Terms of Service for electronically supplied services

§ 1. General provisions and definitions

1. These terms of service (hereinafter: the “Terms”) set out the types, scope and conditions of providing services by electronic means through the service available at app.gorzko.app (hereinafter: the “Service”), in accordance with Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (ustawa o świadczeniu usług drogą elektroniczną).

2. The Service Provider is Codewarbler spółka z ograniczoną odpowiedzialnością (Codewarbler sp. z o.o., a limited liability company) with its registered office in Hadykówka, address: Hadykówka 140, 36-105 Cmolas, entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court in Rzeszów, XII Commercial Division of the National Court Register, under KRS number 0001174966, NIP (tax identification number) 8141702783, REGON (statistical number) 541845968 (hereinafter: the “Service Provider”). Electronic contact address: [email protected].

3. The terms used in these Terms mean:

a) Organiser — a person who has concluded a contract with the Service Provider for the provision of the Album Service by creating an account in the Service;
b) Guest — a person who has joined an Event using a QR code or a text code made available by the Organiser;
c) Event — a space created by the Organiser in the Service dedicated to a single occasion (e.g. a wedding);
d) Album — all of the Content gathered within an Event;
e) Content — photographs, videos, descriptions, reactions and other materials posted in the Service by Guests or the Organiser;
f) Consumer — a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity, as well as a natural person referred to in Article 7aa of the Consumer Rights Act (ustawa o prawach konsumenta).

§ 2. Types and scope of services

1. The Service Provider provides the following services by electronic means:

a) Account Service — maintaining the Organiser’s account in the Service, which enables Events to be created and managed;
b) Album Service — making available the infrastructure for collecting, viewing, moderating and downloading Content within an Event, including generating a QR code for Guests;
c) Event Participation Service — the possibility, free of charge for the Guest, of adding and viewing Content within the Event they have joined.

2. The contract for the provision of the Account Service is concluded when the Organiser confirms their e-mail address, for an indefinite period. The contract for the provision of the Event Participation Service is concluded when the Guest joins the Event, for the duration of the Event.

§ 3. Technical requirements

Use of the Service requires: a device with access to the Internet, an up-to-date version of a web browser that supports JavaScript and — in the case of the Organiser — an active e-mail account. The Service does not require any application to be installed. The costs of data transmission are borne by the user in accordance with their operator’s tariff.

§ 4. Organiser account

1. Registering an account requires providing a name and an e-mail address and setting a password, followed by confirming the e-mail address via a verification link valid for 24 hours.

2. The Organiser is obliged to keep the password confidential and to inform the Service Provider without delay of any suspected unauthorised access to the account.

3. The Organiser may terminate the contract for the provision of the Account Service at any time with immediate effect by requesting deletion of the account at [email protected].

§ 5. Price and payments

1. The base price of one credit entitling the holder to create one full Event is PLN 229 gross and is payable once. The price may be reduced by using an active discount code; the final amount is displayed to the Organiser before the payment begins.

2. Electronic payments are processed through PayU. Once the payment is confirmed, the credit is automatically assigned to the Organiser’s account. Creating one full Event uses one credit.

3. The Organiser may create a demonstration Event free of charge, which runs for 7 days and allows up to 10 files to be added. The limitations of the demonstration version are displayed before it is created. Creating an account and a Guest’s participation in an Event are free of charge.

§ 6. Guest participation and Content

1. A Guest joins an Event using a QR code or a text code, providing a first name (display name) and a telephone number used solely for identification within the Event.

2. Users of the Service are prohibited from providing content of an unlawful nature, in particular content infringing the copyright, personal rights, privacy or image of third parties, as well as offensive or vulgar content.

3. By posting Content, the Guest represents that they hold the appropriate rights to it and that its dissemination within the Event does not infringe the rights of third parties.

4. The Guest retains all author’s economic rights to their Content. Upon posting it, the Guest grants the Service Provider, the Organiser and the other Guests of the Event a free-of-charge, non-exclusive licence to use the Content to the extent necessary for the Album to function, i.e. in the following fields of exploitation: reproduction by digital technique, making available to the public within the Event, and downloading within the Album and its export. The licence expires upon deletion of the Content, except that copies downloaded earlier remain with those who downloaded them.

5. The Guest may delete their Content at any time. The Organiser may hide Content as part of moderating the Event.

§ 7. Reporting infringements

Reports of unlawful content are accepted at [email protected]. A report should indicate the content it concerns and the reasons for it. Upon receiving credible information about the unlawful nature of content, the Service Provider promptly disables access to it, informing the person who posted it, where possible.

§ 8. Liability

1. The Service Provider provides the services with due diligence, including making backup copies of Content, and strives to ensure the continuity of the Service’s operation. The Service Provider reserves the possibility of technical breaks necessary for the maintenance or development of the Service, scheduled, where possible, outside the duration of Events.

2. The person who posted Content is responsible for it. The Service Provider is not liable for Content of whose unlawful nature it was not aware, in accordance with Article 14 of the Act on Providing Services by Electronic Means.

3. No provision of the Terms excludes or limits the Consumer’s rights under mandatory provisions of law, including the Service Provider’s liability for the lack of conformity of the performance with the contract under the rules set out in the Consumer Rights Act.

§ 9. Complaints

1. Complaints concerning the services may be submitted to [email protected], stating a description of the problem and details enabling contact.

2. The Service Provider considers the complaint and replies within 14 days of its receipt, to the e-mail address from which the complaint was sent, unless the complainant indicates another means of contact.

§ 10. Withdrawal from the contract

1. A Consumer may withdraw from a contract concluded at a distance within 14 days without giving any reason, by submitting a statement to [email protected]. To meet the deadline, it is sufficient to send the statement before it expires. The Consumer may use the model form set out in Annex 2 to the Consumer Rights Act, which is not mandatory.

2. If, at the Consumer’s express request, performance of the Album Service began before the end of the withdrawal period, the Consumer retains the right of withdrawal, but if they exercise it, they are obliged to pay for the services performed up to the moment of withdrawal. The right of withdrawal does not apply to a service that has been fully performed, if its performance began with the express and prior consent of the Consumer, who was informed that after the performance they would lose the right of withdrawal and acknowledged this (Article 38(1)(1) of the Consumer Rights Act).

3. In the event of an effective withdrawal, the contract is deemed not to have been concluded, and the payments received are refunded within 14 days using the same means of payment as the Consumer used, unless the Consumer has expressly agreed to a different means of refund.

§ 11. Personal data

The rules for processing personal data, including the information required by Article 13 of the GDPR (RODO), are set out in the Privacy Policy, which forms an integral supplement to the Terms.

§ 12. Amendments to the Terms

1. The Service Provider may amend the Terms for important reasons, in particular a change in legislation, a change in the scope or manner of providing the services, or security considerations.

2. Organisers will be notified of an amendment to the Terms at the e-mail address assigned to their account at least 14 days before it enters into force. An Organiser who does not accept the amendments may terminate the contract before the date on which they enter into force. The amendments do not infringe acquired rights and do not apply to Events paid for before their entry into force if they would worsen the Organiser’s position.

§ 13. Final provisions

1. The governing law is Polish law, provided that this choice does not deprive the Consumer of the protection afforded by provisions that cannot be excluded by agreement under the law of the country of their habitual residence.

2. Disputes are resolved by the common courts having jurisdiction under the general provisions. The Consumer may use out-of-court means of handling complaints and pursuing claims, including the assistance of a municipal (district) consumer ombudsman or a provincial inspector of the Trade Inspection.

3. The Terms are made available free of charge at the address gorzko.app/regulamin (this translation: gorzko.app/en/terms) in a form that allows them to be obtained, reproduced and recorded.