OREMUS TERMS OF SERVICE

This is an English translation provided for your convenience. The Polish version of these Terms, available at https://oremus.fm/pl/regulamin, is the binding one and prevails in case of any discrepancy.

§ 1. General provisions

These terms of service (hereinafter: the „Terms") set out the rules and conditions for using the „Oremus" application (hereinafter: the „Application") and the services provided by the Service Provider.
The Application provides recordings of Catholic prayers, including the Rosary with meditations, the Chaplet of Divine Mercy, the Stations of the Cross and morning and evening prayers, together with the ability to play them online and to save them for listening without an internet connection. It is intended for both consumers and businesses.
The Terms constitute the terms referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the „Act on the Provision of Services by Electronic Means").
The service provider is Damian Kamiński, conducting business under the name CC CODE Damian Kamiński (address of the fixed place of business: ul. Lilli Wenedy 15/30, 30-833 Kraków, Poland), entered in the Central Register and Information on Economic Activity kept by the minister responsible for economy, holding tax identification number (NIP): 6792950185 and statistical number (REGON): 381006639 (hereinafter: the „Service Provider").
The Service Provider can be contacted via:
1. electronic mail, at: [email protected],
2. postal mail, at: ul. Lilli Wenedy 15/30, 30-833 Kraków, Poland.
In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: the „DSA"), the Service Provider has designated a contact point for direct communication with the authorities of EU Member States, the European Commission, the European Board for Digital Services and Users of the Application in matters covered by the DSA. The contact point is available at: [email protected].
Before starting to use the Application, the User is obliged to read the Terms and the Privacy Policy.
Sales of the Paid Service on the website of the Application in a currency other than the Polish zloty are made by Stripe Payments Europe, Ltd., established in Ireland (hereinafter: „Stripe"), as the seller, in its own name and on its own account. The Service Provider remains the provider of the Service and the party responsible for providing it. Sales in Polish zloty are made by the Service Provider.

§ 2. Definitions

Capitalised terms used in the Terms have the following meaning:

Access Code, a code granting access to the Paid Service, purchased as part of a group purchase or provided by the Service Provider,
Access Period, the period for which the Service Provider makes the Paid Service available to the Customer in accordance with the Price List,
Account, a panel created in the IT system of the Application that allows the User to use its functionalities,
App Store, Google Play or the App Store, through which a Subscription to the Mobile Application can be purchased,
Consumer, a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity,
Consumer Rights Act, the Act of 30 May 2014 on Consumer Rights,
Customer, a client (Consumer or Entrepreneur) using the Application,
Fee, the fee paid by the Customer in exchange for the Paid Service, determined in accordance with the Price List in force at the time of ordering,
Free Service, access to the functionalities of the Application to the extent set out in § 4 of the Terms, not requiring payment of a Fee,
Lack of Conformity, a lack of conformity of the Service of using the Application with the Agreement on using the Application (the criteria for assessing conformity of the Service with the Agreement on its provision are set out in Article 43k(1-2) of the Consumer Rights Act),
Mobile Application, the version of the Application intended for mobile devices, available in the Google Play and App Store stores,
Paid Service, access to the full functionality of the Application in the variant selected from the Price List,
Price List, a document or information setting out the current price of the Service, the Access Period, the variant of its operation and other conditions indicated therein, available in the Application,
Privacy Policy, a document containing information on the processing of Users' personal data by the Service Provider, available at https://oremus.fm/privacy,
Recording, an audio work made available in the Application, in particular a prayer with meditations, together with the accompanying musical and visual layer,
Review, a Customer's review of the Application describing the Customer's experience of using the Service,
Service Provider, the term defined in § 1(4) of the Terms,
Subscription, a Paid Service that renews automatically for a further Access Period, purchased on the website of the Application or in an App Store,
Terms, the term defined in § 1(1) of the Terms,
Agreement, an agreement for the supply of digital content within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to supply the User with the Service of using the Application,
User, a person using the Application.

§ 3. Technical requirements, rules of use and security

In order for the User to properly use the services provided by the Service Provider through the Application, all of the following are required:
1. a connection to the Internet, subject to paragraph 2 below,
2. devices allowing the use of Internet resources and the playback of audio,
3. a current version of a web browser (Chrome, Firefox, Safari or Edge) or the Mobile Application installed on a device running Android or iOS,
4. an active electronic mail account.
The Mobile Application allows Recordings to be saved to the device's memory and played without an Internet connection. Saved Recordings remain available for the Access Period and require a periodic Internet connection in order to confirm the Customer's entitlement.
Within the Application, Users are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications automating processes, or other code, files or tools).
The Service Provider uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third parties from accessing data, including SSL encryption.
Despite the safeguards referred to in paragraph 4 above, using the Internet and services provided by electronic means may involve the risk of malicious software reaching the User's IT system and device, or of third parties gaining access to data held on that device. To minimise this risk, the Service Provider recommends using antivirus software or measures protecting identification on the Internet.
A User using the services provided by the Service Provider is obliged to provide only data (including personal data) that corresponds to the actual state of affairs. The Service Provider is not liable for the consequences of a User providing false or incomplete data.
The Customer declares that they:
1. have full capacity to enter into the Agreement, or enter into it with the consent of their statutory representative,
2. use the Application in accordance with applicable law.
The Account is assigned to a single User. Sharing login details with third parties and the use of one Account by more than one person are prohibited. The Service Provider is entitled to monitor the manner of use of the Account to the extent necessary to detect breaches of this provision.
The Customer acknowledges that the Recordings are of a devotional and formative character, that they do not constitute spiritual, psychological or medical advice, and that they do not replace pastoral care or professional help.
The Service Provider has the right to temporarily block access to the Service if it detects exceptionally high usage or has reasonable grounds to suspect that the Account is being used by more than one person.

§ 4. Free Service and Paid Service

Basic use of the Application is free of charge. Within the Free Service the Customer may play in full the Recordings made available by the Service Provider as free of charge, and listen to excerpts of the remaining Recordings.
Playing Recordings made available as free of charge does not require an Account. Downloading a Recording on the website of the Application requires an Account, including in respect of free Recordings.
The detailed scope of the Free Service and the Paid Service is set out in the Price List. The Service Provider may change the scope of the Free Service, informing Users of this in the Application.
The Paid Service covers access to all Recordings for the Access Period selected in accordance with the Price List, including the ability to save Recordings in the Mobile Application for listening without an Internet connection.
The Paid Service is available in a one-off variant, covering a single Access Period without automatic renewal, and in a Subscription variant, which renews automatically. The Customer chooses the variant before making payment.
The Service Provider may also make the Paid Service available through Access Codes purchased as part of a group purchase or provided by the Service Provider.

§ 5. Agreement for the supply of the Service

Under the Agreement, the Service Provider enables the Customer (to the extent resulting from the variant selected from the Price List) to use the functionalities of the Application.
In order to create an Account, the Customer should:
1. visit the website of the Application or launch the Mobile Application and select the sign-in option,
2. provide an electronic mail address,
3. confirm that they have read the Terms and the Privacy Policy and accept their provisions,
4. enter in the Application the one-time code sent to the electronic mail address provided.
Entering the code referred to in paragraph 2(4) above is equivalent to the Customer concluding a free Agreement covering the Free Service.
In order to obtain access to the Paid Service on the website of the Application, the Customer should select a variant from the Price List, either one-off or a Subscription, and then make payment through the payment operator Stripe. Crediting of the Fee is equivalent to concluding a paid Agreement on the terms described in the selected variant.
For purchases made in the Mobile Application, payment takes the form of a Subscription made through an App Store, in accordance with the rules applicable in that store.
A Customer who simultaneously holds access purchased on the website of the Application and a Subscription purchased in an App Store retains access to the Paid Service until the later of the dates resulting from those two titles. Termination of one of them does not shorten the Access Period paid for under the other.
The Service Provider informs, and the Customer acknowledges, that maintaining the conformity of the Service of using the Application with the Agreement on using the Application does not require installing its updates, although in the case of the Mobile Application, using the latest version may be necessary for certain functionalities to work correctly.
Paragraphs 9-13 below apply only to Customers who are Consumers or Entrepreneurs with Consumer rights.
If the Customer is not granted access to the Service immediately after the Agreement is concluded, the Customer shall call on the Service Provider to grant access to the Service without delay. The request may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms. If the Service Provider does not grant the Customer access to the Service immediately after receiving the request, the Customer may withdraw from the Agreement.
Irrespective of paragraph 9 above, if the Customer is not granted access to the Service, the Customer may withdraw from the Agreement without calling on the Service Provider to grant access, where at least one of the circumstances set out in Article 43j(5) of the Consumer Rights Act applies.
Irrespective of paragraphs 9-10 above, the Customer may terminate the Agreement by requesting deletion of the Account, by sending the relevant information to the address indicated in § 1(5)(1) of the Terms.
Withdrawal from the Agreement by the Customer or its termination, regardless of the basis, takes place by submitting to the Service Provider a statement of withdrawal from or termination of the Agreement. The statement may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms.
If the Customer breaches the provisions of the Terms and does not remedy that breach despite receiving a request to do so, the Service Provider may terminate the Agreement subject to a notice period of 7 (seven) days, by submitting to the Customer a statement of termination by electronic mail. After the notice period expires, the Service Provider shall cease supplying the Service. During the notice period the Service Provider may block the Customer's access to the Service if this is necessary to prevent further breaches by the Customer.
The Service Provider shall delete the Account immediately after receiving the statement referred to in paragraph 12 above, or after the notice period referred to in paragraph 13 above has expired.
Deletion of the Account does not automatically terminate a Subscription purchased in an App Store. Such a Subscription is managed by the Customer in the settings of their account in that store. A Subscription purchased on the website of the Application is terminated by the Service Provider together with the deletion of the Account.

§ 6. Fees, Subscription and Access Codes

The prices of services in the Price List are expressed in Polish zloty (PLN) or, for Customers outside Poland, in euro (EUR), US dollars (USD) or pounds sterling (GBP), and are gross amounts including the value added tax or sales tax applicable in the Customer's country.
Payments for a purchase on the website of the Application in Polish zloty are due to the Service Provider, and in any other currency are due to Stripe, which settles the tax applicable in the Customer's country. Payments for a purchase in an App Store are made through that store.
The Paid Service is available in the following variants:
1. a one-off purchase on the website of the Application, in which the Fee is paid once in advance for a single Access Period,
2. a Subscription on the website of the Application, handled by the payment operator Stripe,
3. a Subscription in an App Store, handled by Google or Apple.
The Access Period is 12 (twelve) months, unless the Price List provides otherwise. The billing period of a Subscription corresponds to the Access Period.
In the case of a one-off purchase, access does not renew automatically and does not require cancellation; after the Access Period expires, the Account returns to the scope of the Free Service.
In the case of a Subscription, the Fee is charged cyclically and the Subscription renews automatically for a further billing period until terminated by the Customer.
The Customer terminates a Subscription:
1. in the case of a Subscription purchased on the website of the Application, in the panel of their Account or by sending the relevant information to the address indicated in § 1(5)(1) of the Terms,
2. in the case of a Subscription purchased in an App Store, independently in the settings of their account in that store, no later than 24 hours before the end of the current billing period. The Service Provider has no technical means of terminating such a Subscription on the Customer's behalf.
Termination of a Subscription takes effect at the end of the billing period paid for. Until then, the Customer retains access to the Paid Service. The Fee for the current, commenced billing period is not refundable, subject to § 9 and to mandatory provisions of law.
The Service Provider informs the Customer of the upcoming automatic renewal of a Subscription purchased on the website of the Application, by electronic mail, no later than 7 (seven) days before the next Fee is charged.
The day of payment is deemed to be the day on which the Fee is credited to the Service Provider's bank account or on which confirmation of payment is received from the payment operator or the App Store. After the payment is credited, the Service Provider sends information about the grant of access to the Application to the Customer's electronic mail address.
The Service Provider issues an invoice at the Customer's request submitted to the address indicated in § 1(5)(1) of the Terms, within the time limit resulting from tax law. In the case of a Subscription purchased in an App Store, the accounting document is issued by Google or Apple respectively, in accordance with the rules of that store. For a purchase on the website of the Application in a currency other than the Polish zloty, the invoice or other accounting document is issued by Stripe and delivered to the e-mail address given at payment, without a request.
Access Codes are single-use and may be redeemed by one Customer. A code cannot be exchanged for money.
Changes to the prices indicated in the Price List are announced in the Application and do not constitute amendments to these Terms. A change to the Price List does not affect an Access Period already paid for by the Customer. In the case of a Subscription, the Service Provider informs the Customer of a price change by electronic mail no later than 30 (thirty) days before it takes effect, and the Customer may terminate the Subscription during that time with effect at the end of the current billing period.

§ 7. Complaints, Consumers and Entrepreneurs with Consumer rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
The Service supplied to the Customer by the Service Provider must be in conformity with the Agreement relating to it throughout the period of its supply.
The Service Provider is liable for a Lack of Conformity revealed during the period of supply of the Service.
Where a Lack of Conformity is revealed, the Customer may submit a complaint containing a demand to bring the Service into conformity with the Agreement on its supply.
A complaint is submitted by electronic mail to the address indicated in § 1(5)(1) of the Terms.
A complaint should contain:
1. the Customer's first name and surname,
2. an electronic mail address,
3. a description of the Lack of Conformity revealed,
4. a demand to bring the Service into conformity with the Agreement on its supply.
The Service Provider may refuse to bring the Service into conformity with the Agreement on its supply if this is impossible or would require the Service Provider to incur excessive costs.
After considering the complaint, the Service Provider provides the Customer with a response in which it:
1. upholds the complaint and indicates the planned date for bringing the Service into conformity with the Agreement on its supply,
2. refuses to bring the Service into conformity with the Agreement on its supply for the reasons indicated in paragraph 7 above,
3. rejects the complaint as unfounded.
The Service Provider responds to a complaint by electronic mail within 14 (fourteen) days of receiving it.
If the complaint is upheld, the Service Provider shall, at its own cost, bring the Service into conformity with the Agreement on its supply within a reasonable time from receipt of the complaint and without significant inconvenience to the Customer, taking into account the nature of the service and the purpose for which it is used.
Where a Lack of Conformity is revealed, the Customer may submit to the Service Provider a statement on a price reduction or on withdrawal from the Agreement where:
1. bringing the Service into conformity with the Agreement on its supply is impossible or requires excessive costs,
2. the Service Provider has not brought the Service into conformity with the Agreement on its supply in accordance with paragraph 10 above,
3. the Lack of Conformity persists even though the Service Provider has attempted to bring the Service into conformity with the Agreement on its supply,
4. the Lack of Conformity is so significant that it justifies withdrawal from the Agreement without first demanding that the Service Provider bring the Service into conformity with the Agreement,
5. it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not bring the Service into conformity with the Agreement on its supply within a reasonable time or without significant inconvenience to the Customer.
A statement of withdrawal from the Agreement may be submitted by electronic mail to the address indicated in § 1(5)(1) of the Terms and should contain:
1. the Customer's first name and surname,
2. an electronic mail address,
3. the date of supply of the Service,
4. a description of the Lack of Conformity,
5. an indication of the reason for the statement, selected from the reasons indicated in paragraph 11 above,
6. a statement on a price reduction together with the reduced price, or a statement of withdrawal from the Agreement.
Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of the Customer withdrawing from the Agreement on the supply of the Service, the Customer is obliged to cease using that Service and to cease making it available to third parties, including to delete Recordings saved in the memory of their device.
Complaints regarding payments made under a Subscription purchased in an App Store are considered by Google or Apple respectively, in accordance with the rules of that store. This does not exclude the Customer's rights against the Service Provider arising from a Lack of Conformity of the Service. Complaints regarding payments made on the website of the Application in Polish zloty are considered by the Service Provider, and in any other currency by Stripe as the seller. Such a complaint may also be submitted to the Service Provider, who promptly forwards it to Stripe.

§ 8. Complaints, Entrepreneurs

The provisions of this paragraph apply only to Entrepreneurs.
Where a lack of conformity of the Service with the Terms is revealed, the Customer may submit a complaint.
A complaint is submitted in writing or by electronic mail to the address indicated in § 1(5)(1) of the Terms, no later than 30 days from the day the lack of conformity is revealed.
A complaint should contain:
1. the Customer's name,
2. an electronic mail address,
3. a description of the lack of conformity of the Service with the Terms revealed.
The Service Provider may refuse to bring the Service into conformity with the Terms if this is impossible or would require the Service Provider to incur excessive costs.
The Service Provider responds to a complaint by electronic mail within 21 (twenty-one) days of receiving it. In particularly complex cases, the response time may be extended to 30 calendar days.

§ 9. Right of withdrawal from the Agreement

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
Pursuant to Article 27 et seq. of the Consumer Rights Act, the Customer has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days of its conclusion.
The Customer exercises the right of withdrawal from the Agreement by submitting to the Service Provider a statement of withdrawal from the Agreement. To meet the deadline it is sufficient to send the statement before the expiry of the period referred to in paragraph 2 above.
The statement of withdrawal from the Agreement may be submitted by the Customer in any form, in particular on the form constituting Annex 2 to the Consumer Rights Act.
Where a statement of withdrawal from the Agreement is submitted, the Service Provider shall promptly send the Customer confirmation of its receipt by electronic mail.
The Service Provider does not rely on the exclusion of the right of withdrawal provided for in Article 38(1)(13) of the Consumer Rights Act. The right of withdrawal is available to the Customer for the full 14 (fourteen) days even where the Customer has started using the Paid Service, played the Recordings or saved them to the memory of their device.
In the event of the Customer withdrawing from the Agreement for the supply of the Paid Service, the Service Provider shall refund the full payment made by the Customer without delay, and no later than within 14 days of receiving the statement of withdrawal, using the same means of payment as the Customer used.
Upon withdrawal from the Agreement, the Customer loses access to the Paid Service and is obliged to cease using the Recordings and to delete Recordings saved to the memory of their device.
In the case of a purchase made through an App Store, the refund is made in accordance with the rules applicable in that store.
For a purchase on the website of the Application in a currency other than the Polish zloty, the refund is made by Stripe as the seller. The statement of withdrawal from the Agreement may be submitted to the Service Provider in the manner set out in § 9(3). The Service Provider promptly forwards it to Stripe and instructs a refund of the entire payment; § 9(6) applies accordingly.

§ 10. Customer Reviews

The Customer may send the Service Provider Reviews concerning the services provided by the Service Provider.
A Review may be sent in any manner, including by electronic mail or through the functionality of an App Store.
Sending a Review does not oblige the Service Provider to publish it. A published Review may be removed by the Service Provider at any time.
By sending a Review, the Customer grants the Service Provider a free, non-exclusive licence to use it for the purpose of presenting the Application, without territorial or time limits.
It is prohibited to send Reviews of an unlawful character, in particular ones that infringe the personal rights of third parties, are offensive or misleading.
The Service Provider publishes only Reviews from persons who have used the Application, and does not publish false or sponsored Reviews.

§ 11. Liability

The Service Provider undertakes to provide the Services with due diligence. The Service is provided on an „as is" and „as available" basis, subject to mandatory provisions of law.
The Service Provider makes every effort to ensure that the content in the Application is consistent with the teaching of the Catholic Church and linguistically correct. The Recordings do not constitute official liturgical texts or documents of the Church and do not replace participation in the liturgy.
The Parties exclude the Service Provider's liability for lost profits of a Customer who is an Entrepreneur.
The Service Provider does not guarantee any particular level of performance, efficiency or usefulness of the Application in relation to the Customer's specific needs and uses.
The Service Provider may limit, modify or disable specific functionalities of the Application where this is necessary to ensure compliance with the law, decisions of supervisory authorities or guidelines of regulators, without incurring liability towards the Customer.
To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider is not liable towards Users for the consequences of:
1. Users using any services or functionalities available within the Application contrary to their intended purpose,
2. Users providing incorrect or untrue data,
3. the use of the credentials authorising access to the Account by third parties, where those persons came into possession of that data as a result of its disclosure by the User or of its insufficient protection.
To the extent permitted by the provisions of the Civil Code and the Consumer Rights Act, the Service Provider is not liable for disruptions in the operation of the Application resulting from:
1. force majeure, which is also deemed to include the unavailability of the APIs of key external service providers,
2. necessary maintenance work carried out in the Application,
3. reasons attributable to the User,
4. reasons beyond the Service Provider's control, in particular the actions of third parties for whom the Service Provider is not responsible.
The Service Provider undertakes to carry out the work referred to in paragraph 7(2) above in a manner that is as least burdensome for Users as possible and, where possible, to inform them in advance of planned work.
A Customer who is an Entrepreneur undertakes to release the Service Provider from liability and to cover all damages, costs and third-party claims arising in connection with use of the Application contrary to the Terms or with a breach of the law by the Customer.

§ 12. Intellectual property of the Service Provider

All components of the Application, in particular:
1. the name of the Application,
2. the logo of the Application,
3. the Recordings, including the narration, musical layer and text of the meditations,
4. illustrations, photographs and descriptions,
5. the principles of operation of the Application, all of its graphic elements, interface, software, source code and databases,
are protected by law under the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 on Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other generally applicable laws, including the law of the European Union.
The Service Provider grants the Customer a non-exclusive, non-transferable and non-assignable licence to use the Application and to play the Recordings solely for their own personal use, to the extent resulting from the selected access variant.
The licence does not include:
1. the right to modify, copy or decompile the Application,
2. the right to make the Application, the Recordings or the Account available to third parties,
3. the right to reproduce, distribute or publicly perform the Recordings, including during services, community meetings, broadcasts and on social media.
Public performance of the Recordings, including as part of pastoral or community activity, requires the prior written consent of the Service Provider. To obtain consent, please contact the Service Provider at the address indicated in § 1(5)(1) of the Terms.
It is prohibited to use the Application for the purpose of:
1. creating competing products,
2. testing, benchmarking or reverse engineering,
3. circumventing technical or licensing limits, including protection of the Recordings,
4. mass downloading of content in the Application, including by means of automated tools,
5. using the Recordings to train artificial intelligence or speech synthesis models.
The Service Provider is entitled to monitor the manner of use of the Application to the extent necessary to ensure security, prevent abuse and enforce the Terms.
Breach of the above rules entitles the Service Provider to suspend the Account immediately or to terminate the Agreement without notice.

§ 13. Out-of-court dispute resolution, Consumers and Entrepreneurs with Consumer rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
The Customer may use out-of-court means of handling complaints and pursuing claims.
Detailed information on the possibility of using out-of-court means of handling complaints and pursuing claims, and the rules of access to those procedures, are available at the offices and on the websites of:
1. district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection,
2. Voivodeship Inspectorates of the Trade Inspection,
3. the Office of Competition and Consumer Protection.

§ 14. Personal data

Information on the processing of personal data by the Service Provider is set out in the Privacy Policy available at: https://oremus.fm/privacy.

§ 15. Changes to the Service, Consumers and Entrepreneurs with Consumer rights

The provisions of this paragraph apply only to Consumers and Entrepreneurs with Consumer rights.
The Service Provider may change the Service where:
1. it is necessary to adapt the Service to newly emerging devices or software used by Users,
2. the Service Provider decides to improve the Service by adding new functionalities or modifying existing ones, including by adding new Recordings,
3. there is a legal obligation to make changes, including an obligation to adapt the Service to the current state of the law.
A change to the Service may not involve any costs for the Customer.
The Service Provider informs the Customer of a change made to the Service by placing a message about the changes in the Application. Independently, information about the change may be sent to Customers by electronic mail.
If a change to the Service will significantly and adversely affect access to the Service, the Service Provider is obliged to inform the Customer of:
1. the characteristics and date of the change, and
2. the Customer's right to terminate the Agreement with immediate effect within 30 (thirty) days of the change being made.
The Service Provider sends the information referred to in paragraph 5 above to the Customer by electronic mail no later than 7 (seven) days before the change is made.
Termination by the Customer of the Agreement under paragraph 5(2) above takes place by submitting to the Service Provider a statement of termination of the Agreement, which may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms.
In the event of termination of the Agreement under paragraph 5(2) above, the Service Provider shall refund to the Customer the part of the Fee corresponding to the unused Access Period.

§ 16. Amendments to the Terms

The Service Provider may amend the Terms, among others where:
1. the subject of the Service Provider's business changes,
2. the Service Provider starts to supply new services, modifies services supplied to date or ceases to supply them,
3. a technical modification of the Application is made that requires the provisions of the Terms to be adapted to it,
4. there is a legal obligation to make changes, including an obligation to adapt the Terms to the current state of the law.
The Customer will be informed of an amendment to the Terms by publication of the amended version in the Application. Independently, the amended version of the Terms will be sent to the Customer by electronic mail.
Agreements concluded before an amendment to the Terms are governed by the provisions of the Terms in force at the time.
A Customer who does not agree to an amendment to the Terms may terminate the Agreement with immediate effect within 10 (ten) days of receiving information about the amendment. Failure to terminate is deemed to constitute consent to the amendment.
Termination of the Agreement takes place by submitting to the Service Provider a statement of termination, which may be sent by electronic mail to the address indicated in § 1(5)(1) of the Terms.
Immediately after receiving the statement referred to in paragraph 5 above, the Service Provider shall delete the Account. Where the Agreement is terminated by a Customer using a Paid Service purchased on the website of the Application, the Service Provider shall refund the part of the Fee corresponding to the unused Access Period.

§ 17. Final provisions

The current version of the Terms is in force from 26 September 2026.
The Service Provider may transfer the rights and obligations arising from the Agreement to another entity as part of a restructuring, sale of the business or group of companies.
If any provision of the Terms proves to be invalid, the remaining provisions retain full force.
The Terms constitute the entire agreement between the Parties and supersede all prior arrangements.
Failure to enforce the provisions of the Terms does not constitute a waiver of the right to enforce them later.
The Terms are governed by Polish law. All disputes arising under these Terms will be resolved by amicable negotiation and, if no agreement is reached, before the common court having jurisdiction over the seat of the Service Provider. The preceding sentence does not apply to Customers who are Consumers.
Where the Terms are made available in other language versions, the Polish version is the binding one.
The provisions of the Terms do not infringe mandatory provisions of law applicable to the Consumer's place of residence.
Matters not governed by the Terms are subject to generally applicable Polish law.