Regulations

/ Regulations

Plant Application Terms and Conditions

[CHAPTER I: INTRODUCTORY PROVISIONS]

§ 1.

General Provisions

The Terms and Conditions define the rules for the provision of Services by the Operator, including the rights and obligations of the Parties, the extent of the Parties' liability, and other contractual conditions, which will cover the provision of Services within the Application. The Operator informs that within the Services, it only makes available the resources of its information technology systems in order to enable Users to use the Services, and also administers the Application. Moreover, the Operator does not provide any other services on its own behalf, nor does it act as an intermediary or agent in the conclusion of any contracts.

§ 2.

Definitions

The terms used in these Terms and Conditions shall mean the following:

Update – by "Update" it is understood an update which the Operator has committed to provide, necessary to maintain the compliance of the Services or Digital Content with the Agreement;

Application – by "Application" it is understood the information technology system named Plantis owned by the Operator, which can be downloaded from Google Play or App Store, and through which the Operator provides information technology resources to Users. The web application is available at https://zielonepogotowie.app;

failure – by "failure" it is understood a total cessation of the Application's operation, the Application hanging completely preventing its use, or another obstacle completely preventing proper use of the Application;

user account block – by "user account block" it is understood actions that consist of preventing a User from using the Application in cases indicated in the Terms and Conditions;

error – by "error" it is understood improper functioning of the Application, which does not prevent complete use of the Application, however, significantly hinders the use of the Application and significantly lowers the comfort of using the Application;

Price – by "Price" it is understood a value expressed in monetary units, which the User is obligated to pay to the Operator for Services, especially for the Subscription;

event handling time – by "event handling time" it is understood the time from the moment the Operator is notified or becomes aware of the event until the elimination of the cause of the event;

response time – by "response time" it is understood the time counted from the moment the Operator detects an event until the Operator takes actions aimed at eliminating the cause of the event;

repair time – by "repair time" it is understood the time counted from the moment the Operator starts to remove the cause of the event until the effective removal of the cause of the event;

workaround time – by "workaround time" it is understood the time counted from the moment the Operator is notified or becomes aware of the event until a workaround is applied, i.e., provisional restoration of functionality of the Application without removing the cause of the event;

business days – by "business days" it is understood days from Monday to Friday, excluding statutory non-working days;

E-payment – by "E-payment" it is understood payment of the Price for the Service using digital representation of value, especially through electronic vouchers, e-coupons, virtual currencies, etc.;

registration form – by "registration form" it is understood the form in the Application, which serves to register a User in the Application and to set up a User account;

Social Features – by "Social Features" it is understood functionalities of the Application of a social nature, which enable interactions between Users, in a community of enthusiasts, and access to a marketplace;

functionality – by "functionality" it is understood a single task possible to be performed within the Application;

business hours – by "business hours" it is understood hours from 9:00 to 16:00 on business days;

password – by "password" it is understood a sequence of characters used to secure access to the Application;

user account – by "user account" it is understood an account created by a User in the Application;

Consumer – by "Consumer" it is understood a natural person concluding an Agreement with the Operator not directly related to their business or professional activity;

login – by "login" it is understood an individual and unique identification of a User, allowing their identification, used while using the Application. In the case of the Operator's information technology systems, this is usually the email address provided by the User;

repair – by "repair" it is understood actions by the Operator aimed at removing the cause of an event, intended to restore proper functioning of the Application;

event handling – by "event handling" it is understood comprehensive, consistent actions taken by the Operator to remove the cause of an event, in accordance with the internal procedure adopted;

Billing Period – by "Billing Period" it is understood 30 days, 90 days, or 365 days;

Subscription Period – by "Subscription Period" it is understood a designated time during which a User may use the Application under a Subscription;

Operator – by "Operator" it is understood Elantris Sp. z o.o. based in Bydgoszcz at ul. Długa 16, 85-034 Bydgoszcz, entered into the National Court Register under KRS number: 0000813535, whose registration documentation is stored by the District Court in Bydgoszcz, XIII Economic Department of the National Court Register, using NIP number: 9532772601 and REGON number: 384851430, with a share capital of 120,800 PLN;

Fees – by "Fees" it is understood all monetary payments due to the Operator for the provision of Services;

Partner – by "Partner" it is understood an entrepreneur who cooperates with the Operator, and on their own may provide their own services or deliver goods to Users, offer Operator's services within their own business (e.g., through their own website or store) or commission services to the Operator for their own business needs, especially advertising or promotional services (e.g., for placing their advertisement in the Application);

intellectual property rights – by "intellectual property rights" it is understood intellectual property rights (copyrights, industrial property rights, database rights) owned by the Operator in connection with the Application;

Entrepreneur with Consumer Rights (EwCR) – by "Entrepreneur with Consumer Rights (EwCR)" it is understood an entrepreneur who conducts business on the basis of an entry in the Central Registration and Information on Business Activity, intends to conclude an Agreement with the Operator directly related to their business activity, yet the Agreement does not have a professional nature for them;

reaction – by "reaction" it is understood all individual actions by the Operator aimed at proper event handling;

Regulations – by "Regulations" it is understood these Terms and Conditions;

Parties – by "Parties" it is understood the Operator or the User;

Subscription – by "Subscription" it is understood an individual, paid access by a User to the Application and associated Services for a selected Subscription Period;

Digital Content – by "Digital Content" it is understood data produced and provided in digital form, which may be placed in the Application, especially User Content or Operator Content;

Operator Content – by "Operator Content" it is understood all data produced or provided by the Operator within the Application;

User Content – by "User Content" it is understood all data produced or provided by a User within the use of the Application, especially while using Social Features;

Services – by "Services" it is understood Digital Services or Electronic Services;

Digital Services – by "Digital Services" it is understood services allowing a User to:

produce, process, store, or access data in digital form;

jointly use data in digital form, which have been transmitted or produced by the User or other users of the Application;

other forms of interaction using data in digital form;

Electronic Services – by "Electronic Services" it is understood all electronic services within the meaning of Article 2 point 4 of the Act of July 18, 2022, on providing services by electronic means (Journal of Laws 2020, item 344, as amended), which are provided by the Operator to the User via the Application;

Agreement – by "Agreement" it is understood an agreement for the provision of Services by the Operator to the User;

User – by "User" it is understood a natural person who uses or intends to use the Application and for this purpose enters into an Agreement with the Operator. When the Agreement is entered into by an organizational unit equipped with legal capacity or a legal person, the provisions of the Regulations apply both to the entity entering into the Agreement and to the actual person using the Application by authorization of this entity;

malfunction – by "malfunction" it is understood any improper operation of the Application, which is neither a failure nor an error;

technical support – by "technical support" it is understood assistance provided to Users by the Operator in terms of using the Application, including remote support (e.g., via email) and necessary instructions and advice on technical and IT support;

event – by "event" it is understood a failure or error within the Application;

external provider – by "external provider" it is understood any third party, not being the Operator, that provides any goods or services necessary for the performance of the Agreement, especially software used in the Application and services necessary for the functioning of the Application.

[CHAPTER II: SUBJECT AND FORMATION OF THE CONTRACT]

§ 3.

Subject of the Contract

Under the Contract, the Operator commits to providing Services to the User, and the User commits to using the Services as intended, under the terms provided in the Regulations—either for a fee or free of charge.
Information about whether specific Services are paid or free is provided directly in the Application or communicated to Users in other ways that allow them to access the price list, e.g., by sending an email with the price list.
Browsing the main page of the Application is always free of charge, while accessing paid functionalities requires the User to pay a specified Price. For marketing and promotional activities, the Operator may decide to temporarily allow the use of paid Services without paying a Fee (e.g., during a trial period), but the final decision in this regard rests solely with the Operator. Additionally, using the Services may involve the User providing personal data, including for marketing activities conducted by the Operator.
Depending on the type of Services selected, an agreement of a specific nature is concluded between the Operator and the User:

in case of Digital Services, a contract for the provision of digital services is concluded;
in case of Electronic Services, a contract for the provision of electronic services is concluded. Electronic Services may also be Digital Services, but not necessarily.

To avoid any doubt, the Operator specifies that:

Contracts concerning Digital Services are contracts for the provision of digital services, to which the provisions of Chapter 5b of the Act of May 30, 2014, on consumer rights apply;
Contracts not concerning Digital Services are not subject to the provisions of Chapter 5b of the Act of May 30, 2014, on consumer rights.

§ 4.

Pre-Contractual Activities

Before entering into the Contract, the User is obliged to familiarize themselves with the Operator’s information regarding the terms of Service provision, the provisions of the Regulations, and other conditions. By entering into the Contract, the Operator has the right to assume that the User has met the above requirements.
Each User, before entering into the Contract, is provided with the opportunity to review the content of these Regulations free of charge in a manner that allows for acquiring, reproducing, and storing its content using the teleinformatics system utilized by the User, or through other means.
The User is bound by the provisions of the Regulations if they have been made available in the manner described in paragraph 2.
Any information concerning the provision of Services, contained on the Operator’s websites or disseminated through other communication channels (e.g., social media), does not constitute an offer as understood by Article 66 of the Civil Code but is possibly an invitation to enter into a Contract.
For the purposes of entering into the Contract via the Application, it is necessary for the User to accept the Regulations—by making an appropriate declaration, e.g., through a checkbox, or implicitly by beginning to use the free Services within the Application.

§ 5.

Subscription Purchase

The User may access the Services free of charge, however, in such cases, access is limited to restricted functionalities of the Application.
To access the full scope of the Application, the User is required to purchase a Subscription as a standalone Service. Information about the available types of Subscriptions, Subscription Periods, Billing Periods, and the amounts of Fees are provided by the Operator in the Application.
The purchase of a Subscription is possible only through the Application— the Operator does not provide for the possibility of purchasing Subscriptions through other channels, e.g., by concluding a contract via email.
To purchase a Subscription, the User is required to:

download the Application onto a mobile device;
select the Subscription Period and the Billing Period;
confirm the Subscription order form available in Google Play or the App Store;
verify the accuracy and completeness of the data;
accept the Application’s Regulations upon starting to use the Application;
approve the form using an appropriate button: "Subscribe", "Order and Pay", "Activate Subscription", "Purchase Access", or a button of similar content;
make payment for the chosen Subscription.

The Contract concerning the Subscription is concluded at the moment the User clicks "Order and Pay", "Activate Subscription", "Purchase Access", or a similar button.
The User gains access to the paid functionalities of the Application no later than 24 (in words: twenty-four) hours from the date the payment is recorded in the Operator’s account.

§ 6.

Subscription Period

The Subscription is available to the User for the selected Subscription Period, which may range from 30 to 365 days. Each Subscription Period is counted from the moment the Subscription is activated.
When purchasing a Subscription, the User can select the Subscription Period, bearing in mind that each chosen Subscription Period is automatically renewable - there is no option to choose a non-renewable Subscription.
The Subscription automatically extends for another Subscription Period, for which the Operator is entitled to another Fee.
If the User has chosen a renewable Subscription and later during the Subscription Period decides to stop using the Subscription for subsequent Subscription Periods, they must cancel the Subscription by the last day of the paid Subscription Period. Cancellation of the Subscription is done by cancelling it on the appropriate platform through which the Subscription was purchased (Google Play or App Store).
In case of cancellation of a renewable Subscription, the Subscription expires on the last day of the Subscription Period, and the User loses access to the paid functionalities of the Application the day after the Subscription expires.
The Operator may:

send email messages or system notifications reminding of the expiring Subscription Period;
send email messages or system notifications about the expiration of the Subscription;
offer the possibility to purchase a new Subscription or to extend the current Subscription.

[CHAPTER III: USING THE APPLICATION]

§ 7.

Nature, Purpose, and Development of the Application

The Application has been created to build a professional knowledge base on gardening and to provide Users with useful functionalities that facilitate gardening tasks. Additionally, the Application is equipped with Social Features, which allow Users to interact with others and develop their passion together.
Using the Application enables Users to:

Learn about the Services provided by the Operator;
Create a User account to use specific functionalities of the Application;
Access Social Features;
Access the knowledge base created by the Operator (Operator Content);
Access useful tools related to cultivation (e.g., gardening calendars, maintenance plans, spray plans, and others);
Receive expert opinions on issues presented by the User;
Perform automatic identification of plants and cultivation problems.

The Application may not be used for purposes that are illegal or contrary to good morals.
The Operator provides the Application on an “as is” basis, which the User accepts. The Operator does not guarantee that the Application will fully meet all Users' needs, nor does it ensure that all objectives mentioned in paragraph 1, expected by Users, can be achieved using the Application. The Operator is only obligated to deliver the Application and provide Services in accordance with the Regulations.
A Digital Service is considered delivered when the User or a physical or virtual device, which the User has independently chosen for this purpose, gains access to the Digital Service.
Given that the Application constitutes the Operator's teleinformatics system, the Operator may conduct technical and IT works aimed at developing the Application and ensuring the highest level of Service provision.
As part of the development of the Application, in accordance with paragraph 6, the Operator may in particular:

Add new functionalities and change or remove existing functionalities within the Application;
Introduce the Application to other types of devices;
Remove a specific type of Application (e.g., discontinue a web Application).

If the Operator’s actions mentioned in paragraph 7 do not significantly affect the rights and obligations of Users, these actions do not require a change in the Regulations.
The Operator is entitled to make changes in the scope of Digital Services during the Contract term, except for Digital Services that are delivered on a one-time basis. Changes in the scope of Digital Services that have been acquired by a Consumer or PNPK may be made subject to the following requirements:

Changes in Digital Services can only be made for justified reasons, especially such as removing defects, adapting Digital Services to Users' needs, adapting Digital Services to legal changes or decisions of courts and authorities;
Changes in Digital Services cannot involve costs on the part of the Consumer or PNPK;
The Operator will inform the Consumer or PNPK in a clear and understandable manner about the change being made;
If a change in Digital Services significantly and negatively affects the User's access to or use of the Digital Services, the Operator is required to inform the Consumer or PNPK in advance, no less than 7 days, on a durable medium, about the properties and timing of the change, as well as rights associated with these changes;
If a change in Digital Services significantly and negatively affects the User's access to or use of the Digital Services, the Consumer or PNPK may terminate the Contract without a notice period within 30 days from the day the change in Digital Services is made or from the day of being informed about the changes in Digital Services, whichever is later. This right does not apply to the User if the Operator ensures that the Consumer or PNPK can maintain the Digital Services in accordance with the Contract in an unchanged state without additional costs.

§ 8.

Technical Requirements for the Application

Before entering into the Contract, the User is required to check whether they meet the minimum technical requirements needed to use the Application, as mentioned in paragraph 2.
To use the web Application, at least the following is required:

Having continuous access to the Internet;
Using Microsoft Edge browser version at least 117.0, Google Chrome version at least 19.0;
Having an active email account.

To use the mobile Application, at least the following is required:

Having continuous access to the Internet;
Using Android 5.0; iOS 11.0;
Having an active email account.

If additional technical requirements other than those specified in paragraphs 2-3 are necessary for using the Application (or its specific functionalities), the Operator will inform the User about this before they begin using the Application, by posting appropriate information within the Application.
If the User uses plugins that block certain content in applications or on websites (e.g., AdBlock), they should be aware that the Application may not function fully correctly, and the Operator cannot guarantee the correct operation of the Application using such software.

§ 9.

Application Updates

The Operator informs Users about Application Updates, including those related to security, necessary to maintain compliance of the Digital Services with the Contract, and provides them to Users during the time of providing Digital Services specified in the Contract, on the basis of which delivery occurs continuously.
If the User does not install Updates provided by the Operator within a reasonable time according to paragraph 1, the Operator is not responsible for non-compliance of the Digital Service with the Contract resulting solely from the lack of Updates, if:

The Operator has informed the User about the Update and the consequences of not installing it;
The non-installation or improper installation of the Update did not result from errors in the installation instructions provided by the Operator.

[CHAPTER IV: RULES FOR USING THE APPLICATION]

§ 10.

Basic Rules of Using the Application

Each User is responsible for securing their login data, including username and password, against disclosure to unauthorized persons.
Sharing the username and password with unauthorized persons is strictly prohibited. Disclosing login credentials to unauthorized persons can lead to a breach of the Application’s security and the provision of Services by the Operator, and therefore, if the Operator determines that such data is in the possession of an unauthorized person, it may result in the blocking of Services, including the User's account.
If a User discovers that their login data, including username and password, may have been obtained by an unauthorized person, they are required to notify the Operator immediately. Upon receiving notification, the Operator may block the User’s account. After the account has been blocked, re-access to the Application will be possible after the User changes their password and possibly completes authentication procedures as outlined by the Operator in the security procedures—according to the information provided by the Operator.
The User, under penalty of immediate termination of the Contract for User’s fault, may not use the Application or the Services:

In a manner inconsistent with their nature and purpose, particularly in a way that prevents or disrupts other Users' use of the Operator's system or hardware resources;
In a manner leading to the commission of a prohibited act or an unlawful act under applicable law, especially by committing a crime;
For the purpose of transmitting unsolicited commercial information, other forms of spam, or delivering unlawful content;
In a manner that damages the integrity of the Operator's information system.

The User may not undertake actions aimed at accessing the login data, including usernames and passwords, of other Users.

§ 11.

Security and Risks

The Operator provides Services with due security standards, in a manner that prevents unauthorized access to data and information processed in the provision and use of Services.
Despite the measures taken by the Operator as mentioned in paragraph 1, each User should be aware of potential risks associated with using the Internet.
Basic risks associated with using the Internet include, among others, malicious software, viruses, worms, trojans (Trojan horses), keyloggers, dialers; spyware; programs tracking the User’s actions; spam; phishing; hacking into the User’s information system using hacker tools.
To counteract the threats mentioned in paragraph 3, the User should use appropriate security measures—such as antivirus software, a network firewall, encryption mechanisms, regular maintenance of devices used, and expanding knowledge on issues related to cybersecurity.

[CHAPTER V: USER ACCOUNT AND ITS BLOCKING OR DELETION]

§ 12.

User Account in the Application

In using the Application, a User may set up a User account, which allows full use of the functionalities available in the Application.
To establish a User account, the User is required to:

Meet the technical requirements provided in § 8 paragraph 2;
Fill out the registration form according to the instructions contained within the form. The User must provide true, accurate, and complete personal data;
Approve and submit the registration form.

After submitting the registration form as specified in paragraph 2, the User receives a confirmation of the form submission to their provided email address, along with a verification link.
After successful verification, the Operator creates the User account and sends a confirmation of the User account creation to the provided email address.
Using the Application is possible via an account belonging to the User within other teleinformatics systems (e.g., Facebook, Google).
It is prohibited for a person under the age of 16 to create a User account. If a User account is created by a person under the age of 16, the parents, legal guardians, or other legal representatives are liable for any damages associated with such a User's use of the Application.
The Operator reserves the right at any time to verify whether the User is of the appropriate age. For this purpose, the User is obliged to provide the Operator, upon explicit request, with proof of being at least 16 years old.
The Operator may refuse to create a User account, and if an automatic creation of a User account has occurred, also immediately delete it, in case of:

Reasonable doubts by the Operator concerning the identity of the User or the truthfulness of the data provided by them;
Determination by the Operator that the User is under 16 years old, or failure by the User to provide proof of age;
Re-registration of the same User after the deletion of their account by the Operator for violating the Regulations—if the deletion occurred within 12 (in words: twelve) months before the day of re-registration.

After creating a User account, the User gains access to the Application’s functionalities.

§ 13.

Blocking or Deleting a User Account

If a User uses the Application in violation of the Regulations, the Operator may:

Temporarily or permanently block the User account;
Permanently delete the User account;

depending on the circumstances of the case. In every case, blocking the User account results in suspension or loss of access to the Application functionalities that require an active User account.

Blocking or deletion of the User account may occur if:

The User has violated the provisions of § 10;
There is a suspicion that the User has not reached the age of 16 and has also failed to provide proof of age;
The User behaves in an offensive, vulgar manner, or in another manner contrary to good manners towards the Operator or other Users;
The User uses the functionalities of the Application contrary to the Regulations;
The User attempts to obtain a Service by deceit or without the obligation to pay;
The User impersonates any third party;
The User is in arrears with any Subscription Fees, particularly as a result of the inability to withdraw funds from the User’s bank account.

The Operator is entitled to permanently delete the User account if the blocking of the User account lasts longer than 30 (in words: thirty) days, upon expiration or termination of the Contract, particularly after the Subscription Period has ended, or after a withdrawal from the Contract.
Applying a block to the User account or permanently deleting the User account due to violations of the Regulations is possible after allowing the User to submit explanations concerning the alleged violation—subject to paragraph 5.
The Operator is not obligated to allow the User to submit explanations in situations where the Operator receives official notification or credible information about the unlawful nature of the data or activity of the User, and where delaying the blocking or deletion of the User account could pose a risk of harm or other serious consequences to the Operator or a third party (e.g., potential legal liability, including criminal liability, further infringement of protected rights of a third party, etc.).
During the blocking of the User account, the User may not:

Use Services or functionalities of the Application requiring an active User account;
Set up a new User account;
Employ technical means intended to circumvent or disable the account blocking;
Continue any unlawful activity despite the account blocking.

The lifting of the block on the User account after its implementation by the Operator is only possible if the User provides comprehensive and truthful explanations, as well as ceases the violations of the Regulations that led to the account blocking. Additionally, if there are any consequences from the violations committed by the User, another condition for lifting the block is the effective removal by the User of the consequences of these violations.
If the Operator receives official notification or credible information about the unlawful nature of the data or activities conducted by the User, the Operator is entitled to immediately block or delete the unlawful

data on the User’s account and prevent further unlawful activity, particularly by blocking the User account and deleting content posted by the User.

In the case mentioned in paragraph 8, the Operator will promptly notify the User of the intention to delete data or prevent further unlawful activity. After notifying the User, the Operator is not liable to the User for deleting unlawful data or preventing unlawful activity, including for any damages resulting therefrom.
The User may at any time request the deletion of their User account by sending an appropriate request to the Operator. The deletion of the User account does not automatically result in the deletion of data associated with the User account or the history of using the Application with the User account.

[CHAPTER VI: INTERRUPTIONS IN APPLICATION OPERATION AND REPORTING PROCEDURE]

§ 14.

Maintenance and Service Work

The Operator provides access to the Application 24 hours a day, seven days a week, and every day of the year, although access to the Application may be limited in cases of:

Failures or errors;
Maintenance work aimed at modifying teleinformatics systems, servers, etc.;
Acts of God;
Actions of third parties, including interference with the Application’s operation;
Other circumstances beyond the Operator's control.

The Operator will inform the User with at least 3 (in words: three) days' notice of the intention to conduct significant maintenance and service work that will require an extended period. The Operator will endeavor to schedule such work during nighttime, weekends, and non-working days.
The maintenance and service work referred to in paragraph 2 shall not last longer than 8 (in words: eight) hours at a time.
The Operator has no control over maintenance and service work carried out by external providers.

§ 15.

Technical Support

The Operator provides technical support for Users within reasonable limits to assist with the use of the Application.
Technical support does not cover maintenance, repair, or other IT-related activities that should be performed on the User’s infrastructure, especially at their residence or place of business.
Technical support is provided on weekdays, during business hours, and remotely.
Before using technical support, the User is required to review the information provided under the “Technical Help,” “FAQ,” or a similarly functioning tab.
To utilize technical support, the User should describe the problem to the Operator via email at [email protected] or through a relevant feature within the Application (if such functionality is introduced).
Receipt of the report referred to in paragraph 5 will be promptly confirmed by the Operator via an email message.

§ 16.

SLA (Service Level Agreement)

The Operator guarantees Users who have purchased a Subscription that the Application will be available at least 80% of the time in each calendar year and 80% in each calendar month.
If the Operator fails to meet the requirements stated in paragraph 1, the User is entitled to compensation in the form of an extension of the Subscription Period equal to the duration of the Application’s unavailability beyond the established limit.

§ 17.

User Reporting Procedure and Handling

Reports concerning:

Failures;
Errors;

may be sent via email to [email protected] or through a relevant feature within the Application (if such functionality is introduced).

In the case of a report as mentioned in paragraph 1, the report should include a detailed description of the observed failure or error, and, if necessary, attachments in the form of files. The Operator reserves the right to request additional explanations or to reconstruct the problem in another manner deemed appropriate. The person asked to provide explanations or undertake other actions is obligated to assist the Operator in resolving the reported issue to the best of their knowledge and without undue delay.
Following the report, the Operator will conduct a detailed analysis on the nearest business days and during business hours following the report, and will then decide on the appropriate actions to take, particularly:

Refusing to accept the User’s report as unfounded, irrelevant, or not in compliance with the Regulations;
Removing the reported failure or error—if it indeed occurred;
Applying a workaround if a quick repair is not feasible.

In the event of reporting a failure or error, after analysis according to paragraph 3, the Operator is obligated to inform the User of the planned actions, where:

A User who has not purchased a Subscription may receive a response to the report within 7 days from the day of registering the report;
A User who has purchased a Subscription may receive a response to the report within 24 business hours from the day of registering the report.

The Operator has the right to intervene in the data structure, Service settings, User account, and User permissions if necessary to remove a failure or error.
After addressing the report and potentially eliminating the identified problem, the Operator will promptly notify the User.
Other reports than those mentioned in paragraph 1, related for example to payments, invoicing, settlements, require reporting via the email address [email protected] or through a relevant feature within the Application (if such functionality is introduced).
The Operator reserves the right not to implement all changes reported by the User in the Application, particularly changes related to functionality, optimization of the Application's operation, and other significant modifications.

[CHAPTER VII: PROVISION OF SERVICES]

§ 18.

Principles of Providing Services

Within the scope of free Services, the User may use the functionalities of the Application to a limited extent, which means that:

they have access to the Operator's Content related to gardening advice (videos, articles, publications);
they have access to a gardening work calendar;
they do not have access to other functionalities of the Application.

Access to the full functionalities of the Application requires the prior purchase of a Subscription.
After activating the Subscription, the User may use the available Services, review Digital Content, and use features that are unavailable in the free version of the Application.
Within the Application, the Operator:

allows Users to benefit from professional opinions of an expert regarding the problem presented by the User (the "Expert Advice" functionality). Users should be aware that experts provide their opinions using their best knowledge and experience, but they cannot guarantee that the solutions offered will effectively resolve the reported problem;
enables Users to utilize an Application functionality that allows for the machine recognition of images through trained algorithms (AI) to identify issues with crops. Users should be aware that machine image recognition may not be entirely accurate due to the technical limitations of the algorithms and in no way can replace the professional opinion of an expert.

The Operator is entitled to transfer User data to the appropriate public authority bodies and courts, in case these entities approach the Operator to share User data, particularly for civil and criminal proceedings. Additionally, the Operator is obligated to fulfill duties associated with the implementation of Council Directive (EU) 2021/514 of March 22, 2021, amending Directive 2011/16/EU on administrative cooperation in the field of taxation (DAC7 Directive).

§ 19.

Operator's Content

The Operator may provide its own Content within the Application, particularly through the publication of text, graphic, or video materials. The type, number, and frequency of posting the Operator's Content are determined by the Operator in agreement with the persons involved, such as experts or other creators.
The Operator reserves the right to create Operator's Content also during separate events, organized with the participation of persons engaged by the Operator, particularly experts. In such a case, the User should participate in the event at the time indicated by the Operator. If the User cannot participate in the event in person, they will have the opportunity to view the recording of the event after its conclusion, provided the Operator records the event. If the Operator does not record the event, the User will not have the opportunity to access that Operator's Content.
Within the Application, the User gets access to the Operator's Content that is currently available in the Application. Operator's Content may be posted for a definite or indefinite period. If it is not specified that the Operator's Content is posted for a definite period, it is assumed that it has been added for an indefinite period.
If the Operator's Content is posted for a definite period, then the Operator may remove it from the Application upon the expiration of the specified term.
The Operator reserves the right to remove any Operator's Content without prior notice, when:

the given Operator's Content violates or may violate applicable law — in such cases, the Operator has the right to remove this Operator's Content immediately upon receiving a credible notification or becoming aware of the unlawful content, in accordance with Article 14 of the Act of July 18, 2002, on providing services by electronic means (Journal of Laws 2020, item 344, as amended);
other circumstances occur which the Operator, despite due diligence, could not foresee when adding the Operator's Content (e.g., in the event of a contract breach by an expert, resignation of an expert from cooperation, etc.) and which require immediate removal of the Operator's Content, e.g., due to impending legal liability.

If the Operator intends to remove certain Operator's Content for reasons other than those specified in subsection 5, it will post information about the planned removal at least 14 (fourteen) days in advance and will provide Users the opportunity to review the Operator's Content during this period. The removal of Operator's Content may occur particularly when:

the Operator's Content contains errors, is incomplete, or otherwise defective;
the Operator's Content has become outdated;
the Operator's Content is not popular among Users;
the Operator's Content violates values or principles upheld by the Operator.

All notifications related to the provision and removal of the Operator's Content will be posted in the Application.
Operator's Content that has been removed from the Application cannot be restored at the User's request nor provided to them individually.
Operator's Content is considered delivered at the moment when the Operator's Content or the means that allow access to or downloading of the Operator's Content have been made available to the User or to a physical or virtual device that the User has independently chosen for this purpose, or when the User or such device has gained access to the Operator's Content.
The Operator provides the Operator's Content in the version valid on the day of delivery of the Operator's Content and does not provide updates after the day of delivery of the Operator's Content — unless it is expressly indicated in the description of the Operator's Content that the Operator's Content also includes updates of the Operator's Content at a later date. If the User accesses the Operator's Content through a User account, it is prohibited to:

share the User account with other people or provide access data to the User account to other people;
attempt to gain unauthorized access to the Operator's Content not assigned to the User's account;
attempt to download the Operator's Content onto their own media when the Operator does not provide such an option.

§ 20.

Rules for Using the Services

The User undertakes to use the Services in accordance with their intended purpose, as specified in the Terms and Conditions.
The User may use the Application and related Services only for the purpose of reviewing Digital Content and using available Social Features. Digital Content posted may not be used in the User's business activity, especially not resold to third parties under any title, unless the User or the Operator who posted the particular Digital Content has permitted such use.
If the User subscribes to a newsletter sent by the Operator while using the Application, the Operator provides Services related to delivering email messages, which may contain commercial information from the Operator or third parties, particularly Partners, previews of Digital Content, announcements, information about events, and other content. To subscribe to the newsletter, the User is required to provide their email address and confirm the subscription. The User may unsubscribe from the newsletter at any time by clicking on the link included in each email message sent to the User as part of the newsletter.
In using the Services, the User guarantees that:

they will not engage in any prohibited activities, as stipulated in the Act of March 1, 2018, on Counteracting Money Laundering and Terrorism Financing (Journal of Laws 2023, item 1124, as amended), particularly guarantees that the funds transferred as part of the Fees will not come from money laundering;
they will not use the Services to seek assistance for the purpose of committing an act prohibited by law;
they will not use the Services to unlawfully reduce any public law obligations, e.g., to commit a fiscal criminal offense.

§ 21.

Rules Regarding the Posting of User Content

The User has the right to post User Content within the Application. The basic rules concerning User Content are contained in the Terms and Conditions, which does not exclude or limit the Operator's right to introduce separate regulations that will contain rules related to User Content, particularly concerning the use of Social Features (e.g., the Plantis Community Code). Changes to separate regulations do not require amendments to these Terms and Conditions.
If the User intends to post any User Content, they are obligated to create User Content in accordance with the rules of the Polish language, in a balanced and substantive manner, except in situations where there are justified reasons for posting User Content that does not comply with these guidelines (e.g., due to the rights of the genre of creativity, stylistic considerations, impact on the sender, etc.).
When the User posts any User Content in the Application, they are obligated to ensure that they have the rights to use or dispose of such User Content, and they must ensure that its posting in the Application does not violate any third-party rights, particularly personal rights and copyright. If the User Content includes the likeness or personal data of third parties, the User must ensure that the use of such likeness or personal data complies with applicable legal provisions.
The User may not post User Content that:

is inconsistent with the theme of the specific thematic module;
duplicates User Content that has been previously published. Before posting new User Content, the User is obligated to ensure that similar content has not been posted before;
pertains to technical issues related to the functioning of the Application – technical issues should be reported by Users electronically at [email protected];
contains advertising links;
serves to conduct competitive activities against the Operator or Partners with whom the Operator cooperates, e.g., to promote competitive applications or online platforms;
serves to conduct unauthorized advertising, promotional, marketing activities, in particular through posting advertisements, selling, and promoting products, services, projects, fundraisers. An exception are designated Social Features that may serve for advertising, promotional, marketing activities by Users;
calls for violence against any living beings, including animals, or condones such violence;
promotes any fascist or other totalitarian state regime;
serves as propaganda for foreign states;
incites hatred based on gender, sexual, nationality, ethnicity, race, religion, or lack of religion, or condones such hatred;
defames a population group or individual persons due to their gender, sexual, national, ethnic, racial, religious affiliation, or their lack of religion;
contains content that is chauvinistic and misogynistic, as well as bearing signs of gender discrimination;
defames or insults any third party;
violates the personal rights of any third party;
contains vulgarities or other offensive content;
encourages dangerous behaviors or condones such behaviors;
offends religious feelings;
is inconsistent with the current state of science;
may cause harmful social, health, political effects, etc.;
may cause discomfort to other Users, particularly through a lack of empathy or respect towards other Users;
violates the applicable legal order or good manners in other ways than specified in items a-t.

When posting any User Content in the Application, the User should be aware that:

their User Content may be subject to assessment and criticism by other Users. The Operator does not influence the ratings and criticism of third parties, as well as the consequences of other Users' actions, which may potentially affect the User's rights;
if the User posts User Content that is inconsistent with the Terms and Conditions, particularly if it violates applicable law, the User may incur legal liability, including civil or criminal liability. Therefore, posting any User Content that violates the Terms and Conditions is done at the sole risk and responsibility of the User.

After withdrawal from the Agreement, the Operator may not use the User Content, except for User Content that:

is useful solely in connection with Digital Services or Digital Content;
relates solely to the activities of the Consumer or EwCR while using Digital Services or Digital Content;
has been combined by the Operator with other data and cannot be separated without undue difficulty;
was produced jointly with other Consumers or EwCR, who may continue to use it.

Upon request of the Consumer or EwCR, the Operator will provide such a User, at its own expense, within a reasonable time and in a commonly used machine-readable format, User Content that has been produced or delivered while using Digital Services or Digital Content. This obligation does not apply to the return of User Content as mentioned in section 6 items a) - c).

§ 22.

License on User Content

User Content may be protected under relevant intellectual property laws, especially as protected works or related rights.
In connection with the protection referred to in subsection 1, the User grants the Operator and other Users a non-exclusive license to use the User Content—in the fields of exploitation necessary for using the Application and achieving its objectives:

the reproduction and multiplication of User Content by all techniques, particularly printing, reprographic, magnetic recording, optical, and digital on any media,
the reproduction and multiplication of User Content in digital form, particularly within information technology systems, on personal computer hard drives, and all servers, without simultaneously creating a physical medium,
distributing User Content by putting it into circulation, lending, or leasing the original or copies of the User Content,
disseminating User Content through their public display, exhibition, playback, and broadcasting and re-broadcasting, including within social media, internet television, and radio, and any public sharing of User Content in such a way that everyone can access it at a place and time of their choosing, including on the Internet, mobile telephony networks, and other electronic communication networks, and distribution and transmission by email;
using User Content by incorporating them into other works and other non-creative materials.

The license, as mentioned in subsection 2, is granted for the duration that the User Content remains posted in the Application, without territorial limits.
The Operator may grant further licenses (sub-licenses) on behalf of third parties, particularly to its subcontractors (e.g., IT companies servicing information systems, marketing agencies, and others).
The license is granted at the moment the User Content is posted in the Application.
The User is not entitled to any compensation for the exploitation of their User Content by the Operator, other Users, or third parties, particularly Partners.
The User agrees that while their User Content remains in the Application, they will not exercise personal rights in a way that could hinder or prevent the exploitation of User Content in the Application, particularly will not supervise how User Content is used. Additionally, the User authorizes the Operator to exercise personal rights on their behalf, especially if any third party violates the User's personal rights and the Operator approaches this person with a demand to cease violations.
The User authorizes the Operator to use the User Content created by them, in whole or in parts, for promoting the Application, particularly in the Application and on social media platforms such as Facebook, Twitter, and Instagram, and in advertising offers for Partners. The authorization mentioned in the previous sentence includes the use of the User’s name and surname or nickname and image, depending on how the User marked the User Content. These provisions apply especially in the case of:

the Operator's use of texts, photos, and videos submitted by the User in connection with seeking expert opinions;
automatic identification of plant problems;
automatic identification of plants.

The User authorizes the Operator to arrange and organize User Content or its fragments according to various criteria, including as the best User Content, most frequently displayed, most frequently commented, and to share such compilations within the Application. The User authorizes the Operator to divide User Content into fragments. The Operator selects User Content or its fragments visible on the Application's pages.
In case of any doubts related to intellectual property rights and the scope of the license granted according to these Terms and Conditions, the User should immediately contact the Operator.

§ 23.

Procedure for Reporting Infringements

If User Content posted by a User may violate the Terms and Conditions, another User or a third party may report such User Content for verification by the Operator. A report of infringement can be made via email, through a contact form provided in the Application, or using the dedicated “Report infringement” functionality.
Verification of User Content by the Operator will occur no later than 30 (thirty) days from the day the report is received. For verification purposes, the Operator may request additional information or documents from the reporter, such as confirmation of ownership of rights that the verified User Content potentially violates.
During verification, the Operator is entitled to change the status of User Content to non-public (invisible to Users) or apply a filter in another way that prevents unrestricted access to the content.
After the verification, the Operator may remove User Content as violating the Terms and Conditions or find that User Content does not violate the Terms and Conditions.
Regardless of reports made by other Users or third parties, the Operator may at any time verify User Content posted by Users, and if it determines that certain User Content violates the Terms and Conditions, it may remove such User Content. However, the Operator reserves that it is not obligated to pre-control User Content posted by Users, particularly through preventative control (e.g., by pre-approving User Content added by Users) or in any other form of checking User Content. This does not exclude the Operator's right to use automated mechanisms to detect violations within the Application.
If User Content is removed as non-compliant with the Terms and Conditions, the Registered User who posted this User Content may file a complaint under the rules described in the Terms and Conditions.

§ 24.

Advertising and Promotional Activity

The Application may serve to promote goods and services of the Operator or Partners, particularly where advertising content may be displayed on the same webpage as User Content.
All materials from Partners that constitute advertising or promotional material are marked as "Sponsored Material," "Advertisement," or in another way that clearly indicates the advertising or promotional nature of the material.
The Operator may offer Partners the opportunity to maintain profiles in cooperation with it, including for the purpose of promoting the Partner or its products or services. The terms of cooperation are established under separate agreements with each Partner.
Advertising space in the Application is the exclusive property of the Operator, and thus publishing any advertising or promotional materials in the Application requires obtaining prior consent from the Operator. Advertising or promotional materials provided by Users in the Application without the Operator's consent will be removed by the Operator.

[CHAPTER VIII: FEES. PAYMENT RULES]

§ 25.

Fees for Using the Application

For the use of paid Services, the User is required to pay Fees in the amount specified in the price list applied by the Operator, particularly concerning the purchase of Subscriptions.
Subscription fees are paid upfront, and the Fee may be:

one-time or
recurring.

Fees are charged for each commencing Billing Period throughout the Subscription Period.
The Operator reserves the right to change Prices during the Subscription Period or after its conclusion, but before the renewal of the Subscription under a new Agreement. The Operator will notify such Users of the planned change to the fee schedule at least 3 days (in words: three days) before the change takes effect. Furthermore, the Operator may offer Users the purchase of the first Subscription at different Prices, based on established criteria (e.g., new Users may receive a lower Price compared to Users who have previously purchased a Subscription), where the types of criteria and conditions for purchasing a Subscription at a specified Price are determined by the Operator.
If the Operator is ready to provide Services and the User does not use the Services for reasons on their part, the Operator is not obliged to refund any Fees to the User, considering the relevant consumer law provisions.

§ 26.

Special Rights and Promotional Actions

The Operator may offer discounts, reductions, or other gratuities when using Services available within the Application, particularly for the purchase of Subscriptions. Decisions regarding the awarding of discounts, reductions, or other gratuities are made by the Operator.
In every case of informing about a Price reduction, the Operator also posts information about the lowest Price that was in effect in the 30 days prior to the introduction of the reduction. If a Service has been offered for sale for less than 30 days, alongside information about the reduced Price, the Operator also posts information about the lowest Price that was in effect from the day the Service was offered for sale until the day the reduction was introduced.
The Operator is authorized to organize promotional actions, particularly in cooperation with Partners, whereby Users participating in a promotional action may be exempt from the obligation to pay Fees to the Operator or obligated to pay them at a lower amount than that listed in the price list.
Rules for promotional actions may be specified in separate promotional action regulations.
The Operator is authorized to verify at any stage whether a User meets the conditions for participating in a promotional action. If it turns out that a User has violated the conditions upon which special rights are granted, the Operator may exclude such a User from participation in the promotional action.
If the Operator has organized a promotional action, and the User did not take advantage of it for reasons on their part (e.g., due to not logging into the Application, not reading emails for an extended period, or the User’s email provider marking an email sent by the Operator as spam), the User is not entitled to claims related to promotional actions, particularly not entitled to use them at a later date or receive a compensation for unused rights.

§ 27.

Making Payments

The Subscription Fee is paid upfront—with the purchase of the Subscription.
Payment of Fees is possible using the payment methods indicated in the Application, by making payment using a payment card.
Payment for a Subscription that is paid cyclically can only be made using a payment card, thus linking a payment card to the User’s account is a condition for activating a cyclically paid Subscription. It is not possible to pay Fees using other payment methods (e.g., bank transfer).
The chosen payment operator has the right to verify payment cards that are linked to the User's account, and in particular has the right to not accept a payment card indicated by the User, e.g., issued in a country other than the Republic of Poland. In the event of a negative verification by the payment operator, the Operator is not obliged to provide Services and also has the right to prevent the User from further using the Services for which a Fee has not been paid (e.g., by blocking access to the functionalities of the Application). The User may lodge a complaint directly with the payment operator who negatively verified the linked payment card.
In the case of a cyclically paid Subscription, the Fee amount is automatically debited from the User’s payment account before the start of the Billing Period, on the first day of each Billing Period. Funds are drawn from the payment card until the Subscription is canceled by the User under the rules set out in the Terms and Conditions.
During the period of a cyclically paid Subscription, the User is required to have sufficient funds in the payment account to cover the Subscription Fee. If the attempt to withdraw funds from the payment card is unsuccessful, the Subscription will not be activated or extended. If the Fee is not paid by a User who previously had a Subscription, the Operator will block the User’s account under the rules described in § 13, consequently the User will lose access to paid functionalities of the Application. Regaining access under the Subscription will be possible after the User pays the Fees for a new Subscription Period.
The Operator may provide Users with the option to make E-payments, e.g., using a discount code, voucher, or other e-coupon. In such cases, the User may pay the Price, in whole or in part, via E-payment, according to the instructions available on the order form page. Providing the option to make E-payments is not an obligation of the Operator.
The day of payment is the day when funds are recorded in the Operator’s bank account.
At the User’s request, the Operator will issue a VAT invoice (including for mobile applications, where the issuer of accounting documents may also be the owner of the store from which the mobile application was downloaded). For this purpose, the User is required to provide the Operator with all data necessary to issue a VAT invoice according to the relevant tax law provisions—by indicating them in the User’s account or on the order form. VAT invoices will be transmitted electronically to the email address provided by the User. Consequently, the User authorizes the Operator to send VAT invoices via electronic communication means, particularly to the email address provided by the User.
The User authorizes the Operator to issue VAT invoices without their signature.
The Operator does not collect any data regarding payments made through fast payment operators or using a payment card, except for the payment identifier, which allows confirming that a specific payment has been made.

[CHAPTER IX: OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES]

§ 28.

Other Rights and Obligations of the Operator

Within the framework of the Agreement, the Operator commits to:

provide Services according to the terms specified in the Terms and Conditions;
inform the User about significant circumstances related to the use of Services;
provide Users with information concerning the use of Services, including the operation of the Application;
ensure access to the User's account and associated data and documents;
implement appropriate technical and organizational measures to protect the Application from loss, damage, and unauthorized access or use;
support Users on business days and during business hours.

The Operator has the right to:

inform Users, electronically, about important notifications related to the Services;
ask Users for general feedback and satisfaction level regarding the use of Services. Feedback may be collected in the form of questions or brief surveys through an information technology system;
conduct marketing activities in accordance with applicable laws and User declarations, if required;
send email messages or system notifications with information about premieres;
send email messages or system notifications with information about new partnerships with Partners;
send email messages or system notifications with information about new functionalities.

The Operator may make available Application resources for delivering and storing content of an advertising nature by other entities, which may not be related to the Operator's activities. All revenues from posting and storing advertising content belong exclusively to the Operator. Detailed conditions for delivering and storing advertising content, as well as payment rules, are set each time by the Operator with the entity interested in delivering and storing such content.

§ 29.

Other Rights and Obligations of the User

Within the framework of the Agreement, the User agrees to:

adhere to the provisions of the Terms and Conditions;
pay all Fees in accordance with the Terms and Conditions;
use the Services in accordance with their intended purpose and available functionalities;
use the Services lawfully, in accordance with the Terms and Conditions and social coexistence rules;
process personal data in accordance with applicable laws, especially to inform third parties about the processing of personal data when required;
not infringe intellectual property rights owned by the Operator and third parties;
cooperate in good faith with the Operator for the proper execution of the Agreement;
inform the Operator about all significant circumstances related to the execution of the Agreement;
provide, upon the Operator’s request, all necessary explanations, information, and other data;
independently secure access to devices and equipment used to access the Application.

The User has the right to:

manage their data and consents (they may withdraw consent at any time);
use the Services in accordance with the Terms and Conditions;
direct inquiries to the Operator's help department and submit complaints.

[CHAPTER X: LIABILITY OF THE PARTIES]

§ 30.

Operator's Liability

Considering the limitations of liability provided in other provisions of the Terms and Conditions, the Operator is not liable for:

failure to achieve the objectives expected by the User under the Agreement;
the unsuitability of Services for the purpose intended by the User, especially for solving a problem reported by the User within the functionalities "Expert Advice" or "Automatic Identification";
consequences of blocking or deleting the User’s account for reasons attributable to the User;
lack of access to the Application for reasons attributable to the User;
consequences of unauthorized interference in the Application by the User or third parties;
loss of data stored in the Operator’s information technology systems due to reasons attributable to the User or an independent third party;
improper execution of the Agreement due to reasons attributable to the User or a third party, especially external suppliers;
technical problems related to making payments for reasons attributable to third parties, especially payment operators;
actions and omissions of Partners;
consequences of delay in making Payments by the User;
non-compliance by the User with instructions and recommendations of the Operator;
provision of incomplete, false, or inaccurate personal data, including contact data;
consequences of using the Services in violation of legal provisions;
consequences of the User's non-compliance with the provisions of these Terms and Conditions;
consequences of force majeure.

The Operator is not liable for lost profits—Operator’s liability may only concern actual loss.
The Operator is not liable for external providers of technology, devices, services, etc.
The Operator’s liability to the User for damages for non-performance or improper performance of the Agreement is limited to intentional damage.
Limitations and exclusions of liability provided in the Terms and Conditions, particularly in subsections 1-4, do not apply to damage for which, according to mandatory legal provisions, the Operator’s liability cannot be excluded or limited.
The Operator’s liability to Users who are Consumers or EwCR for non-performance or improper performance of the Agreement is governed by the applicable provisions of civil and consumer law, hence the provisions of this paragraph related to limiting or excluding the Operator's liability for non-performance or improper performance of the Agreement do not apply to Consumers or EwCR.

§ 31.

Liability for Conformity of Digital Services with the Agreement

The warranty for defects of Digital Services, as stated in the provisions of the Civil Code, is excluded in the case of agreements entered into by Users other than Consumers or EwCR.
For agreements entered into by a Consumer or EwCR, the provisions on liability for conformity of Digital Services with the Agreement, which are included in the consumer rights act, apply, considering the provisions of the Terms and Conditions.
The Operator is liable to the Consumer and EwCR for the conformity of Digital Services with the Agreement. The conformity of Digital Services with the Agreement is assessed according to the provisions of the consumer rights act.
In the case of Digital Services:

delivered once or in parts—The Operator is liable for non-conformity of Digital Services with the Agreement that existed at the time of delivery and manifested within two years from that moment;
delivered continuously—The Operator is liable for non-conformity of Digital Services with the Agreement that occurred or manifested during the time they were to be delivered according to the Agreement.

In cases where the Operator provides Digital Services continuously, Digital Services should conform to the Agreement throughout the time of their delivery according to the Agreement.

[CHAPTER IX: OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES]

§ 32.

Conformity of Digital Services to the Agreement

If Digital Services are non-conforming with the Agreement, a Consumer or EwCR may request that the Digital Services be made to conform with the Agreement.
If making the Digital Services conform with the Agreement is impossible or would require excessive costs for the Operator, the Operator may refuse to make the Digital Services conform with the Agreement.
The Operator will make the Digital Services conform with the Agreement within a reasonable time, no longer than 21 days from the moment the Operator was informed by the Consumer or EwCR about the non-conformity of the Digital Services with the Agreement, and without undue inconvenience to the Consumer or EwCR, considering their nature and the purpose for which they are used.
The costs of making the Digital Services conform with the Agreement are borne by the Operator.

§ 33.

Price Reduction or Withdrawal from the Agreement in Case of Non-Conformity of Digital Services with the Agreement

If Digital Services are non-conforming with the Agreement, a Consumer or EwCR may declare a price reduction or withdrawal from the Agreement when:

the Operator has refused to make the Digital Services conform with the Agreement according to § 32(2);
the Operator has failed to make the Digital Services conform with the Agreement;
non-conformity of the Digital Services with the Agreement still exists, despite the Operator's attempt to make the Digital Services conform;
non-conformity of the Digital Services with the Agreement is significant enough to justify a price reduction or withdrawal from the Agreement without first using the means mentioned in § 32(1);
it is clear from the Operator's declaration or the circumstances that the Operator will not make the Digital Services conform with the Agreement within a reasonable time or without undue inconvenience for the Consumer or EwCR.

The reduced Price must be in proportion to the Price stipulated in the Agreement, to the extent that the value of non-conforming Digital Services remains to the value of conforming Digital Services. If Digital Services are provided in parts or continuously, the price reduction should consider the time during which the Digital Services were non-conforming with the Agreement.
The Operator is obligated to refund the due Price to the Consumer or EwCR promptly, no later than 14 days from the day the Consumer or EwCR made the declaration about reducing the Price.
A Consumer or EwCR cannot withdraw from the Agreement if the Digital Services are provided in exchange for a payment and the non-conformity of the Digital Services with the Agreement is insignificant. It is presumed that non-conformity of Digital Services with the Agreement is significant.

§ 34.

Settlement with the Consumer or EwCR in Case of Withdrawal from the Agreement

In situations where a User, being a Consumer or EwCR, withdraws from the Agreement:

- under the rights resulting from the consumer warranty for non-conformity of Digital Services with the Agreement;
- in case the Operator fails to deliver the Digital Services, despite the User's demand, the provisions of this paragraph apply to the settlements between the Parties.

The Operator is obligated to refund the Price only for the part corresponding to the non-conforming Digital Services or the Digital Services for which the obligation to deliver has ceased due to the withdrawal from the Agreement. Simultaneously, the Operator is not entitled to demand payment for the time during which the Digital Services were non-conforming with the Agreement, even if the Consumer or EwCR actually used them before withdrawing from the Agreement.
The Operator is obligated to return the due Price to the Consumer or EwCR immediately, no later than within 14 days from the day the Consumer or EwCR declared withdrawal from the Agreement.
The Operator will make the refund using the same method of payment used by the Consumer or EwCR unless the Consumer or EwCR expressly agreed to a different method of refund that does not incur any costs for them.

§ 35.

User's Liability

The User is liable towards the Operator according to the general principles of civil law, including liability for actions of third parties with whom they execute the Agreement, or to whom they entrust the execution of the Agreement in whole or in part, as if their own actions.
The User is particularly liable to the Operator for:

using the Application in violation of the Terms and Conditions, particularly by using it for purposes not intended;
causing damage to a third party while using the Application, especially in the form of infringing any rights of third parties;
conducting unlawful activities using the Application;
infringing intellectual property or other intangible rights belonging to the Operator or third parties;
unlawful processing of personal data;
delays in performing obligations stipulated in the Terms and Conditions;
non-payment or delayed payment of Fees;
providing false, incomplete, or otherwise inaccurate information necessary for the use of the Services.

In case third parties bring any claims against the Operator due to the User's use of the Application, the User indemnifies the Operator from liability towards this third party and covers all documented costs incurred by the Operator in connection with these claims. This provision does not apply to Users who are Consumers, for whom the rules for compensation are determined by applicable law.

[CHAPTER XI: DURATION OF THE AGREEMENT]

§ 36.

Duration of the Agreement

An agreement concerning non-paid services (e.g., in the form of a newsletter) is concluded for an indefinite period.
In the case of subscriptions, the agreement is concluded for a fixed term equal to the Subscription Period, and therefore its duration may vary depending on the chosen Subscription Period. The Billing Period may, but does not have to, coincide with the Subscription Period and the duration of the Agreement.
If a User with a renewable subscription does not declare their intention to discontinue using the Application (by canceling the Subscription using the appropriate functionality of the Application), the agreement does not expire but is automatically extended for subsequent Subscription Periods equal to the previous Subscription Period.

§ 37.

Termination of the Agreement

The Operator may terminate the agreement for important reasons on its part, with a notice period of 1 (in words: one) month, effective on the last day of the month, particularly in the case of:

revocation, limitation, expiration, change of permissions or conditions for conducting activities by the Operator, particularly as a result of an administrative decision, other rulings, or changes in law;
loss by the Operator of the technical, financial, or organizational capability to perform the Agreement at the previous level;
change in the nature of the business conducted by the Operator;
withdrawal of the Application from circulation, sale of the Application, or another change in the manner of exploiting the Application.

In situations referred to in § 35(2), the Operator may terminate the Agreement without notice after having previously called upon the User to perform a specified action or desist and setting an additional deadline of no less than 7 (in words: seven) days.
The User may terminate the agreement concerning non-paid services at any time by submitting a termination statement or ceasing to use the services (e.g., by unsubscribing from the newsletter, etc.).
The User may terminate a fixed-term agreement only in cases specified in the relevant legal provisions or the Terms and Conditions. In other cases, a fixed-term agreement is not subject to termination before the expiry of the period for which it was concluded.
If the Subscription is canceled during the Subscription Period, the User retains the right to use the Subscription until the end of the paid Subscription Period.
In the event of termination of the Agreement by the Operator for reasons attributable to the User, the User is not entitled to compensation claims against the Operator, nor is there a refund of Fees. This provision does not apply to Users who are Consumers or EwCR, where the rules of settlements are defined by the applicable consumer law.
The Operator may introduce mechanisms related to quality or satisfaction guarantees. In such a case, the User, no later than 14 (in words: fourteen) days from the date of the Agreement, may resign from the Subscription and receive a refund of the paid Fees by sending an electronic declaration of resignation to the Operator, according to the template provided by the Operator. The User should state the reason why they are not satisfied with the Services. Upon receiving the declaration of resignation, the Operator will refund the full amount of the paid Fee.

[CHAPTER XII: RIGHT TO WITHDRAW FROM THE AGREEMENT]

§ 38.

Withdrawal from the Agreement by the User who is a Consumer or EwCR

A User who is a Consumer or EwCR can generally withdraw from a distance contract without stating a reason within 14 (in words: fourteen) days from the day of its conclusion by submitting a declaration of withdrawal. To exercise the right to withdraw from the Agreement without stating reasons, the User should send the declaration to the Operator in writing or electronically, in accordance with the Operator's contact details. The template for the declaration constitutes Annex No. 1.
According to Art. 38 of the Act of 30 May 2014 on consumer rights (Journal of Laws 2020, item 287, as amended - hereinafter: u.p.k.), the User does not have the right to withdraw from the Agreement:

for the provision of Services for which the User is obliged to pay the Price if the Operator has fully performed the service with the express and prior consent of the User, who was informed before the commencement of the service that after the performance by the Operator, they would lose the right to withdraw from the Agreement, and acknowledged it;
for the provision of Services related to entertainment, sports, or cultural events if the Agreement specifies the day or period of service provision;
for the delivery of Digital Content not supplied on a tangible medium, for which the Consumer or EwCR is obliged to pay the Price, if the Operator commenced the provision with the express and prior consent of the User, who was informed before the commencement of the service that after the performance by the Operator, they would lose the right to withdraw from the Agreement, and acknowledged it, and the Operator provided the User with confirmation as referred to in Art. 21(2) of the Act on consumer rights.

If at least one condition specified in subsection 2 is met, the User does not have the right to withdraw from the Agreement without stating reasons.
In the event of effective withdrawal from a distance contract, the Agreement is deemed not concluded, and the User is released from all obligations, except for the costs specified in Art. 35 u.p.k.: "Art. 35. 1. If the consumer exercises the right to withdraw from the contract after making a request in accordance with Art. 15(3) and Art. 21(2), they are obliged to pay for the services provided until the withdrawal from the contract. 2. The amount of payment is calculated proportionally to the scope of the service provided, considering the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided." Except for these costs, the Parties are obliged to return to each other what they had provided until the withdrawal from the Agreement.
The Operator will immediately, no later than within 14 days from the day of receiving the declaration of withdrawal, return the payments made by the User, for which the Operator is obliged to refund.
The Operator will make the payment using the same method of payment used by the User unless the User has agreed to a different method of return that does not involve any costs for them.

[CHAPTER XIII: COMPLAINT PROCEDURE]

§ 39.

Complaint Procedure

If it is found that the Agreement is not being performed according to the provisions of these Terms and Conditions, the User may file a complaint.
A complaint can be submitted:

by sending the complaint to the email address [email protected];
by sending the complaint in writing, by registered letter—to the Operator's address.

The complaint should include:

the User’s name and surname (or company name);
contact details;
a detailed description of how the provision of Services was non-compliant with the Terms and Conditions.

Upon receiving the complaint, the Operator will immediately confirm its receipt—electronically, to the provided email address.
Complaints are processed within 14 (in words: fourteen) days from the day of submitting the complaint.
If the Operator did not provide Digital Services according to the Agreement, the User may submit a complaint in which they call on the Operator to provide the Digital Services. If, despite this demand, the Operator does not immediately provide the Digital Services or within an additional period agreed between the Parties, the User may withdraw from the Agreement without calling on the Operator to provide the Digital Services if:

from the Operator’s statement or circumstances, it is clear that the Operator will not provide the Digital Services;
the Parties agreed or from the circumstances of the Agreement it is clear that a specific deadline for providing the Digital Services was essential for the User, and the Operator did not deliver them within this deadline.

[CHAPTER XIV: OUT-OF-COURT DISPUTE RESOLUTION]

§ 40.

Amicable Dispute Resolution

Detailed information on the possibilities for a Consumer to use out-of-court complaint and redress mechanisms and the rules of access to these procedures are available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations whose statutory duties include consumer protection, Provincial Trade Inspection Inspectorates, and on the following online addresses of the Office of Competition and Consumer Protection:

Out-of-court consumer dispute resolution.

Individual Cases

Important addresses

A Consumer has the following options for using out-of-court methods of handling complaints and seeking redress:

Appeal to the permanent consumer arbitration court referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2020, item 1706, as amended), with a request to resolve a dispute arising from the concluded Agreement. The regulations of the organization and operation of permanent consumer arbitration courts are defined by the regulation of the Minister of Justice of September 6, 2017, on specifying the rules of organization and operation of permanent consumer arbitration courts at provincial inspectors of trade inspection (Journal of Laws 2017, item 1356)
Appeal to the provincial inspector of Trade Inspection, according to Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws 2020, item 1706, as amended), with a request to initiate mediation proceedings to amicably end the dispute with the Operator. Information on the rules and procedure of mediation conducted by the provincial inspector of Trade Inspection is available at the offices and on the websites of the respective Provincial Trade Inspection Inspectorates;
Obtain free assistance from the county (municipal) consumer ombudsman or a social organization whose statutory duties include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided by the Consumer Federation via the free consumer helpline number 800 007 707 and by the Association of Polish Consumers at the email address [email protected];
Use the European Union ODR online platform that allows filing complaints and pursuing claims related to the Agreement, which ODR platform of the European Union is available at: http://ec.europa.eu/consumers/odr/.

[CHAPTER XV: INTELLECTUAL PROPERTY PROTECTION. PERSONAL DATA PROTECTION]

§ 41.

Intellectual Property Rights

The Application and all materials available on the Application, including the source code, layout, logos, databases, etc., as well as all content prepared by the Operator, may constitute protected intangible goods, hereinafter referred to as "Intangible Goods"—and are protected in accordance with the appropriate intellectual property laws. The User undertakes not to infringe intellectual property rights during the entire duration of the Agreement and after its termination, under penalty of compensation liability provided for in relevant legal provisions.
Based on the Terms and Conditions, the Operator grants the User a non-exclusive license to use the Intangible Goods to the extent necessary to use the Services. The User is entitled to:

View photos, images, videos, texts within the Application;
Display photos, images, videos, texts on their social media, solely for non-commercial purposes;
Use photos, images, videos, texts to promote the Application.

The license mentioned in subsection 2 is granted for the duration of the provision of Services, in the territory where the User is domiciled or resides.
The User may not grant further licenses (sublicenses) to third parties, except when further licensing is required to use the Intangible Goods according to their intended purpose.
The User may not transfer the rights derived from the granted license to third parties without the Operator’s written consent.
In light of the provisions on permitted use, the User is absolutely prohibited without the Operator’s consent from:

Permanently or temporarily reproducing (copying) Intangible Goods, in whole or in part, by any means and in any form;
Introducing any amendments, modifications to sources and changes in the structure of Intangible Goods;
Using Intangible Goods and their parts, fragments or versions in other software or work;
Creating software similar to the Application that could constitute developments of the Application;
Reproducing, decompiling, disassembling, and all other activities that would lead to obtaining the source code in violation of applicable laws;
Reselling, distributing, lending, leasing, renting out, giving away for payment or free of charge to third parties the Intangible Goods, their copies, any modifications, and documentation;
Undertaking any dispositional activities regarding rights to the Intangible Goods on behalf of third parties.

The license is granted when the User accesses the Intangible Goods necessary to use the Services. The license expires with the end of the provision of Services, regardless of how it occurs.
The User is obliged to respect the intellectual property rights of third parties, especially external providers.
If the User wishes to use any Digital Content for their business or professional activities, they must contact the Operator to grant a license for the specific Digital Content by sending a message to the email address: [email protected]. Within 30 (in words: thirty) days from the day of receiving the inquiry, the Operator may, but is not obliged to, provide the User with an offer to grant a license for this Digital Content, specifying in particular the amount of the license fee and the duration of the license. The User is entitled to exploit the Digital Content only after accepting the Operator’s offer and paying the full license fee.

§ 42.

Personal Data Protection

The Data Controller of Users' Personal Data is the Operator.
Detailed rules related to the processing of personal data and cookies have been described in the Privacy Policy available at: https://zielonepogotowie.app/prywatnosc
The User, using any personal data belonging to third parties for the purposes of performing the Agreement, is obliged to ensure that the use of such data occurs in accordance with the law, and in particular, that the entities to which the data belong have been duly informed about their use.
If the User uses personal data belonging to third parties, the Operator has the right to assume that the use of this personal data occurs in accordance with the law.
In the event that:

The User does not properly fulfill the obligations indicated in subsection 3;
The User unlawfully uses personal data belonging to third parties,

and as a result, the Operator incurs any liability (civil, administrative), the User may be required to compensate the Operator for the damage caused, under the general principles of law.

§ 43.

Reviews

The Operator may provide Users with the opportunity to post reviews of the Application, the Operator, or the services offered either within the Application or on third-party external services. The following provisions of this paragraph apply to posting reviews.
Posting a review is possible after using the Application, particularly after concluding an Agreement, although reviews can be posted at any time.
Users should formulate reviews in a reliable, honest, and substantive manner, linguistically correct to the extent possible, and without using vulgarity or other words commonly considered offensive.
It is prohibited to post reviews:

Without prior use of the Application;
That constitute an act of unfair competition as understood by Article 3 of the Act of April 16, 1993, on Combating Unfair Competition;
That infringe upon the personal rights of the Operator or any third party;
By paid users, aimed at artificially raising or lowering the ratings of the Application or the services offered.

The Operator may at any time verify whether the posted reviews comply with the Terms and Conditions, especially whether they come from Users who have actually used the Application. Additionally, in case of any doubts about the reviews posted, a User may submit a review to the Operator for verification. Upon receiving a report from a User, the Operator will take actions, as far as its capabilities allow, aimed at verifying the posted review.
If a review does not meet the requirements set out in the Terms and Conditions, the Operator may refuse to publish the review or may remove it.

[CHAPTER XVI: FINAL AND MISCELLANEOUS PROVISIONS]

§ 44.

Contact with the Operator

Contact with the Operator is possible in the following ways:

By email: [email protected];
By phone: (+48) 534 625 075
By regular mail: ul. Długa 16, 85-034 Bydgoszcz

The preferred form of communication between the Parties is electronic correspondence via email.

§ 45.

Final Provisions

The Operator reserves the right to make changes to the Terms and Conditions in cases such as:

Changes to the terms of service provision;
The need to adjust the Terms and Conditions to legal changes;
The need to adjust the Terms and Conditions following a decision, judgment, or other ruling by the competent court or state authority;
The necessity to fulfill a legal obligation incumbent on the Operator;
Editorial changes.

Each document is marked with the date from which its provisions apply.
Changes to the Terms and Conditions are published in the Application, and Users will also be notified of the planned change to the content of the Terms and Conditions by electronic means, via email (if the Operator has the User's email address).
Changes to the Terms and Conditions come into effect on the date indicated in the notice of change to the Terms and Conditions, but no earlier than 7 (in words: seven) days after the notification referred to in subsection 3.
If the change to the Terms and Conditions is significant and substantially affects the rights or duties of the User, the User has the right to terminate the Agreement, which is to be performed also after the change of the Terms and Conditions, until the planned entry into force of the changes.
Polish law is the governing law for the Agreement. In matters not regulated in the Terms and Conditions, the relevant provisions of Polish law apply. The choice of applicable law does not violate the regulations applicable in the country in which the User using the Application resides—regarding such a User, Polish law applies, taking into account the regulations to which the User is subject.
In the event of drafting the Terms and Conditions in different language versions, the Polish version is decisive.
The headings used in the Terms and Conditions are for the convenience of the Parties and do not affect the interpretation of the Agreement.
All annexes form an integral part of the Terms and Conditions.
If any provision of the Terms and Conditions is wholly or partially invalid, ineffective, or unenforceable, it does not affect the validity, effectiveness, or enforceability of the remaining provisions of the Terms and Conditions. The Parties hereby agree to replace such a provision with the appropriate legal provision.
In the event of any disputes arising between the Parties regarding the conclusion, interpretation, performance, and legal effects of the Agreement, the Parties will negotiate in good faith to amicably resolve the dispute. If the dispute cannot be resolved amicably, the Parties will submit the dispute to the general court competent for the Operator's seat, and in the case of Users who are Consumers or PNPK, to the general court whose jurisdiction is determined by the provisions of the Act of November 17, 1964—Code of Civil Procedure.
The Terms and Conditions are effective from November 13, 2023.