TERMS OF USE OF THE APPLICATION

 

§ 1

Introduction

  1. These Rules and Regulations (hereinafter: Regulations) determine the terms and conditions of use of the mobile application Distinct (hereinafter referred to as 'Distinct').
  2. The service provider is  the company Distinct sp. z o.o. with its registered office in Krakow: (31-039) Kraków, ul. Józefa Dietla 50/12, entered into the Register of Companies of the (Polish) National Court Register  run by  the District Court for Kraków Śródmieście, XI Commercial Division, under KRS number 0000789708, NIP: 6762567033, REGON: 38358171500000, email: _________________, telephone _____________, fax _________________.

Prior to download and installation  of Distinct, each user is obliged to familiarise themselves and accept the Regulations, as well as to obey the stipulations of the Regulations while using the application.

 

§ 2

Definitions

Any capitalised words whose meaning has been defined below are to be understood in the following manner:

  1. Regulations - this document;
  2. Administrator - business entity  Distinct, i.e. company Distinct sp. z o.o. registered in Krakow, (31-039) Kraków, ul. Józefa Dietla 50/12, entered into the Register of Companies of the (Polish) National Court Register  run by  the District Court for Kraków Śródmieście, XI Commercial Division, under KRS number 0000789708, NIP: 6762567033, REGON: 38358171500000;
  3. Application (functionality of digital content) – software the rights to which are granted to the Administrator, and through which the Administrator provides the User  with the Services, including detailed in the Application paid services relying on access to additional functionalities; working on the particular type of Devices. The installation of the Application on the User's Device requires the User to accept the terms and conditions of use of the Application presented during the installation;
  4. Device - a device described in detail, having access to the Internet and meeting certain technical parameters, facilitating installation and use of the Application. Access to the Service in the Application  requires possession of a Device meeting the requirements listed in § 6 of the Regulation;
  5. User – a natural person over 16 years of age who will effectively set up an Account in the Application;
  6. Service in the Application – access to the functionalities of the Application, provided under the terms and conditions laid down in the Regulations;
  7. Data - any personal data given by Users to the Administrator during the registration and usage of the Service in the Application, in particular email address, name, picture, birth date and other data voluntarily sent by the User to the Administrator, by placing them in the Profile or using the 'feedback' option. Users bear full responsibility for the content of the Data provided and confirm that the Data provided are in compliance with the actual situation and give a distinct consent to process them in the process of providing the Service in the Application;
  8. Profile - set of information provided by the User while setting up an Account in the Application and in voluntarily and independently published by the User in the Application (including sensitive personal data, i.e. special categories of personal data concerning gender, sexual orientation, health condition, religion views, views on the world);
  9. Account– place in the Application available for the particular User after logging in, though which the
    User manages their data and modifies them, as well as takes actions to change particular functionalities related to the usage of the Application (e.g. activation and deactivation of Additional Paid Services, management of the data provided to the Administrator),
  10. User of Distinct Plus - User who has bought the Distinct Plus Package;
  11. Fee Package - functionalities in Distinct are available for all Users who registered an Account in Distinct in compliance with the Regulations, through which they gained for an unlimited period of time the status of User of Distinct;
  12. Distinct Plus Package -  functionalities in Distinct available to Users who for a limited period of time corresponding to the payment made are granted the status of a Distinct Plus User, which guarantees them access to additional functionalities of the Application listed in the Regulations;
  13. Subscription – fee paid by User for access to Distinct Plus Package, corresponding to selected period of access time to Distinct Plus Package functionalities;
  14. Additional Paid Services – additional functionalities of the Application laid down in § 10 of the Regulations which may be bought by Free Package Users and Distinct Plus Users;
  15. Categories – types and question groups concerning particular aspects of the User's life, according to which the questions are categorised;
  16. Content - content made available by the User in the Application.

 

§3

Functions and services.

  1. Through the Application Users are empowered to use the functionalities: questions concerning themselves, answering questions concerning other people, viewing the statistics on the answers given by themselves about other Users, presenting in the Profile their data, information and other content about themselves and from themselves, including their personal image contained in the photos uploaded to the Application, as well as use of other services of the Application (Additional Paid Services).
  2. In the case of services provided through the Application by third parties, on their own behalf and own account, determining the terms of providing such services is the responsibility of the third party which is the entity responsible for the services provided by them. Prior to it the Administrator must inform the User about the services by third parties in the Application, e.g. services of payment operators.
  3. All paid services in the Application are provided only at the explicit request of the User, and whose activation happens only after payment under the terms stipulated in the Regulations.
  4. Access to default services of the Application, i.e. services provided within the Free Package, is also fully granted to the Users of the Distinct Plus Package.
  5. Additional Paid Services are paid independently, may be bought at any time both by the Free Package Users and the Distinct Plus Package Users, and are available after making payment by the User, under the terms  stipulated in the Regulations.
  6. The beginning of use of a paid functionality, i.e. the Distinct Plus Package or Additional Paid Service (access to a paid functionality), means the request to provide the service  before the withdrawal deadline (14 days), which is synonymous to the loss of the right of withdrawal by the User from the agreement on the Package Plus or Addition Paid Service. If the User, after the payment is credited to the Administrator's bank account, does not start to use the paid functionality, they have the right to withdraw from the contract with 14 days pursuant to the Art. 38 Sec. 13 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827).
  7. The terms of withdrawal are stipulated in § 8 of the Regulations.
  8. Detailed terms of providing paid services by the Administrator, limited or unlimited period of time to provide particular paid services, as well as rules of ordering and resigning from paid services by the User are listed in detail in § 10.
  9. The range of access or range and manner of providing particular services in the Application may be, for important reasons (listed in 12 section 2), altered (extended or limited) by the Administrator, which also concerns the ability to add or remove particular services, with a reservation that the limitations will not concern relevant features of the services. The above may depend on the requirement for the User to meet additional conditions, according to special regulations contained in separate terms and conditions of particular services. The alterations do not violate the acquired rights of the User.
  10. The Administrator reserves the right  that, in the case of updating new versions of the Application resulting from changing technical and technological requirements, the range of the Services provided within the Free Package or Distinct Plus Package may be subject to change, with a reservation that the limitations will not concern relevant features of the services. The User shall be previously informed  about the changes.
  11. Updates – the Administrator shall inform the User about planned updates, including updates to the security which are necessary for maintaining the compliance of the content or digital service with the agreement. In the case the User does not install updates within a reasonable period of time,  despite having been informed about such an update and consequences of not updating the Application, the Administrator does not bear any responsibility for the Application's non-compliance with the Agreement within the range resulting from the lack of such updates.

§ 4

Conditions of access to the Service in the Application.

  1. The Application  constitutes an intellectual game in which Users answer questions concerning themselves, which are divided into various Categories. Then Users answer analogous questions concerning other Users, based only on their photos. Depending on the choice of the Free Package or Plus Package, Users may use various additional functionalities or certain Additional Paid Services.
  2. The User of the Application may be any natural person over 16 years of age who, after accepting the terms of the Regulations, will go through the registration process in the Application, resulting in successfully setting up an Account.
  3. The procedure of registering an Account requires the User to provide: an email address, to which an activation link will be sent; name, date of birth, gender, photo, and to answer 5 questions concerning their person.
  4. In order to register an Account, a User may do so using their Facebook login or their Google account. If they have chosen such an option of registration, the User authorises the Administrator to access and use:
  1. certain data collected on the Facebook account, including – among others – their public profile on Facebook,
  2. certain data collected on the Google account, including – among others – their e-mail address and Google profile,

In order to obtain more information on the data which are collected by the Administrator, and the manner they are used, it is necessary to become acquainted with the Distinct's  Privacy Policy.

  1. The User bears responsibility for keeping secret their login details which are used to register in the Application, and bears sole responsibility for any actions resulting from using the login credentials.
  2. In order to register an Account and become a User, as well as to use the resources of the Application, it is necessary to meet technical requirements determined in § 6 of the Regulations and having access to an active email account.
  3. The Procedure of registration and activation of an Account runs in stages through the email address and the Application, to which the User's actions described on each stage of the registration are necessary. The activation link is valid  _______________________.
  4. One person may only have one Account in the Application. It is forbidden to transfer the Account to other persons without the Administrator's explicit consent.
  5. The terms of processing the Data made available by the Users are laid down in the Privacy Policy.
  6. By running the registration process in the Application, resulting in setting up an Account, the User declares that:
  1. they have become familiar and accepted the contents of the Regulations,
  2. any data given by the User are transferred to the Application voluntarily and published by themselves (also including  voluntarily published sensitive personal data, i.e. special categories of personal data, e.g. concerning sexuality, sexual orientation, religious or political views, the User's world view or details on their health condition, data concerning addictions) and are aware that access to the data   may be granted to an unlimited group of the Application Users who will correctly answer particular questions. The above rules do not apply to the following data:
    • e-mail address,
    • password to the Account,
    • activation codes or any other confidential access details;
  1. acknowledges that the administrator will process the Data  given while registering the Account, as well as further edits to the Data in order to realise the contract concluded with the User, whose content constitutes these Regulations;
  2. The User is aware that the Data published by themselves, voluntarily, including the image in the uploaded photos and other information (including sensitive personal data, i.e. special categories of personal data, e.g. concerning sexuality, sexual orientation, religious or political views, the User's world view or details on their health condition, data concerning addictions) are processed by the Administrator in order to realise the Services in the Application, according to the Regulations, to which they have given their consent;
  1. The User is aware that Distinct Plus Users who will use the option to filter age or gender (which may constitute sensitive data) will be granted access to the information concerning the User, to which the User gives their consent.
  2. The User is aware that personal data from the Account may be processed  for marketing purpose of the Administrator (legitimate interest), to which the User may object.
  3. Sharing and publishing the Content by themselves in the Application, the User:
  1. declares that they are legally entitled (in particular  copyrights and the right to the image) to publish them in the Application and such actions will not violate in any way the rights of third parties;
  2. grants free unlimited by territory permission to use their image fixed in their photo uploaded to their Profile for the purpose of auto-marketing, informing, statistics and publishing in such media as the Internet, press, with a reservation to use the image without any negative context; this permission may be withdrawn by the User at any time;
  3. declares that they grant to the Administrator unlimited by time, free and non-exclusive licence to use, save and copy the Content made available by the User in any technique with the purpose to auto-promote, inform, provide statistics and publish in such media as the Internet, press, as well as they give their consent for the Administrator to grant permission to third parties to use the Content with such purposes, and also to exercise derivative copyrights to the Content (Art. 2 of the Act of 4 February 1994, (Journal of Laws of 7 July 2019);
  4. is obliged in the case of filing any claims to the Administrator by third parties concerning violation of any rights to the published Content, especially personal image of third parties, to provide a proper written statement which will indemnify the Administrator from any responsibility within this area, and also, if necessary, step up to replace the Administrator or  proceed with the case on their side as an intervener, reimbursing the Administrator on their demand for any expenses related to the court proceedings, including reimbursement of legal representation costs, legal advice and awarded damages.
  1. Duration of contract:
  1. regarding Free Package – the contract is continuous and  may be terminated by the User at any time, without giving reason, by uninstalling the Application from their Device,
  2. regarding Distinct Plus Package – the contract is concluded for the period corresponding to Subscription time (period selected and adequately remunerated by the User); Distinct Plus Package Services are provided until the end of the reference period;
  3. regarding Additional Paid Services – the contract is concluded for definite period of time of 6 months; Additional Paid Services are provided until the end of the reference period. After said period, the contract shall be automatically converted into continuous contract and may be terminated by the User at any time, without giving reason, by uninstalling the Application from their Device,
  1. Deleting the Account does not result in the User's claims to reimburse the payments made for activating the Distinct Plus Package and purchased Additional Paid Services.

 

§ 5

Usage of the Services in the Application.

  1. Trial game. Unregistered Users may use limited functionalities of the Application by trial use of the Application and answering questions concerning 5 Users – in order to continue the usage of the Application they must register.
  2. Users of the Free Package, after logging into their Account, may use all the functionalities of the Application except those explicitly reserved only for the Users of the Distinct Plus Package or as Additional Paid Services. Users are granted additional limited functionalities as follows:
  1. skipping a User's profile or a question – 1 in every 15 minutes,
  2. change of question category – 3 times in every 6 hours,

In order to unblock unlimited use of the above mentioned functionalities, the User must buy the Distinct Plus Package. The Administrator may change (limit or extend) additional functionalities in the Free Package out of important reasons listed in the Regulations, with a reservation for changes to relevant features of the service, especially such as the possibility to answer questions concerning themselves and other Users.

  1. The Plus Package Users may use, apart from all the functionalities available to the Free Package Users, additional functionalities like:
  1. possibility to filter  Users for age and gender,
  2. any number of skipping User profiles and questions concerning Users,
  3. no advertisements,
  4. change of question category,
  1. The data provided by the User to the Application during the registration process or editing the Profile may be moderated by the Administrator, which means that the Administrator may object to publishing them in the Application if the provided content or data violate Polish and international law acts and regulations, the content of the Regulations as well as good manners and moral rules.
  2. The photo must represent an up-to-date image of the User in a clear manner so as to allow their identification in current time reality (i.e. they may not be Users' photos presenting them as children). The photo may not be modified so as to create their caricature or add graphic overlays etc. resulting in an unclear image of the User. The photo must present only the User – it is not possible to publish a photo presenting more than one person.
  3. The Administrator has the right to delete the User's account if:
  1. The content published by the User in their Profile (photo or questions created by the User within the additional functionality “Wish questions”, which is listed in § 10 section 4 b) is of illegal character under Polish or international acts of law, the content of the Regulations, violates good manners or moral rules, especially: published contents of pornographic character, violating personal rights of other people, supporting radical social attitudes and propagating such views, including any form of discrimination (racial, ethnic, gender, religious),
  2. the User has more than one Account,
  3. the User uses the Application to perform commercial, advertising, promoting actions and presents to other Users unsolicited commercial information,
  4. the User undertakes actions through which they may harm other Users, the Administrator or third parties,
  5. the User's Account may be fake,
  6. the User undertakes actions that may even indirectly bear resemblance to interference with the structures of the Application to which such the User is not granted access, or by their actions they destabilise the performance of the Application, irrespective of the manner or techniques of the above unauthorised activities.
  1. Taking into consideration the correct performance of the Application as well as its technical conditionings, the Administrator reserves the right not to grant permission to publish a photo if it is larger than ________ MB or if the photo is of poor quality. The Administrator has the right to reject the publication of a photo which does not comply with the Regulations or delete the User's profile.
  2. Advertisements. The Application may contain technological solutions of third parties which allow to place marketing content in the Application. Within this process, the Administrator  or external authorised advertisers may collect standard data sent when the Device is connected to the Internet, including its IP address.
  3. Feedback. by sending suggestions or feedback to the Administrator (use of “Feedback” functionality), the User approves the usage of sharing of the feedback for any purpose without remuneration.

 

§ 6

Terms of Service in the Application and interoperability of digital content.

  1. Access and use of the Service in the Application is possible:
  1. for  Users of Devices with the Android OS (operating system), version ____________ and higher,
  2. for  Users of Devices with the iOS, version ______________and higher,
  3. only when connected to the Internet.
  1. The User of the Application is responsible for the quality of the technical Device, which they use to gain Access to the Services in the Application, including technical problems or limitations occurring in that Device (firewalls, antivirus software and others), and which may make for the User the Access to the Services in the Application difficult or impossible.
  2. Saving, copying or the User's interference with the content and materials places in the Application are forbidden.
  3. Due to the Internet's properties as well as of the Device used by the User, undisturbed and permanent access to the Application is not guaranteed.
  4. The User of the Application is aware that:
  1. using a Service in the Application  by Users in a manner non-compliant with the stipulations of the Regulations, especially with the system requirements, may cause malfunctioning of the application, errors and make it impossible to use the Application,
  2. possibilities of the Application's downtime due to technical reasons (e.g. maintenance, upgrades), for which the Administrator does not bear responsibility.
  1. In order to download the Application, the User must have access to a particular platform distributing applications, suitable for the type of the Device:
  1. Apple AppStore for the IOS;
  2. Google Play for Android.

 

§ 7

Complaints

  1. Each User of the Application  is entitled to file a complaint concerning cases related to the manner the Service functions in the Application.
  2. Complaints about the Application must be filed to the Administrator in the manner determined in the Regulations.
  3. Complaints must be filed electronically  to: _______________, or by post to: Distinct sp. z o.o. z siedzibą w Krakowie, (31-039) Kraków, ul. Józefa Dietla 50/12, with the note: “Distinct Reklamacja”.
  4. Complaints filed will be accordingly  considered by the panel for the service of the Application within 14 days from the date of the delivery of the complaint.
  5. In the case when consideration of the complaint:
  1. requires unusual, special actions and arrangements,
  2. is caused by a failure of the Device or the Internet,

the time for processing the complaint  may be longer.

  1. If further explanation from the User of the Application is necessary to consider the complaint, the time for processing it will be extended by the time needed for the Application User to provide the explanation.
  2. Complaints sent to the Administrator concerning services provided by third parties through the Application will be forwarded by the Administrator immediately to the particular third party entity, who is responsible for the particular service, which the User will be informed about.
  3. The Administrator reserves the right to interfere with the technical structure of the User's Account in order to diagnose any malfunctioning of the Application, as well as he may implement changes and interact with the technical side of the Account so as to modify it or restore the correct functioning of the Account itself or the Application.
  4. The response to the complaint shall be sent to the User within 7 days from the date of its consideration to the email address or postal address provided by the User in the complaint.
  5. The User being a consumer has a possibility to use out-of-court dispute resolution in front of subjects entitled to resolve consumer disputes, which are listed on the website:

https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php

including, among others, in the Permanent Consumer Arbitration Court at Voivoidship Inspector of Trade Inspection in Cracow (http://www.krakow.wiih.gov.pl/Content/Page/sad_konsumencki).

  1. The User being a consumer is also entitled to use the European Union Internet platform, available at the address:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL

  1. The Administrator agrees to participate in proceedings concerning out-of-court settlement of consumer disputes – contact at the email address of the Administrator listed in these Regulations.
  2. A claim may be processed by the arbitrate court only after the complaint proceedings have been finished and if both parties of the dispute agree to it. In other cases, any disputes will be subjected to proper court according to regulations in force, including stipulations of the Code of Civil Procedure.

 

§ 8

The right to withdrawal from the contract.

  1. The User has the right to withdraw from the contract for the Free Package, Distinct Plus Package or Additional Paid Services in the Application without giving a reason.
  2. The withdrawal from the contract for the Free Package, Distinct Plus Package or Additional Paid Services must occur within 14 days from the day of concluding the contract.
  3. The contract is deemed concluded at the moment of activating the Account within the Free Package, and in the case of the Distinct Plus Package of Additional Paid Services from the moment of payment confirmation by a particular payment operator. The information about receiving payment for the Distinct Plus Package or Additional Paid Services by the Administrator is sent to the User's email address provided for the Account immediately after receiving the payment. From that time on, the User may access the paid digital content.
  4. To exercise the right to withdraw from the contract it is necessary to send a clear message about withdrawal to the address below:

Distinct sp. z o.o. z siedzibą w Krakowie, ul Józefa Dietla 50/12, 31-039 Kraków

or by fax at:  ­­­­­­­______________________

or by email to: ______________________

based on the following formula:

I hereby inform about my withdrawal from the contract for providing digital content of the Distinct Plus Package/  Additional Paid Services in the application Distinct [here please list the additional paid services)

Date of concluding the contract:

Consumer's Name and surname:

Consumer's Address

Date:

Consumer's current e-mail address:

Consumer's signature [required only in the case of communicating by post of fax]

  1. Time limit to withdraw from the contract is considered observed if the User sends information about exercising their right to withdrawal from the contract before the time limit indicated in § 8 section 2. After receiving this information, the Administrator is to immediately  send confirmation of receipt of a message stating withdrawal by email to the address provided on the Account.
  2. Results of withdrawal from the contract: in the case of withdrawing from this contract the User will immediately be refunded the charge under the concluded contract, and in any case no later than 14 days from the day when the Administrator was informed about the withdrawal.
  3. Loss of the right to withdraw from the Contract, the Administrator informs that:
  1. in the case of the Service called Free  Package, the beginning of using functionalities of the Free Package by clicking the activation link sent to the email address provided at the moment of registering the Account  means that the User requests to use the Free Package service before the time limit to withdraw from the Contract along with the loss of the right to withdraw (which means that if the User wants to use the Service immediately, they understand that they will not be able to withdraw from it – under Article 38 pt 13. of the Act of 30 May 2014 on the rights of consumers (Journal of Laws 2019.134, i.e. 23 January 2019),
  2. in the case of the Service    Package Plus or Additional Paid Services, the beginning of using the functionalities of the Distinct Plus Package or Additional Paid Services means that the User requests to be served the Distinct Plus Package or Additional Paid Services before the end of the time limit to withdraw from the Contract along with the loss of the right to withdrawal, which means that after the payment, if the User wants to use the Service immediately, they understand that they will not be able to withdraw from it (under Article 38 pt 13. of the Act of 30 May 2014 on the rights of consumers (Journal of Laws 2019.134, i.e. 23 January 2019),
  3. the confirmation of concluding the contract for the Free Package or Distinct Plus Package and/or Additional Paid Services as well as information on the conditions of losing the right to withdrawal from the contract for providing digital content will be sent to the User by email.

 

§ 9

End user licence.

  1. The Administrator grants the User:
  1. free, non-exclusive,   non transferable, unlimited in time licence to use the Application within the Free Distinct Package.
  2. paid according to § 10  of the Regulations non-exclusive, non transferable, limited in time licence for the period of time stated in § 10 of the Regulations to use the Application within the Distinct Plus Package.
  3. paid according to § 10 of the Regulations, non-exclusive, non transferable, limited in time licence to use Additional Paid Services  in the Application,
  1. The User may use the Application by downloading it and installing on the Device and using it according to the purpose indicated in these Regulations.
  2. The User may use the Application  for personal non-commercial use only to entertain unless the stipulations of this Contract clearly allow another use.
  3. The User undertakes to use the Application only within the range determined in this Contract and in accordance with its intended use, as well as  undertakes:
  1. not to  multiply, modify, translate, decompile, de-assemble, change the layout and not to introduce any changes into the Application,
  2. not to grant any further licences, not to transfer their rights and duties related to the use of the Account to other entities.
  1. The Administrator states that he holds the copyrights to the Application, and this Contract does not transfer these rights to the User in any range.

 

§10

The Distinct Plus Package and Additional Paid Services.

  1. Registered Users have a possibility to buy the Distinct Plus Package by making a suitable payment (which may be paid monthly or yearly), as a result of which the User is granted access to functionalities of the Distinct Plus Package described in these Regulations (subject to provisions of section 2 below).
  2. The contract extension regarding Distinct Plus Package:
  1. may be concluded by an appropriate declaration in the form of  subsequent payment for further reference period corresponding to selected Subscription time;
  2. may be concluded automatically by selecting automatic payment option offered by payment operators. Termination of automatic contract extension shall be expressed in the form of appropriate declaration of contract termination send to e-mail address: ____________ or in writing, in the form of letter send to the following address:  Distinct sp. z o.o. registered in Krakow, (31-039) Kraków, ul. Józefa Dietla 50/12 – with a reservation that the contract shall be terminated after reference period corresponding to selected Subscription time.
  1. The Administrator reserves the right to extend the range of a particular Distinct Plus Package by additional services and preferences granted to the User of the Distinct Plus Package permanently or temporarily, the information will be available in a dedicated place in the Application or mailing sent to the User's email address provided in the Application.
  2. Users of the Free Package and Users of the Distinct Plus Package have a possibility to buy Additional Paid Services. 
  3. Additional Paid Services include:
  1. access statistics concerning answers of other Users about the User who bought Additional Paid Services,
  2. “Wish questions” - an option to create own questions along with answers by the User (then the User is granted free access to the statistics concerning the answers to those questions by other Users).
  1. The Administrator hereby informs that:
  1. statistics indicated in the 5. above shall be available after a minimum period of 24 hours after the purchase of Additional Paid Services due to the fact, that appropriate quantity of answers – regarding specific question-  of other Users shall be  gathered,
  2. there would be a certain margin of error in the statistics and therefore statistics may not be conclusive due to the possibility that amount of other User’s answers regarding specific question may not be sufficient enough to establish a comprehensive statistic or due to the possibility of responding without reflection or not accordingly to actual situation or due to the possible problems with the Application
  1. The Administrator reserves the right to extend/change the list  of range of Additional Paid Services. The changes do not violate the rights acquired by the User.
  2. Additional Paid Services are paid once and remain active for the period of time not shorter than 6 months from the date of purchase – the service remains active till the end of this period, after which it is provided indefinitely and free of charge, until the User or the Administrator deletes the Account  or the Administrator terminates providing the Service.
  3. Concerning the service indicated in § 10 section 54 b) “Wish questions”, the Administrator reserves the right to refuse to add to the Profile of the User the question they  have made if the question violates the stipulations of the Regulations or violates Polish or international acts of law, good manners and moral rules (including especially but not only any content of pornographic character, violating personal rights of other people, supporting radical social views or propagating such views, including any form of racial, ethnic, gender, religious  discrimination).
  4. Payments for the Distinct Plus Package or Additional Paid Services may be made only using the indicated methods of payment – the list of available payment methods is visible to the User in the Application (payment may be made by Apple Pay or Google Pay, the amount of the payment is visible in the Application before making the payment).
  5. Payments made by the User for access to the Distinct Plus Package or Additional Paid Services are non-refundable (subject to successful exercising by the User of the right to withdraw from the Contract, according to § 8).
  6. The User does not have right to request a refund of the payment made for the Distinct Plus Package or Additional Paid Service if they start using the Distinct Plus Package or Additional Paid Service, even if then they stop using the Distinct Plus Package or Additional Paid Service out of any reason or in the case the Account is deleted (by the User or Administrator in the cases indicated in these Regulations).

 

 § 11

Responsibility

  1. The Administrator does not bear any responsibility out of any reason for errors in performance or defects of the Application or its malfunctioning resulting from the reasons on the User's side or reasons not depending on the Administrator, which are listed below.
  2. The User is responsible for the Content given and published in the Application by the User, for their truthfulness, authenticity and reliability.
  3. The Administrator shall not share in any other way than the purpose of the Application or the range of voluntary consent given by the Users the information and data about the Users with third parties unless based on a legal basis requesting the Administrator to do so, or the consent of the User.
  4. The Administrator ascertains he will   make efforts to properly protect the information given by the User as well as to properly protect their Data, especially in the way indicated in the regulations on personal data protection.
  5. The Administrator shall make any efforts to cause the Application as well as all the services available through it to work permanently without disturbance, however the user has to be aware of a possibility of a breakdown independent of the Administrator, e.g. caused by incidents of force majeure or a prohibited interference by Users or third parties.
  6. The Administrator reserves the right to temporarily, completely or partially disable the Application in order to improve it, add services or run maintenance, after prior informing the Users of this fact by email or in the place dedicated to it in the Application, at a suitable time in advance. In this situation the User is not entitled to any financial claims  to the Administrator, including those on the base of  lack of access to Additional Paid Services during the time.
  7. The Administrator does not bear any responsibility for:
  1. breaking the securities of access to the User's profile by third parties through the means of sharing the password to the Account with third parties,
  2. download of the User's photos from the Application and using them by third parties.
  1. The Administrator does not have a possibility to block taking photos of the Application.
  2. The Service may contain advertisement and promotions offered by third parties as well as hyperlinks to other websites or resources. The Administrator does not bear responsibility for accessibility (or lack of accessibility) of such external websites or resources. If the User decides to interact with third parties made available through the Service, the relations of those websites with the User will be regulated by their conditions. The Administrator does not bear responsibility for the conditions or actions of third parties.
  3. Without the Administrator's written consent it is forbidden to copy, multiply or any to use in any other way both wholly or partially the information, data or other content and photos from the Application, excluding the cases of allowed use resulting from the act of law on copyrights and related rights (Journal of Laws of  1994 No. 24 item 83 with changes).
  4. The Administrator informs the Users that the Application may be subjected to downtime resulting from necessary maintenance works, modernisation, or service, as well as interferences of the Internet operation and force majeure activities.
  5. The Administrator informs that  the use of the Service in the Application may be related to standard risk connected with the usage of the Internet, dependent on the securities of the Device and the network which the User uses.
  6. The Administrator in the widest possible range allowed by acts of law does not grant guarantee of usefulness of the content placed in the Application by other entities and Users for a particular purpose or usage. In particular, the Administrator does not provide any statements or guarantees related to the accuracy, reliability, completeness, appropriateness and  quality of being up-to-date of  those contents, graphic signs, references or messages placed in the Application or relayed by the Application.
  7. The Administrator does not bear responsibility for the manner the User uses a Service in the Application, including especially for their interactions with other Users caused by the questions concerning their own person placed by the User and the information concerning the User voluntarily placed in the Profile.
  8. It is forbidden for the User to share in the freely available content in the Application (e.g. the photo uploaded to the Profile, “Wish questions”), information in any form prompting a way of direct communication with the User (telephone number, email address, contact data of an Internet communicator/messenger etc.), which also means that sharing any website links is forbidden – unless the Administrator explicitly agrees.
  9. Any comments, questions or information concerning the Application may be sent to the Administrator at the email address: ______________________________, or by post at the postal address: ________________________________________.

 

§ 12

Changes of the Regulations

  1. The Administrator reserves the right to change the Regulations for the following important reasons:
  1. due to changes in the acts of generally applicable law,
  2. in order fulfil a duty resulting from a final court decision or an administrative decision,
  3. for the reasons of security, including those aiming to disable the use of the Application in a way contrary to the law or these Regulations,
  4. implementing significant changes in the Application functions, including those related to technical or technological progress, with cases to expand the range of the Services provided, making new functionalities available or terminating existing Services or functionalities significantly changing the range of the Services provided.
  1. Changes will be published on a regular basis in the form of  consolidated text of the Regulations in the Application.
  2. After publishing on the main page of the Application or in other places serving this purpose in the Application, or in the mailing sent to Users information about planned changes to the Regulations,  the User shall immediately familiarise with the changes because logging to the Application after such an announcement is equal to accepting the new content of the Regulations by the User.
  3. In the case when the User does not accept the changes to the Regulations they should refrain from logging to the Application and immediately inform the Administrator about this decision by contacting with the Administrator at the address: ___________________.
  4. The statement about not accepting changes to the Regulations is followed by deleting the User's Account.