this Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to contact@volumeen.com.
You acquire no rights or licenses whatsoever in the Materials other than the limited rights to use the Services in accordance with these Terms of Service. Any of the Materials accessed or downloaded from this site must be accessed or downloaded in accordance with the Terms of Service specified in this Agreement. We reserve any rights not expressly granted under these Terms of Service.
3.5. Feedback
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions, and the like relating to Volumeen or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority, or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.
3.6. Grant of License by User
You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in any content contained in any service listing or profile. You agree to allow Volumeen to store or re-format your content and display your content in any way as we so choose. Volumeen will only use personal information in accordance with our Privacy Policy.
3.7. Confidential Information of Customers
As part of a transaction made via the Volumeen Application, Businesses may obtain personal information, including payment information, a telephone number, and an email address, from a Customer/User. The precise scope of personal information collected by Volumeen is described in our Privacy Policy.
You acknowledge and agree that this personal information shall only be used for that transaction or for Volumeen-related communications and shall be held in strict confidence in accordance with our Privacy Policy and as required by applicable law, Network Rules, and PCI DSS security standards. For more details on how the personal information is stored, processed and for which purposes is used by Volumeen please refer to our Privacy Policy.
We have not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the Customer, Businesses are not licensed to add any Customer to an email or physical mailing list. For more information, see our Privacy Policy. This provision shall not apply to instances where a Business adds its own Customers to the Mobile Application or otherwise obtains consent from a Customer to contact said Customer for purposes outside of the transaction and Volumeen-related communications.
3.8. Application License by Volumeen
Subject to the terms and conditions of this Agreement, Volumeen grants User a non-exclusive, non-transferable, revocable license to use the Volumeen Application, in object code form only, on User’s compatible devices including but not limited to mobile devices, solely to support User’s permitted use of the Services.
4. Technical requirements
- Using the Website, including in particular the Services, requires meeting the minimum technical requirements necessary for the cooperation with the System, i.e.:
- having a functioning device with an Internet connection (e.g. computer, tablet, smartphone),
- permanent Internet connection with a minimum capacity of 50 Mbps,
- current and correctly configured web browsers,
- the software enabling proper display of PDF documents,
- active email address,
- active mobile number and mobile device,
- cookies and JavaScript enabled.
- Using the Mobile Application requires its downloading from Google Play or App Store and its installation on a mobile device with access to iOS or Android.
5. Use of the Volumeen Application
5.1. Use of the Website
On the Website, the Service Provider enables the User to:
- review the information on the scope and conditions of performance of the Services,
- register for the Volumeen Application (creating the User Account),
- maintain and deactivate the User Account,
- verify the User Account,
- create the Business Account,
- communicate via the contact form.
5.2. Use of the Mobile Application
- On the mobile application dedicated to Customers, the Service Provider enables the Customer to:
- search and review the Businesses,
- view and manage all Customer's appointments,
- book new appointments,
- review Customer's completed appointments,
- communication via the contact form.
- On the mobile application dedicated to Businesses, the Service Provider enables the Business to:
- review all Business's appointments,
- search and review the Businesses,
- manage Customer's current appointments,
- book new appointments,
- review Customer's completed appointments,
- communication via the contact form.
6. Use of the Services
6.1. General rules of use of the Services
- The use of the Services requires prior registration of the User Account on the Website, approval of the Terms of Service and Privacy Policy, acknowledgement of the Price List and information on the available Services, published on the Website and, in the case of chargeable Services, upon the payment of the Subscription Fee.
- Customers may use the Services dedicated to Customers free of charge, but account verification is required to use all functionalities and Businesses may use Business Dashboard (part of application with Services dedicated to Businesses) for a charge as part of the chosen option of the chargeable Services, according to the Price List.
- The subscription period for the chargeable Services is monthly (one month) or yearly (one year) and the choice of the type of chargeable Services is made by the User when placing an order for the Service. The time of providing the Services within the purchased subscription starts from the day of activation of the Services.
- The orders placed but not confirmed within 7 days shall be cancelled.
- The free of charge Services shall be activated within 24 hours from the time when the account was activated with use of Activation Link and verified by verifying mobile number by the User and the chargeable Services, within 24 hours after the Service Provider's bank account or Payment Services account has been credited with the Subscription Fee, the amount of which depends on the selected option of the Services.
- The User shall have the right to change the Subscription Plan and the chosen type of the Services at any time, before the end of the current Settlement Period. To do so, the Customer shall manage the subscription in Business Dashboard > Settings > Subscription.
- The Contract for the provision of a chargeable Service is executed for the period applicable to the chosen type of the Service and the Price List available on the Website.
6.2. User obligations
- By accepting these Terms of Service, the User is obliged in particular:
- not to provide unlawful content, including but not limited to: post offensive, untrue, immoral, violating good practices, promoting violence and hatred content,
- not to undertake any actions aimed at disrupting the functioning of the Website and gaining access to information or data not intended for the User,
- not to undertake any other actions which would be contrary to applicable laws, good practices or would violate the rights and personal interests of the Service Provider and third parties.
- The User undertakes to use the content of the Website solely for his/her own purpose and for the performance of the Contract. Use of the resources and functionalities of the Website for other purposes, requires a separate, prior and written consent of the Service Provider.
- In the event that the User using the Website, breaches these Terms of Service or the applicable laws, or in any other way acts to the detriment of the Service Provider and/or third parties, the Service Provider may restrict or deprive him of access to the Website, effective immediately. The User shall be notified immediately of the measures taken by the Service Provider. Re-granting access to the Website requires the prior consent of the Service Provider.
- If the event referred to in section 3 above occurs, the User should undertake immediate actions to eliminate the reason for the restriction or blocking access to the User Account; otherwise, the Service Provider is entitled to terminate the Contract with immediate effect (without notice).
- The Service Provider shall provide the Services continuously 7 days per week.
- The Service Provider reserves the right to suspend the provision of the Services within the System due to maintenance or repair works, modernisation or rebuilding the System. The Service Provider shall make efforts to ensure that the interruptions in the provision of Services are not onerous to the Users. The notification on the planned, temporary suspension of the System shall be provided to the Users by email to the email address provided during registration or through the User Account.
- The Service Provider shall not be liable for interruptions in the provision of Services or disruptions in access to the Website, caused by force majeure (fire, natural disasters, epidemics), User's equipment malfunctions, power or Internet connection cuts, unauthorised interference by the Users or third parties or malfunctions of telecommunication systems and software installed on the Users' computer equipment.
7. User Account
7.1. Registration and logging in
- Registration and maintenance of the User Account are free of charge, except the part dedicated for Businesses.
- Registration of the User Account requires filling in a registration form available on the Website and providing the following data in line with the facts: name, surname, email. Users shall be given the opportunity to register via an online registration form to create a User account, (hereinafter your “Account,”) that will allow you to receive information from us and/or to participate in certain features of the Services. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete, and accurate. During the registration process, you are required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service. Accounts may be cancelled via web application or contact with contact@volumeen.com.
- The contract for maintaining the Account between the Service Provider and the User enters into effect upon the Account activation by the User by clicking on the Activation Link sent by the Service Provider to the email address provided by the User upon the Account registration.
- Logging into the Website requires a login and password. The login is the User's email address. The password is set by the User in the course of the Account registration.
- The User undertakes to maintain the confidentiality of information enabling access to the User Account. To maintain the security of login, the Service Provider recommends changing the login password every 30 days. The Service Provider is not responsible for the consequences of sharing the password by the User with third parties.
- The Account is created for an indefinite term, whereby the User is entitled to cancel the Account at any time without giving a reason.
- The Service Provider is entitled to block the Account in the case referred to in Article 6 hereof or to cancel the Account in the case referred to in Article 6.
- Change or recovery of the password is possible through the password recovery or change function available at https://www.volumeen.com/settings.
7.2. Transfer Prohibited
You agree that you may not sell, trade, or transfer your Account to any other person or entity.
7.3. Account Guidelines
The Services may contain the ability to communicate with other Users on one or more profiles, booking forms, platforms, comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (hereinafter "Interactive Areas,”) in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:
- may not upload, distribute, or otherwise publish to the Services any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
- may not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam”; and
- may not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of use of the Services,
- may not personally attack another User. Personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of use of the Services,
- may not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except for the sale of goods or services in the scope envisioned by the express purpose of the Services,
- may not upload, post or otherwise transmit any content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability,
- may not post unauthorized commercial communications (such as spam),
- may not upload, post, or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them,
- may not upload, post, or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area,
- may not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity,
- may not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users of our Interactive Areas or posting private information about a third party,
- may not engage in unlawful multi-level marketing, such as a pyramid scheme,
- may not upload, post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component,
- may not interfere with or disrupt the Services or the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and/or the Interactive Areas,
- may not facilitate or encourage any violations of these Terms of Service or any other Volumeen policies,
- may not upload, post or otherwise publish any information (in a form of link or otherwise) on entities providing competitive services to Volumeen.
Users agree and acknowledge that any profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.
7.4. Rights in Submissions
Should you submit, display, publish or otherwise post any content to an Interactive Area, (hereinafter “Submissions”) you agree to grant to us and our partners and affiliates a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Submissions in any and all media now known or hereinafter developed for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or to any third party.
You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
7.5. Right to Monitor
We shall have the right to monitor your Account in our sole and exclusive discretion.
7.6. Verification of Users
Users wishing to participate in the Services have to provide a valid mobile phone number through the Volumeen Application and verify such number as instructed by us. To verify your mobile phone number, we will send you a code via text message to the mobile phone number you provided, and you must enter that code as instructed in the Volumeen Application. If you change your mobile phone number, you must promptly provide and verify your new mobile phone number. When you provide your mobile phone number, you expressly consent to receive direct dial calls, autodialed and prerecorded message calls, and text messages at that number. Users wishing to participate in the Services may also be required to verify their identities, especially in the case of Payment Services. This may include but is not limited to providing proof of identity (such as via a passport or other photo-bearing piece of identification) and residence (such as via a current utility bill.) Volumeen does not bear any responsibility and cannot be held liable for the verification or non-verification of a User’s identity.
Any personal information provided by you to Volumeen and referred to above will be stored and processed by Volumeen in accordance with our Privacy Policy.
7.7. Account Settings
You may establish certain default settings for your use of the Payment Services through the Volumeen Application, such as your preferred payment card account. You may change these settings through the Volumeen Application.
7.8. Customer Reviews of Businesses
Customers who book services with a Business through Volumeen may have the opportunity to leave a review (“Review”) for the Business and Service. The rules for publishing and removing Reviews are as follows:
- Volumeen is not responsible for the content of any Review published by a Customer;
- the Customer is allowed to provide a Review only in relation to the appointment that has been booked. Business may request to remove the Review only if the Business marks the appointment as a no-show within 24 hours from the scheduled appointment;
- the Review shall relate only to the professional activities provided by Business and be based solely on the personal experience of the Customer;
- the Customer shall not publish Reviews that:
- are intentionally misleading,
- contain harmful, defamatory or unethical content or violate the law, personal rights, in particular, they shall not contain vulgar or offensive expressions, refer to private and family life or call for violence or hatred, including racial, religious or ethnic hatred or against sexual minorities;
- Volumeen may refuse to publish a Review or to remove an already published Review if, in Volumeen’s sole and exclusive opinion, it violates the Terms of Service or the provisions of law. However, Volumeen does not settle disputes between Business and the Customer and does not verify the veracity of Reviews;
- removal of the Review is irreversible;
- Customers shall be given the opportunity to provide their opinions about performed services of Businesses; therefore, requests for blocking the possibility of providing Reviews or deletion Reviews posted by Customers will not be considered unless the Review otherwise violates these Terms.
7.9. Reporting a Customer Review
Businesses or any person who feels offended by a Review may report such Review via the Volumeen Application or by email at contact@volumeen.com.
8. Terms of Sale for Booking Services, Payment Services
8.1. Appointment Booking
Volumeen provides the Booking Services to Users for the purpose of assisting Customers in discovering and booking appointments with a variety of participating Businesses and of assisting Businesses in more efficiently managing their calendars and increasing their customer base. In response to a Customer’s online request for a Business appointment through the Volumeen Site or Volumeen Application, Volumeen directly contacts the Business’s computerized database of appointments. The availability of appointments is determined at the time of User’s query and is provided by the Business. Users understand and agree that Volumeen does not independently verify the availability of any Business and cannot be held liable for errors in a Business’s calendar, such as double-booking or bookings that are not honoured by the Business. Once an appointment is made by a Customer through the Volumeen Site or Volumeen Application, Volumeen will provide confirmation of the appointment to both the Customer and Business by email to the email address provided by said User upon registration. By using the Booking Services, Users agree to receive appointment confirmations and reminders by email, SMS, push notifications, and/or any other technology with which Volumeen may engage. Volumeen shall not be held liable in the event an appointment confirmation or reminder is not sent to or received by a User.
8.2. Appointment No-Show and Cancellation Policy
Volumeen is committed to providing quality services to Customers and Businesses. To assist us in maintaining a consistently high level of service for Businesses and their patrons, Customers must make every reasonable effort to cancel any appointments that they will be unable to honor as soon in advance of the appointment as possible. You may cancel your appointment via the Volumeen Site or Volumeen Application. Appointments should not be canceled by calling the Business directly. The Customer may cancel any appointment, provided such cancellation occurs prior to the expiration of the Business’s established rescheduling deadline.
Customers who cancel or fail to show up for multiple bookings may have their Accounts terminated, at the sole discretion of Volumeen, in the event that such account activity is detrimental to orderly Booking Services with Businesses and members of the Volumeen community. The Business reserves the right to suspend the Customer’s account and restrict the Customer’s ability to schedule future appointments at its sole discretion.
8.3. Usage Guidelines
User agrees to use the Booking Services only to book appointments at Businesses and then honor those appointments by arriving at Businesses on time and paying for the services booked and provided. Resale or attempted resale of appointments is prohibited and is grounds for, among other things, cancellation of your appointments or termination of your access to the Services.
8.4. Volumeen Payment Services
Volumeen may offer third-party payment services (the “Payment Services”) in order to allow Customers to pay bills at participating Businesses through the Volumeen Application. Specifically, Volumeen collects and processes payments on behalf of Business through Stripe, Inc., a recognized professional payment processor. In order to use the Payment Services at a participating Business, Customers must:
- install the Volumeen Application on a compatible mobile device,
- make a reservation for the Business through the Booking Services,
- provide valid payment information through the Volumeen Application (or direct a Business representative to manually enter such information) as further described below,
- have an Account in good standing.
8.5. Sale Prices
The prices and the terms of payment for Business services are displayed at the time of booking via the Volumeen Application; however, Businesses may modify or change these prices at any time, in their sole discretion. The Volumeen Application supports only the included tax systems; therefore, all prices presented are final prices including all sales taxes.
9. Business Terms of Service
In addition to the other terms contained in these Terms of Service, the following Business Terms of Service shall be applicable to all Businesses.
9.1. Unauthorized Business and Content
In addition to the foregoing prohibited uses, our Volumeen Application may not be used by a Business to:
- publish, distribute, offer, sell or cause us to do so on his, her or its behalf, any of the content, products or services, being or related directly or indirectly to (hereinafter “Unauthorized Business” and “Unauthorized Content”):
- illegal or contrary to good morals or principles of social intercourse,
- drugs, tobacco, alcohol, other stimulants and tools intended for the production of the foregoing,
- pornographic, sexual (including escort or tantra), sexually suggestive, aiming to promote a particular service or product through a content of a sexual, ambiguous or unethical nature,
- adult entertainment oriented, and internet/mail order/telephone order of age-restricted products,
- sales of firearms, ammunition, or weapons and other devices designed to cause physical injury,
- betting, including lottery tickets, sports related gambling, casinos,
- insurance or other financial merchandise, money transfers, independent financial adviser services or securities, pyramid selling or multi-level marketing,
- counterfeit or infringing on third party intellectual property rights (illegal software or downloads included),
- pharmacies or pharmacy referral services any other sales of products or services in highly-regulated industries,
- hate or harmful, invoking or supporting discrimination, violence or terrorism.
- Violations of this requirement may result in (at the sole discretion of Volumeen and without the need for any further notice):
- block or deletion of any of the Unauthorized Content,
- temporary or permanent block of a given features or Services used by you,
- temporary or permanent block of your Business Account,
- Business Account termination. The commencement of any Corrective Action by Volumeen, including Account termination, shall not relieve you from the obligation to pay the charges accrued for Volumeen Services prior to a given Corrective Action.
9.2. Business Accounts
In order to use and benefit from our Services as a Business you must create an account through the Volumeen Application and add Business Account to your account. By opening your Business Account, you agree to comply with the Terms of Service, Privacy Policy and agree to provide Customers with the services they booked with you in accordance with the Terms of Service.
When registering a Business Account, you represent that you are authorized to act on behalf of the Business and must provide true, accurate, current, and complete data about the Business being registered. Such data may include KYC (i.e. Know Your Client) data, as requested by our payment processor. Be advised that our payment processor may reject any Business if it fails the provider’s internal due diligence procedures. For more information, see the terms and conditions of our payment processor, Stripe, Inc. available at https://www.stripe.com.
You also agree to promptly update your Business account to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Business Account and the information in your Business Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Business Account, whether or not authorized by you. You agree to immediately notify Volumeen of any unauthorized use of your Business Account or any other breach of security related to your use of the Services.
9.3. Registration, Service Fees
Registration of a Business Account may or may not be free of charge, depending on the region of the Business’s business activity or type of services provided, thus, you may have to pay a fee to register your Business Account (“Registration Fee”). The exact amount of the Registration Fee will depend on type and location of your Business. Volumeen reserves the right to change, from time to time and in its full discretion, the locations or types of Businesses which benefit from the reduced or waived Registration Fee.
Registration Fees shall be transferred via acceptable payment methods as set forth by us at the time of registration or as otherwise communicated to the Business. In addition to the Registration Fee, you agree that a specified fee will be periodically, monthly or semi-annually, depending on your arrangement with Volumeen, transferred from said acceptable payment method account for placing your offers via Services and maintaining the Business Account (“Business Subscription Fee”). The first Business Subscription Fee will be transferred at the moment of registration along with the Registration Fee, if applicable. Volumeen reserves the right to waive or reduce your Business Subscription Fee for a certain period in its sole discretion, such as in the event of a free trial period. After such period, you will be presented with an offer of a certain Business Subscription Fee and a pertinent amount will be transferred from your account if you agree to its conditions. Volumeen reserves the right to block or delete the accounts of Businesses which do not transfer required fees.
You are obliged to inform Volumeen about the true and actual number of staffers assigned to your Business Account and update this information immediately, accordingly and without any further request. Failure to do so may result in additional staffers not covered by payments to Volumeen being removed from the Business account or your Business Account being blocked or terminated (at Volumeen's discretion).
9.4. Cancellation of a Business Account
You can cancel your Business Account by sending us an email on contact@volumeen.com or in the Volumeen Application. However, Volumeen will not refund you for the period already paid for, even if you were not using your Business Account during that period, you received no bookings, or your offer was not listed in the Services. In case of a cancellation, we reserve the right to delete your Business Account from our Services and in accordance with our Privacy Policy. However, if you cancel your Business Account subscription within thirty (30) days from the date the Business Account was added to your User Account, you will receive a full refund.
9.5. Compliance with all Terms of Sale
All sales and accepted bookings shall be binding. Business agrees and acknowledges that he, she, or it, and not us, shall be solely responsible for delivery of any and all purchased services to Customers and that a contract for sale arises at the point where a Customer utilizes the Booking Services to book a service. Every sale shall be subject to the laws applicable, but there shall not be implied any right that is not a legal right and that is not set down in these Terms.
9.6. Business Warranties, Restrictions
- In addition to the Unauthorized Business and prohibited use of the Services set forth in these Terms, Business warrants that any and all services are not:
- illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party,
- have not been identified by any regulations set forth by the countries of Business and Customer as hazardous to consumers and, therefore, are not services subject to a recall,
- are not counterfeit,
- do not offend against the law of any country whose citizens might purchase or receive the services.
- Business warrants further that he, she, or it owns all copyrights, trademarks and other intellectual property related to any Business Account information provided to us or that Business has the permission of the intellectual property rights holder:
- to place the Product(s) into the stream of commerce,
- to receive the net proceeds of such sales as arise,
- to defend the intellectual property in the Product(s).
- Finally, Business warrants and represents that he, she, or it has all licenses and authorizations required for performance of these Terms. Upon our request, Business shall provide us with sufficient documentary evidence of such authorization or waiver. We are not obliged to require such documentary evidence, and the fact that we have not requested such documentary evidence shall not be deemed in any way as a statement as to whether or not such authorization or waiver is required.
- Furthermore, it is illegal to use drug paraphernalia slang when referring to Products available for sale via the Web site.
- Any and all governmental employees, agencies, and/or agents must identify themselves to us upon their entering the Volumeen Site, and when ordering any products from the Volumeen Site.
9.7. Listing Description
By listing services available for booking via the Booking Services, Business must accurately describe the services it provides and all terms of sale. Business’s listings may only include text descriptions, and other content relevant to the sale of that service and must be listed in an appropriate category with appropriate tags.
9.8. Maintenance of Calendar
The Business is responsible for the accurate maintenance and updating of its calendar to show current, correct availability for the Booking Services. In no event shall Volumeen be held liable for double-bookings or other schedule-related errors.
9.9. Ethical Selling Tactics Required, Communication with Customers
Businesses shall utilize ethical selling tactics when promoting any and all services including refraining from the making of false and/or misleading statements regarding the services and/or Business. Businesses expressly agree to conduct themselves at all times in an ethical, moral, and lawful manner. In order to assist with the same, Volumeen may from time to time in its sole and exclusive discretion place limits on the types of communications that Businesses may send to Customers, including but not limited to mass targeted marketing campaigns via SMS text, email, or push notification.
In addition to the foregoing, Businesses shall not abuse any communication system made available via the Volumeen Application or the Volumeen Site, including the use of auto-responders. Businesses understand that such auto-responders may or may not be activated automatically upon registration of a Business Account, depending on jurisdiction, and can be modified by Business via its account settings.
9.10. Compliance with Law
In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Businesses agree to obey any and all local, state, and federal regulations and laws regarding solicitation and sales.
9.11. Freedom of Promotional Methods
Notwithstanding the foregoing, Businesses shall be free to choose on which social media platforms and through such other mediums and sales channels they promote their services and use of the Services, including the ability to choose his, her, or its own operation means, methods, locations, and hours.
9.12. Right of Refusal
A Business may refuse to accept a booking made via the Booking Services for any or no reason whatsoever so long as such a refusal does not violate federal, state, or local laws, or any other rule or regulation.
10. Payments
- The User undertakes to pay for the Service in advance, according to the Price List, within 7 days of the Service order confirmation; otherwise, the Service Provider is entitled to withdraw from the Contract and cancel the order.
- If a particular type of the Services is not specified in the applicable Price List, the User is bound by an individualised pricelist (corresponding to the content of a separate contract with the Service Provider).
- The Service Provider accepts payments in a subscription model with monthly or yearly card payments (e.g. Visa or Mastercard).
- The moment of payment is the date when the payment is credited to the Service Provider's bank account or Payment Services.
- The costs associated with the payment shall be borne by the User.
- The Service Provider shall issue an invoice to the User based on the data provided upon the registration of the User Account. The Service Provider shall deliver the invoice to the email address of the User, to User's Volumeen Application in the Business Dashboard within 7 days of its issuance.
- The User agrees to receive invoices from the Service Provider electronically.
- Any changes to the Subscription Fees shall be published on the Website through the announcement of the current Price List.
- Change of the Price List does not affect the change of the Subscription Fees paid by the Users under the Contract, executed before the announcement of the changed Price List.
11. Contract termination
- The Contract for the Services shall be terminated:
- for the Service of maintaining the User Account - at the moment of submitting by the User an instruction to cancel the Account (by making changes to the User Account or by sending a declaration of the Account cancellation to the Service Provider's email address) or as a consequence of cancelling the User Account by the Service Provider due to termination of the Contract for the reasons specified in Article 6.2 hereof,
- in respect of the Service provided free of charge - upon expiry of the duration of the Service and in connection with non-payment of the Subscription Fee for a chargeable Service,
- in respect of a Service provided free of charge - upon expiry of the period for which the Service was purchased and failure to continue the Contract for a further Settlement Period, which shall be understood as a failure to pay the Subscription Fee for the next Settlement Period.
- The User may terminate the Contract without giving any reasons by cancelling the User Account in the System. In such a case, the Contract expires at the end of the current Settlement Period and the fees previously charged are not refunded.
- The Service Provider is entitled to terminate the Contract without notice in case of:
- submission by the User of false and incomplete data which are necessary for the execution of the Contract,
- reasonable suspicion or finding that the User uses the Services in a manner contrary to these Terms of Service or in a way which violates the generally applicable provisions of law or the rights of third parties, including in particular a violation by the User of the obligations set out in Article 6.2 hereof.
12. Complaints procedure
- In the event of concerns about the functioning of the System or irregularities in the provision of the Services by the Service Provider, the User may file a complaint by sending it to the email address: contact@volumeen.com.
- The complaint should indicate:
- login/email address assigned to the User and his/her contact details,
- the subject matter of the complaint - indication of the irregularities together with the date of their occurrence and duration,
- proposed manner of resolving the complaint.
- Before processing a complaint, the Service Provider may request the User to supplement it if the User's information, referred to in section 2 above, requires clarification to process the complaint properly.
- The complaint shall be resolved immediately, but no later than 30 days after receipt of the complaint by the Service Provider, and the Service Provider shall notify the User of the manner of resolving the complaint, electronically, to the email address assigned to the User Account.
- Any other comments on the functioning of the Website and questions regarding the Services should be addressed via email to the following email address: contact@volumeen.com.
13. Technical support
- During the term of the Contract and as part of the Subscription Fee, the User may use the Service Provider's technical support in connection with the Services.
- To obtain the technical support, a problem shall be reported to the following email address: contact@volumeen.com, indicating the type of irregularities and bugs in the System.
- The technical support and assistance are provided by the Service Provider from Monday to Friday (except statutory holidays in the Republic of Poland) from 8AM to 4PM.
- The Service Provider's technical support does not apply to:
- elements which are subject to self-modification by the User,
- errors that result from unauthorised interference of the User in the Service settings,
- problems that result from the User's failure to meet the technical requirements necessary to use the Service.
14. Personal data protection and confidentiality
- The Administrator of the Users' personal data is the Service Provider.
- The data administrator processes Users' personal data, i.e. name and surname, business address, email address, mobile number, tax identification number, bank account number, in order to enable the Users to use the System, including the provision of the Services to the User.
- Providing personal data by the User is voluntary; however, without providing such data, it may be impossible to use particular Services.
- The Service Provider endeavours to ensure the security and confidentiality of personal data, in particular, by carrying out processing activities in accordance with applicable laws (GDPR and sectoral regulations) and ensuring appropriate security measures.
- More information on the protection of the Users’ personal data, together with the information on the cookies policy, can be found in the Privacy Policy available on the Website.
- The processing by the Service Provider of data of the persons other than the User shall take place pursuant to the data processing trust agreement attached as schedule no. 1 hereto.
15. Final provisions
- The Terms of Service are available free of charge on the Website for each User.
- The Service Provider reserves the right to amend the Terms of Service, subject to the protection of already acquired rights.
- The Service Provider shall inform the Users of the amendments to the Terms of Service no later than 14 days before their planned entry into force by displaying a notice and announcing the new Terms of Service on the Website and sending information about the planned amendment electronically to the email address assigned to the User Account. The User's failure to object to the proposed amendments within 14 days of the notification shall be deemed acceptance of the new Terms of Service. In the event of an objection, the Contract shall be terminated on the day preceding the effective date of the new Terms of Service, which shall also result in the termination of the Contract for maintaining the User Account.
- The Service Provider may regulate the use of the System differently, under a separate contract concluded with the User. In such a case, if any discrepancies occur, the provisions of the abovementioned contract shall prevail over the provisions of these Terms of Service.
- These Terms of Service shall be governed by the Polish law. Any disputes under these Terms of Service shall be resolved through amicable negotiations and if no agreement is reached, before a common court with jurisdiction over the Service Provider's registered office.
- The content of these Terms of Service is available on the Website and in the Mobile Application.
- These Terms of Service enter into effect on February 09, 2026.
Last update: February 09, 2026