- These regulations (hereinafter referred to as “Regulations”) set out the rules for using the application named “APP. WEDDING” by its Users and provisioning of electronic services by Service Provider within this application.
- The Service Provider is Maciej Stypka, conducting business under the name MASTER4U Maciej Stypka, address: Poland, 40-123 Katowice, ul. Czerwińskiego 6 lok. 316, entered in the National Business Registry (REGON) under number 241080707 and distinguished by Tax Identification Number (NIP) 634-232-70-25 (hereinafter: Service Provider).
- The Application is the property of the Service Provider.
- Digital Distribution Platforms referred to in §2.1 of the Regulations;
- Payment Providers through which the User pays the Recurring Payments for the subscription described in the Regulations.
- Application – distributed through digital distribution platforms: Google Play and App Store, the “APP.WEEDING” Application designed to be installed on Mobile Devices, providing a unique wedding organizer to facilitate the process of organizing a wedding and/or a reception.
- Password – a unique sequence of characters allowing to log into the User Account.
- User Account – an individual part of the Application intended for the User registered in the Application.
- Login – a unique User identifier used to log in.
- Services – services provided electronically by the Service Provider within the Application, in particular the services enabling access to the contents and functions of the Application.
- Mobile Device – portable electronic device, connected to the Internet using wireless technology (3G, LTE, Wi-Fi), employing the Android or the iOS operating system.
- User – any natural person with full legal capacity, having the status of a consumer within the meaning of Article 221 of the Act of 23.04.1964 of the Polish Civil Code, who has the Application installed on his/her Mobile Device.
- Subscription Period – a settlement period calculated monthly from the calendar day on which the paid provision of Services to the User commenced (Service Activation) to the day preceding the day corresponding to the Service Activation in the following month.
If the following calendar month does not have a day corresponding to the activation day, then the beginning of the next billing period falls on the last day of that month.
- Recurring Payment – the remuneration payable by the User to the Service Provider for the use of the Application during a given Subscription Period. The Recurring Payment is calculated automatically in advance for each Subscription Period on the first day of a new Subscription Period under the conditions and in the amount set forth in §5 of these Regulations.
USE OF APPLICATIONS
- The Service is provided electronically by the Service Provider.
- In order to properly use the Application, the User should have:
- an active connection to the Internet;
- a mobile device;
- Java Script enabled (on the Mobile device);
- an active email address;
- an active account in Google Play or App Store, which allows to make payments to the Service Provider, described in these Regulations, from the level of the account.
- In order to download, install, launch and use the Application, the Internet connection is required All costs of Internet connection, in particular data transmission, shall be borne by the User on his/her own, pursuant to agreements concluded by the User with telecommunications operators or another Internet provider. The Service Provider shall not be liable for failure to perform or improper performance of Services by such operators and providers.
- Before using the Application, the User must set up a User Account by providing the data necessary to set up such User Account, including an e-mail address, a Login
and a Password. The e-mail address provided by the User when creating a User Account is at the same time the Login.
- Registration of the User Account takes place by completing an electronic Application Form and providing all the required data, i.e. name and e-mail address.
- After completing the registration form, the User will be given access to the features of the Application in trial mode for a period of 3 days. In order to obtain the access the User must:
- provide his/her credit card or debit card information and other data as may be required by mobile distribution platforms and/or third party Payment Providers to allow you to make the Recurring Payments described in these Regulations;
- agree to charge his/her payment card account on a recurring basis to make payments to the Service Provider for his/her subscription. Recurring Payments are processed through third party Payment Providers.
- All errors in the operation of the Application should be submitted to e-mail address: firstname.lastname@example.org.
- The Service Provider is not responsible for the operation of telecommunications systems, mobile application distribution platforms, Payment Operators or software (other than the Application) installed on the User’s Mobile Device.
- Fees for Services specified in §5 of the Regulations may be changed in accordance with the procedure and rules set forth in the Regulations.
- The User Account and all content entered therein are maintained on the Service Provider’s servers and on the Mobile Device.
- The User is obliged not to disclose his/her Login and Password to unauthorized persons.
- The Service Provider is released from any liability for damage resulting from the User providing his/her access data (Login, Password) of the Application to third parties.
- The User assumes full legal responsibility for all content entered by him/her into the Application.
- It is forbidden to include in the Application any content which is contrary to good practice or the rules of social coexistence (e.g. pornographic or vulgar content).
- The User undertakes to use the Application in a manner that does not disturb its functioning.
- It is forbidden for the User to place any elements that violate the integrity and appearance of the Application.
- The User may not have more than one User Account. The User is not allowed to use the User Accounts of other users.
- In the event of the breach by the User of any of the obligations referred to in Items 5–8 mentioned above, the Service Provider shall temporarily block the Application and request the User to desist from the breach and remove the disputed content within 7 days from the date of receipt by the User of the request sent to the User Account. If the infringement is not removed, after the specified period has elapsed, the Service Provider will block the Application permanently. The blocking referred to in this clause shall be tantamount to the termination of the agreement for the provision of the Service by electronic means with immediate effect through the fault of the User. In this case the User shall not be entitled to a refund of the fee paid for the Services.
- User declares that in case of any claims directed to Service Provider on account of violation by the User of any rights of third parties in connection with his failure to perform or improper performance of obligations, referred to in Items 5–8 mentioned above, he/she undertakes, at the Service Provider’s first request, to enter into a dispute, satisfy the claims of this third party and indemnify the Service Provider against all liabilities incurred as a result of these claims. The third party is obliged to pay all costs related to the Service Provider’s participation in court/out-of-court proceedings and possible enforcement proceedings, including legal costs of such proceedings. The above provision shall apply accordingly if the competent authority imposes an administrative fine on Service Provider for violation of third party rights in connection with the failure to perform or improper performance by the User of the obligations referred to in Item 5–8 mentioned above, in particular the User undertakes to cover such fine in full at the first request of the Service Provider
- In addition to the cases described in Item 10 mentioned above, the Service Provider may terminate the User’s right to use the Application, and may restrict the User’s access to some or all of the Application resources, with immediate effect, if the User:
- has provided untrue or outdated data during registration, misleading or violating the rights of third parties misleading or violating the rights of third parties;
- has, by means of the Application, violated the personal rights of third parties,
in particular the personal rights of other Users of the Application.
- Downloading the Application from digital distribution platforms, as referred to in §2 Item 1 of the Regulations, is free of charge.
- The use of the functions of the Application by the User after the creation of the User Account requires the User to pay the Recurring Payment through third-party operators and using an account on Google Play or App Store after the trial period. The User undertakes to provide sufficient funds to pay for the Service on the due date for payment of the Recurring Payment.
- Once subscribed, the User will have uninterrupted access to the Application until he/she cancels the subscription.
- At the end of the trial period, the Recurring Payment for the first Subscription Period will be charged unless the User cancels his/her subscription before the end of the trial period. Upon cancellation of the trial period, the User will immediately lose access to the Application and the benefits of the subscription. Each User is entitled to one trial period.
- The User may cancel a subscription at any time prior to the end of a given Subscription Period. Cancellation of a subscription will be effective as of the next Subscription Period and will not result in a refund of any portion of the fees paid by the User for the Subscription Period during which the subscription was cancelled.
- Cancelation of the subscription is performed through the User’s Google Play or App Store account.
- The Recurring Payment for a given Subscription Period is 8.99 PLN. Payment by the User is based on his/her local currency and the exchange rate is determined by the bank or external Payment Operator. The Service Provider shall not be liable for the correct exchange rate or other fees charged or accrued by the bank or third party Payment Operator.
- Prices are gross prices and therefore include all legally required components, including VAT.
- The User shall be charged with the Subscription Fee at the rate in effect on the date of the subscription agreement. In the event of a subsequent increase in the Subscription Fee, the Service Provider will notify the User, and the increase will apply to the Recurring Payment following the date of the notification and will require the User’s consent. If the User does not accept the new amount of the Subscription Fee, the subscription will be blocked at the beginning of the Subscription Period from which the new Recurring Payment should apply, and the User will lose the ability to use the functions of the Application.
- The Service Provider reserves the right to introduce additional paid functionalities during subsequent updates of the Application. Paid functionalities of the Mobile Device shall be clearly marked so that the User has full knowledge of the costs incurred in connection with the use of paid functionalities of the Application.
COPYRIGHT USAGE POLICY
- The Service Provider owns the economic and personal copyrights to the Application and to the content published by the Service Provider in the Application. Copyright is protected by the Polish Copyright and Neighbouring Rights Act of 4 February 1994.
- The use of the Application and the content published in the Application does not imply the acquisition of any copyright by the User. No content used by the User may be reproduced or distributed, in whole or in part, in any form or by any means (electronic or mechanical), including copying and posting on the Internet. Use or exploitation of the content in whole or in part, without the written consent of the Service Provider is prohibited.
- The Service Provider grants the User a non-exclusive, temporary, territorially unlimited licence to use the Application and the content contained therein exclusively for the purpose of organising a wedding and/or a reception using the functionalities of the Application.
- The licence referred to in Item 3 mentioned above is granted exclusively for the duration of the use of the Application by the User after the creation of the User Account, subject to the User losing his/her ability to use the Application at an earlier date of his/her User Account in the event of deletion of his or her User Account, which shall not constitute a breach of the licence conditions by the Service Provider.
- The license referred to in Item 3 does not entitle the User to:
- grant further licences or to transfer the right to use the contents of the Application to third parties under any legal title without the prior consent of the Service Provider, which should be valid in writing;
- offer the Application or the content therein for resale;
- transfer the contents of the Application off the Service Provider’s servers;
- copy the graphic design and/or the contents of the Application;
- use the graphic design of the Application for purposes other than those specified in the Regulations.
- The User acknowledge and agree that he/she is solely responsible for his/her own content (including photographs and descriptions) and the consequences of posting or publishing those on the Application.
- The User declares that he is entitled to all of the rights, including the economic and personal copyrights, acquired in accordance with the applicable legal regulations, to the contents introduced into the Application. The User undertakes that the content he places in the Application shall not contain any materials that are subject to the personal and property rights of third parties (including copyrights or related rights, privacy rights and rights to control the use of his image), unless the User has an official licence or permission from the rightful owner, or the right to do otherwise, to include/publish the said material in the Application and to grant the Service Provider the licence referred to in Item 10 mentioned below. At the same time the User declares that he/she has the consent of the person visible in the content to use and distribute his/her image, name and surname to the full extent covered by the licence agreement concluded under these Regulations.
- As soon as the Service Provider becomes aware of any potential violation of property and/or personal rights of third parties (e.g. as a result of a notification), the Service Provider shall immediately inform the User at the e-mail address provided during the User Account registration about the possible violation of rights and request an explanation. The User is obliged to provide the Service Provider with an explanation within 24 hours from sending the message by the Service Provider. Failure to provide an explanation within this period shall result in the removal of the disputed content from the Application by the Service Provider.
- In the case of confirmation of violation by the User of the property rights and/or personal rights of third parties, the disputed content will be removed by the Service Provider, and the Service Provider shall be entitled on own discretion to block permanently or temporarily the Application. Removal of content that violates the personal or property rights of third parties, as well as the blocking of the Application or its deletion, shall in such case take place without any right to compensation from the Service Provider to the User.
- By uploading or posting any content in the Application, the User grants the Service Provider a territorially unlimited and time-limited (i.e. for the duration of the User Account), non-exclusive, free of charge, transferable licence (with sub-licence rights) to use the content, to the extent necessary to provide the Service.
- The User declares that, in the event that any claims are made to the Service Provider for the infringement of any third-party rights in connection with the posting of content by the User in the Application, the User undertakes to enter into a dispute at the first request of the Service Provider, settle the third-party claims and indemnify the Service Provider against all ensuing liabilities, including all costs associated with the Service Provider’s participation in judicial and/or extra-judicial proceedings and possible enforcement proceedings, including the costs of legal services for such proceedings. The abovementioned provisions apply accordingly in the event when Service Provider is charged by a competent authority with an administrative fine for infringement of third party rights in connection with contents posted by the User, who undertakes to pay the penalty in full at the first request of the Service Provider.
LEGAL DISCLAIMERS, LIABILITY
- The Service Provider undertakes to supervise the technical functioning of the Application.
- The Service Provider does not guarantee uninterrupted access to the Application and does not guarantee the permanent availability of all features of the Application and their error-free operation.
- Service Provider shall not be liable for any damages or lost profits incurred by User in connection with:
- functioning of the Application, in particular a disruption in the availability of all the Application functions or their incorrect functioning;
- infringement of third party rights by the User;
- functioning of interfaces and telecommunication links which are not owned or operated by the Service Provider;
- services, applications and websites that are not owned or operated by Service Provider;
- Service Provider is not liable for any damages and lost profits resulting from the actions/omissions of digital distribution platforms referred to in §2.1 of the Regulations and resulting from the actions/omissions of third-party operators, through which the Recurring Payments described in the Regulations are implemented.
- To the fullest extent permitted by mandatory provisions of law, the Service Provider shall not be liable in any way whatsoever for the content communicated and published in the Application by the Users, for its truthfulness, reliability and legality, as well as for the authenticity and legality of photographs, music files and video files. The Service Provider declares that he is not able to verify their conformity with the actual factual and legal state.
- The Service Provider shall make every effort to ensure that the Application operates continuously without any interruptions, however, the Service Provider shall not be liable for disruptions caused by force majeure or unauthorized interference by Users or third parties.
- The Service Provider reserves the right to temporarily shut down the Application in whole or in part for the purpose of improving it or carrying out maintenance, without prior notice to the Users.
- The Service Provider shall not be liable for the “theft” of User Accounts by third parties (in particular by those to whom the User provided the Login and Password), or for acts of downloading photos, music files, or video files and uploading them to other sites or using them in any other way by third parties, as the Service Provider is not able to block the copying of photographs and other content entered into the Application by Users. In the event that the Service Provider becomes aware of any of the situations referred to in the preceding sentence, the Service Provider shall take appropriate legal action, including notifying the relevant authorities of a suspected offence.
- The User may not, without the prior written consent of the Service Provider, copy, reproduce or otherwise use in whole or in part, the information, data or other content including images contained within the Application, except in the case of permitted use under the provisions of Copyright and Neighbouring Rights Act or as specified in other mandatory provisions of law.
- The Service Provider reserves the right to assign, in part or in whole, any of its rights and obligations in relation to the Application without the User’s consent or the possibility of any objection.
- Any comments, inquiries, information regarding the Application may be directed to the Service Provider at the e-mail address: email@example.com.
WITHDRAWAL FROM AND TERMINATION OF THE CONTRACT
- The Service Agreement for the provision of a User Account authorising the use of the Application functions upon meeting the conditions set forth in the Regulations is concluded for a definite period defined as the Subscription Period. The Agreement may be terminated in accordance with the rules set forth in the Regulations, effectively at the end of the Subscription Period.
- Subject to paragraph 4 mentioned below, the User as a consumer may withdraw from the Agreement for the provision of electronic services without giving any reason, by making an unambiguous statement to the Service Provider within 14 days from the conclusion of the Agreement. In order to meet this deadline it is sufficient to send a statement before its expiry (for example a letter sent by post to the address of the Service Provider or by e-mail to: firstname.lastname@example.org). Service Provider provides a model statement of withdrawal from the contract for provision of electronic services for use by the consumer;
- In the case of an effective withdrawal from the contract by the User, the contract is considered not concluded.
- In the case of a paid Service, the performance of which, at the express request of the User, was commenced before the end of withdrawal period, the User is obliged to pay for the Services rendered until the time of withdrawal. The payment amount is calculated in proportion to the scope of performance, taking into account the agreed price.
- The agreement for the provision of electronic services may be terminated at any time by agreement between the Service Provider and the User.
- The Service Provider has the right to terminate the contract immediately in the cases indicated in the Regulations, and also when:
- the User’s delay in payment is at least 3 days;
- the User abuses the Test Period by attempting to use it more than once;
- an unauthorized use of the Service occurs or there is reasonable cause to believe that such unauthorized use has occurred;
- the User has otherwise committed a material breach of the Regulations or committed a breach of Regulations repeatedly.
- In a situation where the provision of Services has become impossible for objectively justified reasons, the Service Provider shall be entitled to terminate the contract due to a change in the parameters of the Services.
- The User has the right to file a complaint in all matters relating to the provision of the Service.
- Complaints related to the provision of Services may be submitted by sending an e-mail to: email@example.com or in writing to the address of Service Provider stated above.
- The complaint should include data enabling contact with the complainant (name, surname, e-mail address, telephone number, address of residence) and a description of the problem giving rise to the complaint.
- Complaints are investigated within 14 days from their receipt by the Service Provider. A reply to the complaint is to be sent to the e-mail address provided by the complainant or in any other way indicated by him.
- The User has the possibility of using out-of-court complaint handling and claim investigation methods by applying to consumer organizations (Permanent Consumer Arbitration Courts, Municipal or District Consumer Ombudsman).
- Complaints on matters relating to the functioning of digital distribution platforms and third-party Payment Operators should also be submitted to the Service Provider on the principles described in Items 2 and 3 above. Service Provider should send any complaints to the entities indicated in the preceding sentence, which respond to the complaint themselves or through the Service Provider at the time and under the conditions described in the Terms (other documents) governing their operation accepted by the User.
PERSONAL DATA PROTECTION
- The use of the Service requires that the Application User provide personal data. In this case, failure to provide personal data, provision of false personal data, failure to give consent to the processing of personal data or withdrawal of consent to the processing of personal data may result in restriction of the possibility of using the Service.
- The Service Provider shall ensure the protection of personal data in accordance with the requirements set out in the mandatory provisions of law, including in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – Journal of Laws UE L 199 of 04.05.2016, p. 1) – hereinafter: RODO.
- The administrator of the personal data is: MASTER4U Maciej Stypka based in Katowice (40-123 Katowice, ul. Bolesława Czerwińskiego 6 lok. 316, mail: firstname.lastname@example.org, NIP 634-232-70-26, REGON 241080707).
- All issues related to personal data protection in connection with the operation of the Domain and the Wedding Website should be reported to the following e-mail address: email@example.com.
- These Regulations are made available free of charge through the website at https://app.wedding in a form that enables its downloading, recording and printing, as well as in the Application.
- These Regulations, as hereby amended, become effective on 01/05/2021.
- The User shall be informed of the content of amendments to the Regulations by e-mail to the address provided during User Account registration and by posting by the Service Provider the relevant information on the page containing the Regulations and the publication of the new content of the Regulations.
- Upon receipt of information about amendments to the Regulations, the User should read the amendments and subsequent logging into the Application will be tantamount to acceptance of the new content of the Regulations.
- The User’s declaration of non-acceptance of changes in the Regulations within 14 days from the date of receiving information about the new content of the Regulations, sent by him from the address, which he used to set up the User Account to the address: firstname.lastname@example.org shall cause termination of the agreement for provision of electronic services and removal of the User Account. In this case the Service Provider should settle the fees paid by the User in accordance with the principles described in §8.4 of the Regulations.
- In matters not regulated herein shall apply generally applicable provisions of Polish law, in particular Civil Code, Act on providing services by electronic means of 18 July 2002, the Consumer Rights Act of 30 May 2014 and other relevant provisions of universally applicable Polish law (choice of law).
- The choice of Polish law does not lead to depriving the User of the protection granted to him under provisions that cannot be excluded by agreement under the law of the country where the User has his habitual residence, provided that the Service Provider: (1) performs its commercial or professional activities in that country, (2) in any way directs such activity to that country or to several countries including that country, and the contract falls within the scope of that activity.
Additionally, such consent should be submitted for confirmation (this must be clearly distinguished):
I certify that:
- after the expiration of the Trial Period, the performance of the Service by the Service Provider shall take place at my explicit request until the expiration of the withdrawal period described in §8.2 of these Regulations;
- I am aware that submitting a statement of withdrawal described in §8.2 of the Regulations will result in the Recurring Payment for the first Subscription Period being calculated according to §8.4 of the Regulations in proportion to the Service Provider’s performance for that Subscription Period, taking into account the price agreed upon in the Regulations.