Introduction

  1. These Regulations provide general terms and conditions of providing the service Closer via the Internet domain closer.app or via mobile applications.
  2. The privacy policy constitutes an integral part hereof.
  3. The price list constitutes an integral part hereof.
  4. These Regulations are made in accordance to applicable law provisions, in particular the following:
    • Civil Code – Act of 23 April 1964 (Polish Journal of Laws of 1964, No. 16 item 93 as amended) (hereinafter referred to as the Civil Code)
    • Act of 18 July 2002 on providing services by electronic means (Polish Journal of Laws of 2002, No. 144, item 1204 as amended) (hereinafter referred to as the Act on Providing Services via Electronic Means);
    • Act of 4 February 1994 on copyright and related rights (uniform text: Polish Journal of Laws of 2006, No. 90, item 631 as amended) (hereinafter referred to as the Act on Copyright).
    • Act of 29 August 1997 on personal data protection (uniform text: Polish Journal of Laws of 2002, No. 101 item 926 as amended) (hereinafter referred to as the Act on Personal Data Protection).
  5. The terms used herein shall have the following meaning:
    • Application – software made available by the Service Provider as a service, via which a User may (i) conduct rich communication (chat, audio, video, cobrowsing, file upload) with own prospective or existing customers via a widget placed on User’s website, (ii) schedule online meetings with own customers, (iii) integrate with own backoffice systems via provided plugins and API / SDKs. Range of functionality of the Application available to a given User is dependent on a Plan selected by the User.
    • Price List – document available on the Website, providing amounts of fees for using Services included in the content of a given Plan. The Price List constitutes the offer to conclude the Agreement. Prices indicated in the Price List are binding until new prices are published in the Price List.
    • Personal Data – personal data within the meaning of the Act on Personal Data Protection.
    • Registration Form – electronic registration form enabling the creation of an Account and the registry of a User on the Website for the purpose of using the Services.
    • Password – individual sequence of characters selected by a User, whose purpose – together with Login – is to log in to the Account. A Password must consist of at least 8 characters and must contain at least one letter and one number.
    • Account – individual User’s Account, created by the Service Provider in relation to Registration, authorizing the User to use the Services provided by the Website.
    • Trial Account – individual User’s Account, created by the Service Provider in relation to Registration, authorizing the User to use the Services provided by the Website for 14 days from the Registration date.
    • Login – User’s electronic mail address, used together with the Password to log into the Account.
    • Newsletter – electronic bulletin containing information related to the Website activity (including commercial information) delivered to the User by electronic communication means. The above mentioned service is provided upon a User’s previous order, which may be ended by the User at any time.
    • Subscription Period – period during which paid Services are provided by the Service Provider to a User within the frame of a selected Plan.
    • Subscription Fee – remuneration for Services provided within the frame of a selected Plan. Subscription Fees are specified in the Price List.
    • Service – performance received by a User under an agreement for the provision of services concluded by the Parties, in particular consisting in making available to the User certain tools available within the Application. Types and scope of Services depend on a selected Plan.
    • Service Provider – Ratel sp. z o.o. with its headquarters at ul. 3 Maja 9, 30-062 Kraków, Poland, European Union entered in the register of business entities kept by the District Court for the Capital City of Kraków, XI Division of the National Court Registry under number 0000579921, with the share capital amounting to PLN 12.000, NIP [tax identification number] 6762494630, owner of the Website, providing services via the Website without simultaneous presence of the parties using telecommunication network.
    • Consumer – a natural person performing a legal deed not related directly to his/her business or professional activity.
    • Company – legal person or an organizational unit having no legal personality but having legal capacity
    • User – a natural person having full capacity for acts in law, who is representing a Company and who performed Registration and concluded with the Service Provider an Agreement allowing use of the Services upon payment.
    • Trial User – a natural person having full capacity for acts in law, who is representing a Company and who performed Registration and concluded with the Service Provider an Agreement allowing use of the Services free of charge for the period of 7 days.
    • Agreement – an agreement on providing services via electronic means whose subject is the Services specified in a given Package. The Agreement is concluded upon Registration.
    • Plan – Services selected by the User, provided to him/her by the Service Provider during a given Subscription Period.
    • User’s Panel – Application functionalities enabling the management of the Account (or Trial Account alternatively).
    • Payment – activity consisting of paying the price of the selected Package as provided in these Regulations.
    • Employee – a natural person authorized by a User to use the Application according to rights attributable to a User under the Agreement. Within the meaning of this definition only a natural person – having full capacity for acts in law, remaining in an employment relationship with the User or rendering services to the User under a non-employment contract – can be an Employee. The User shall be liable for Employees’ acts and omissions like for his/her own.
    • Regulations – these Regulations.
    • Registration – activity consisting in submitting appropriate data, including Personal Data, and filing an appropriate declaration of will, resulting in the conclusion of an Agreement and establishing an Account or a Trial Account.
    • Website – Closer website run by the Service Provider, available in the domain https://closer.app.
    • Business Website – website managed by the User, where the User may install the Application.
    • Party – the Service Provider or a User.
    • Parties – the Service Provider and a User.

 

General terms and conditions on providing services by electronic means

  1. The Services are provided by use of a tele-informatic system, ensuring processing and storing as well as sending and receiving data via telecommunication networks, in accordance with the Act on Providing Services via Electronic Means.
  2. Content of the Website is protected by law.
  3. The Website, the Application, and Services may be used only in accordance with rules and principles provided in these Regulations.
  4. Before performing the Registration, users should be acquainted with these Regulations, the Privacy Policy constituting an integral part hereof, and the Price list.
  5. In order to use the Website and the Application, the User should have a computer or a device with installed software allowing them to browse web pages and access the Internet with at least 1 Mbps download and upload speed. The Website and the Application may be accessed with the following browsers: Chrome version 64 or newer, Firefox version 58 or newer, Safari version 10 or newer, Mobile Safari version 10 or newer.
  6. In order to establish an Account it is necessary to have an active address of electronic mail (email).
  7. The User hereby acknowledges that the Service Provider is entitled to process Personal Data given by the User, within the scope necessary to perform the Agreement, and to process the Personal Data for other purposes, if the User has agreed to that.
  8. Names (including trade names), brands, descriptions or trademarks published on the Website’s pages are protected by law. They may be used only upon authorized parties’ written consent. Any violation of such rights by the User may result in legal sanctions, including indemnity claims of the authorized entities.
  9. The Service Provider provides its services in and out of the territory of the Republic of Poland.

General terms and conditions of using the Website

  1. Using the Services is allowed only for Users representing a Company and for purposes directly related to this Company’s business activity
  2. Using the Services is disallowed for Consumers
  3. Using the Services is payable, subject to opportunity for free-of-charge using the Services by a Trial User.
  4. Services may be used upon Registration.
  5. Using the Website the User should, in particular:
    1. observe these Regulations,
    2. use the Application only within the scope allowed by the  Agreement and the Regulations,
    3. refrain from any activities that may hinder or disturb operation of the Website or Application, and from activities that may hinder other Users’ use of the Service or Application,
    4. refrain from activities interfering or attempting to interfere in the Service or Application,
    5. refrain from any activities violating other Users’ rights.

 

Registration and execution of the Agreement

  1. Using the Services of the Website is possible only upon Registration.
  2. The User’s Registration is performed by completing the Registration Form available on the Website.
  3. The Registration Form’s obligatory fieldsare marked in the Registration Form.
  4. After the Form has been filled out and submitted, the Service Provider shall send to the User’s email address confirmation of performing the Registration along with information on creating the Trial Account. From that moment the User may use the Trial Account for 14 days. The User shall be entitled to use the Trial Account on a one-off basis, thus – after creating such a Trial Account – he/she shall be entitled to use such an account for maximum 14 days and shall not be entitled to open a Trial Account again.
  5. Upon completion of the Registration an Agreement for a definite period is concluded between the Parties.
  6. The Agreement for a definite period shall expire at the moment of lapse of the 14-day trial period, unless the User extends the possibility to use the Services by making payment for a selected Plan. In such an event making the payment results in converting the Agreement from the one concluded for a definite period into the one concluded for an indefinite period.
  7. The User hereby acknowledges that, by concluding an Agreement, he/she agrees to  the Service Provider’s access to data of his pages/profiles/accounts on Websites that may be managed/analyzed via the Application. The data indicated in the previous sentence shall be used by the Service Provider for the purposes of rendering Services. The Service Provider may also process and use the above mentioned data for the purposes of the Service Provider’s making and publishing studies and analyses regarding websites. Data used in such studies and analyses shall be anonymous, i.e. in particular they will be published with no indication of an entity they concern.
  8. As from the moment of expiry of the agreement for a definite period the User’s Trial Account may be removed from the Website.
  9. The User shall not be entitled to transfer rights and obligations under the Agreement concluded with the Service Provider without the Service Provider’s consent expressed in a written form, otherwise being null and void.

 

The User’s Account

  1. Via the Account a registered User uses the Application and other Services offered within the frame of a selected Plan.
  2. The User uses the Application and Services included in a chosen Plan during a given Subscription Period. In order to extend the possibility to use the Application the User is obligated to make a payment, as determined in these Regulations. 7 days before the lapse of the Subscription Period the Service Provider shall inform the User about the necessity to make a Payment conditioning possibility of continuous use of the Application.
  3. The scope of Services rendered within the scope of a given Plan is specified in the Price List available on the Website’s pages.
  4. The Service Provider hereby reserves the right to create individual Plans, where the scope of the Services shall be determined on the basis of arrangements between the User and the Service Provider.
  5. The Account enables every User to use the User’s panel to manage his/her Account.
  6. With the User’s Panel the User may use the Application’s functions (scope of available functions is dependent on a chosen Plan).
  7. Logging into the Account consists of submitting the Login and a Password. The Login and Password to the Account are confidential. In order to ensure proper protection of the Password the User should change it at least every month.
  8. Any violation of the Login’s or Password’s confidentiality should be mentioned by the User to the Service Provider immediately upon finding out about such a violation.
  9. If a Password is lost, the User may ask the Service Provider for a temporary Password allowing log-in to the Account. In order to obtain a temporary Password the User should use the  mechanism available on the Account login page. The new Password shall be sent to the User’s email address in the form of an activating link.
  10. It is prohibited to make one’s Account accessible to third parties, except for the User’s Employees. The possibility to extend access to the Account to the User’s Employees is dependent on the type of held Plan.
  11. A User who has a Plan allowing them to authorise an Employee to use the Application may do it in the User’s Panel in the tab Settings – Employees. As from the moment of the authorization the User’s Employee also has access to the Account, however, the Account’s administrator’s rights may be held only by the User who performed the Registration or by an Employee give Account’s administrator’s rights by a current Administrator.
  12. Via the Account, the User may perform any changes within the scope of all data entered by him/her and check at any time the scope of used Services provided within the frame of a selected Package.
  13. Provisions of this clause shall apply accordingly in the case of using the Trial Account by the User.

 

User’s Obligations

  1. The User is obligated to get acquainted with the rules and regulations of Websites which shall be managed/analyzed with the Application by the User.
  2. The Service Provider shall not be liable for content published on Websites by the User with the use of the Application.
  3. It is prohibited to publish on the Website and Websites content violating third parties’ rights, legal regulations if in force, community life principles, or good customs. In particular the following content shall be deemed as that  aforementioned:
    1. arousing or propagating racism, fanaticism, hatred or any type of harming any groups of people or individuals;
    2. persecuting or supporting persecution of other people;
    3. showing sexual abuse or violence against people or containing references to pornographic content;
    4. containing information causing or constituting a threat against any people’s privacy or safety;
    5. containing information promoting illegal activity  or behaviours, which are offending, constitute threats, are obscene, defaming, or libellous;
    6. violating third parties’ intellectual property rights;
    7. containing links to pages with limited access or accessible only after giving the password, or containing hidden pages or pictures (i.e. in unavailable form on other available page or not linked with such a page);
    8. promoting or supporting criminal activities or undertakings or containing illegal activity instruction, violation of another party’s privacy, enabling or creating computer viruses;
    9. containing trademarks or names owned by another party, where the User has not submitted a consent to use, issued by the entitled entity;
    10. violating or constituting an attempt to violate the rights of privacy protection or rights to use for commercial purposes, of personal interests, copyrights, trademarks protection rights, contractual rights or any other rights of any person;
    11. spreading propaganda and/or symbols of non-constitutional or illegal organizations.
  4. In the case of finding out that the User publishes on Websites the contentreferred to in clause 6.3 above, or performs activities hindering or destabilizing the operation of the Website, the Service Provider shall be entitled to immediately block the possibility to use the Services, including the Application, by the User which shall be mentioned to the User via email.
  5. In case of non-ceasing of activities referred to in clause 6.3 above, the Service Provider reserves the rights to terminate the Agreement with immediate effect, resulting in the Service Provider’s right to delete the Account, which shall be mentioned to the User via email. In case of the deletion of the Account due to the User’s actions, the User shall not have the right to receive reimbursement of the Subscription Fee. In the case of deletion of the Account due to the fault of a User who is also a Consumer, such a User shall not be entitled to receive reimbursement of a paid Subscription Fee for one unused Subscription Period in relation to the deletion of the Account (in such an event the Subscription Fees in excess of a one-month Subscription Fee shall be reimbursed to the Consumer).

 

Payment for Services

  1. In order to use the Services included in a given Plan, the User must make a Payment.
  2. The Service Provider may require that the User make payments for the Services in an automated manner, that is in particular by means of the Service Provider’s ability to draw payments without the User’s active involvement (e.g. drawing funds from the credit card indicated by the User).
  3. Automated payments are processed by Adyen BV with its headquarters at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
  4. By selecting automated payments the User agrees that the credit card account he provides may be charged periodically.
  5. In the case of a Trial Account, before the Agreement expiry period the User shall receive a message in the User’s Panel informing him of the possibility to make an automated Payment for the first Subscription Period. Making the successful Payment is the condition for continuance of services after ending the use of the Trial Account. Before performing the first Payment the Parties may modify the Plan in order to determine the scope of Services by the User’s individual needs.
  6. Payment for the Plan shall be made in advance. The User may pay in advance for more than one Subscription Period.
  7. The Subscription Period starts on the 8th day after  establishing the Trial Account unless a User makes the first Payment before that day. In such a case the Subscription Period starts on the day of the first successful Payment. If concluding the Agreement is not preceded by establishment of a Trial Account, the Subscription Period shall start  from the Registration Date. If a User is not entitled to use the Services after 7 days from the establishment of a Trial Account due to not paying, the Subscription Period shall commence as from the date of payment for the first Subscription Period. The Subscription Period lasts for one month, i.e. the Subscription Period shall end at the date corresponding to the beginning date of the Subscription Period, and if there is no such date in the month when the Subscription Period ends – on the last day of that month.
    In case of Payment for more than one Subscription Period in advance, the Service Provider shall provide services throughout such number of Subscription Periods for which the User has paid.
  8. From the moment of successful Payment the User shall be authorized to use the Application and the Account during a given Subscription Period.
  9. In case of making an automated Payment, the date of the Payment receipt to the Service Provider from the automated Payments operator shall be deemed as the Payment date.
  10. The Service Provider shall bear no liability towards a User for delay in the commencement of the Services of a selected Plan, resulting from improper or incomplete submission of the User’s data enabling performance of the Payment.
  11. A User may change a Plan into another one at any time. Where a different Plan is the one of a higher price than the current one, using the Services included in the different Plan shall be possible from the date following the day of receipt of Payment for such Plan in the Service Provider’s account. Where change of a Plan consists of  changing into a cheaper Plan than the current one, the change shall take place from the next Subscription Period.
  12. Where change into a cheaper Plan than the current one concerns a User who is not a Consumer, such a User shall not receive the difference between the amount paid for the more expensive Plan and for a cheaper Plan notwithstanding the number of Subscription Periods paid for by the User.
  13. Where change into a cheaper Plan than the current one concerns a User who is a Consumer, such a User shall receive difference between the amount paid for more expensive Plan and for a cheaper Plan for the Subscription Periods following the one when the Plan was changed. That means that if a User being a Consumer has paid for one Subscription Period, the price difference shall not be reimbursed for this Subscription Period. However, if such a User paid for more than one Subscription Period, the price difference shall be reimbursed for Subscription Periods following the one when the change was made.
  14. In the event the Service Provider is obliged to reimburse any funds to the User, such reimbursement shall be effected by means of the same payment method that was used during a payment.
  15. The current Price List containing the specification of Services provided within the frame of available Plans is located on the Website. All Plans prices on the Website are presented in net amounts and in amounts including the goods and services tax (VAT).
  16. The Service Provider hereby reserves the right to change Plan prices specified in the Price List, which shall be notified on the Website. In order to avoid doubts, new payment rates shall not apply to Plans already paid for by the User. As from the moment of the lapse of the Subscription Period for which the Plan was purchased, the User may purchase the next Subscription Period or terminate the Agreement.
  17. In order to receive a VAT invoice, the User shall be obliged to submit the data necessary to issue an invoice, in particular the business name (name and surname in case of concluding the Agreement by a natural person not conducting business activity), address data and tax ID (NIP). The User hereby agrees to the  issuing, sending and enabling of invoices in electronic form.

 

Intellectual property rights

  1. The Application is a work within the meaning of the Act on Copyright. The User shall be entitled to use and manage the Application in accordance with these Regulations and the Agreement.
  2. A User shall not be entitled to use the Application in a different scope than that resulting from the Agreement and Regulations. The above limitation shall not affect the User’s right to use the Application in the scope resulting from absolutely binding law provisions.
  3. Under the Agreement, the Service provider grants to the User a payable, non-exclusive, non-transferable, limited to the Subscription Period, license to use the Application, including its updates and new versions, without the right to sublicense the Application, in the following exploitation fields:
    1. using the Application by the User (or persons authorised by the User, if a given Agreement gives such right to him/her) on computers or other similar devices held by the User, via the Internet, in a time and place selected by the User.
  4. Using the Application cannot exceed the scope referred to in the Regulations and the Agreement, notwithstanding technical abilities to use the Application in a different way. Using the Application shall be possible only with the use of tools provided for that purpose by the Service Provider and within the scope those tools enable. The User shall not be entitled to:
    1. make any modifications to the Application,
    2. attempt to decompile or reverse engineer any software contained in the Application,
    3. remove any copyright or other proprietary notations from the Application,
    4. transfer the Application to another person or “clone” the Application.
  5. The User may use the Application only for the purpose of communicating with their own current and prospective customers. User confirms that they have rights to the content exchanged via the Application, especially files uploaded. The aforementioned regards also using the Application with a Trial Account.
  6. The User shall be entitled, notwithstanding the used technical measures, neither to allow third parties to use the Application (excluding situations where such rights expressly appear from the Agreement), nor to use the Application for any third-party purposes other than determined in clause 8.5 above.
  7. The User shall not have right to change or remove information on copyrights or other intellectual property rights from the Website or the Application.
  8. The User hereby acknowledges that even small modifications of the Application may cause significant, unpredictable disturbances in its functioning. The User shall be liable for any modifications of the Application made by him/her or by person(s) used by the User for this purpose.
  9. Any use of the Application in excess of the scope referred to in these Regulations shall require express Service Provider’s consent made in written or  electronic form, otherwise being null and void.
  10. As regards a User who is not a Consumer, performing the Registration means granting the Service Provider a consent to inform third parties about the fact that the User uses the Service Provider’s Services; including in particular granting the Service Provider consent to publish, without territorial limitations, including media, Internet, printing materials, audio and video, the User’s marks, such as, inter alia, the business name and trademark identifying the User or its goods or services.

 

Termination of the Agreement

  1. Parties may terminate an Agreement concluded for an indefinite period upon one-month termination notice with the effect at the end of current Subscription Period, by submission of a declaration via an option in the Application’s administrator panel or via email to the other Party’s address. If a User is a Consumer, the Service Provider may terminate an agreement for indefinite period as provided in a previous sentence due to important reasons, i.e. in case of:
    1. the Service Provider’s planning to limit the scope of provided Services or to cease providing the Services
    2. occurrence of factual or legal circumstances (including change of legal  provisions) resulting in material difficulties to provide the Services
    3. introduction, by the Service Provider’s contractors, of new terms and conditions of providing services, resulting in the Service Provider’s material difficulties to provide Services on current level or within current scope
    4. introduction of changes in Websites resulting in the Service Provider’s material difficulties to provide Services on current level or within current scope.
  2. Upon the termination of the Agreement the Service Provider shall be entitled to remove the User’s Account, including all data in the Application database. If the Agreement termination regards a Consumer, the Service Provider shall be entitled to perform the activities referred to in the first sentence of this clause after 14 days upon termination of the Agreement.
  3. In case of termination of the Agreement by a User before ending the Subscription Period for which the Subscription Payment has been made, the Service Provider shall not reimburse the Subscription Payment either in full or in part. In the case of termination of the Agreement by the Service Provider and in case of termination of the Agreement with a User being a Consumer, the Service Provider shall return to the User such part of the Subscription Fee that would be due for the period after the date of termination of the Agreement.
  4. The Service Provider may terminate the Agreement with immediate effect by declaration in electronic form to the User’s email address if the User:
    1. violated or violates provisions of the Regulations
    2. undertook or undertakes activities causing risk for data collected in the Website
    3. undertook or undertakes an attempt at unauthorized access to the Service
    4. performed or performs illegal activities via the Website
    5. acted or acts to the Service Provider’s detriment
    6. submitted untrue data during Registration
    7. violated or violates the Service Provider’s intellectual property rights, in particular the Service Provider’s proprietary copyrights
    8. violates rules (in particular bylaws) of using Websites
    9. has not made timely payments due to the Service Provider.
  5. Should circumstances referred to in clauses 9.4.1. – 9.4.7. regard a User being a Consumer, the Service Provider shall be entitled to terminate the Agreement upon 7-day notice. If the circumstances referred to in 9.4.8. regard a User being a Consumer, the Service Provider shall be entitled to terminate the Agreement upon 7-day notice, in the case the User has not transferred the payment despite a lapse of 7 days as from the date of receiving a call for the payment concerned.
  6. In the case of termination of the Agreement due to reasons referred to in clause 9.4 above before the end of the Subscription Period for which Subscription Fee was paid, the Service Provider shall not reimburse Subscription Fee in full or in part. In case of termination of the Agreement with a User being a Consumer, according to clause 9.5 above, the Service Provider shall return to the User such a part of paid Subscription Fee that would be due for the period after the date of termination of the Agreement.

 

Consumer’s withdrawal from the Agreement

  1. A User who is a Consumer may withdraw from the Agreement giving no reasons, upon a written statement within 10 days as from conclusion of the Agreement, subject to exceptions referred to in clause 10.2 below. Sending the declaration concerned before the lapse of the deadline shall be sufficient to meet the deadline concerned.
  2. However, a User being a Consumer shall not be entitled to withdraw from the Agreement concluded remotely in the following situations:
    1. provision of Services commenced, upon the Consumer’s consent, before lapse of the deadline referred to in clause 10.1 above,
    2. performances with characteristics determined by the Consumer in an order submitted by the Consumer or performances strictly and personally connected to the Consumer,
    3. performances that – due to their character – cannot be returned, or subjects of which are spoiled fast.

Information on particular risks related to using the service provided by electronic means

  1. Using the Website, Application, and Services takes place via the Internet, which is related to risks arising while using the internet.
  2. Risks related to using internet consist in, inter alia, in the possibility to introduce to a device connected to the Internet any software that may cause detriment, such as, among other things, “viruses”, “worms” and “Trojans”. In relation to the above it is recommended for a User to have up-to-date software counteracting such risks, such as anti-virus software and software protecting devices from third parties’ unauthorized access (so called “firewall”).
  3. Risks are also caused by the activities of third parties attempting to gain unauthorized access to devices and data without the User’s knowledge and contrary to his/her intent. In order to prevent such activities it is recommended to keep the Password, making access to the Account strictly confidential.

Complaints

  1. A User is entitled to submit complaints regarding provided Services. The Complaint may be submitted in a written form to the Service Provider’s address indicated in clause 1.5.14. of the Regulations or in an electronic form to the Service Provider’s email address hello@closer.app.
  2. In a complaint the User should specify the reason for the complaint and the scope of activities the User expects from the Service Provider.
  3. Complaints shall be considered within 21 days from the date of receipt by the Service Provider. The Service Provider shall inform the User about settlement of the complaint by sending an email message to the User’s email address, and – if such means of informing is impossible – to the User’s postal address.
  4. In the case of recognizing the complaint the Service Provider shall perform activities aimed at remedying the state constituting base for the complaint or shall explain the reasons for refusal to recognize the complaint.

 

Exemptions from liability

  1. The Service Provider hereby reserves that the Website, Application and Services may be temporarily unavailable in relation to necessity to take technical activities regarding software or equipment, such as, e.g. updating, maintaining, review, exchange.
  2. Where interruption or temporary suspension of the Website, Application or Services availability are predictable, the Service Provider shall inform Users on such occurring in advance, in the Service’s main page.
  3. As regards Users who are not Consumers, the Service Provider shall not bear liability for non-performance or improper performance of obligations due to reasons not attributable to the Service Provider. In respect to Users who are not Consumers, the Service Provider’s liability for non-performance or improper performance of obligations shall be limited to actual damage, however not exceeding three times Service Provider’s average monthly average remuneration received from the User during the year when the damage took place.

 

Modifications of the Regulations

  1. The Service provider hereby reserves the right to introduce amendments to the Regulations due to important reasons upon previous notification of the Users, 7days in advance. The amendments shall enter into force after 7 days from the date of notifying the Users, however an appendix introducing the amendments may provide longer term of entering particular amendments into force. The following provisions shall apply in respect to amendments:
    1. An important reason shall mean, in particular:
      1. necessity to modify the Service Provider’s computer systems
      2. change of the Service’s or Application’s activity processes, including modification, extension, or the adding of new functionalities of the Website or Application
      3. modernization of the Website or Application
      4. adapting the Regulations, Website or Application to legal requirements, in particular to changes of law provisions
      5. reasonable reservations submitted by Users.
    2. Notifying Users on changing the Regulations shall be performed by sending to Users an email message containing the  appropriate information and uniform text of the amended Regulations, as well as by placing the appropriate information on  the Website and making available the uniform text of the amended Regulations on the Website.
    3. A User who does not agree to amendments of the Regulations shall be entitled to terminate the Agreement within 7 days  from receiving an email on amendment to the Regulations. The User many submit a notification on termination in electronic form, sending such message by email to the address: hello@closer.app or in written form, by sending notification on termination by post or courier mail to the Service Provider’s address. In case of the User’s submitting termination notice, termination shall be effective as at the moment of delivery of the notice to the Service Provider.
    4. As regards Users who perform Registration during the period between the Regulations amendments’ publication and entering into force, during that period current provisions of the Regulations shall apply, and from the moment of entering the amendments into force – provisions of the amended Regulations. At the registration stage such Users shall be required to give their consent to introduce modification of the Regulations. Due to the aforementioned reasons the users shall not receive separate email notifications on introducing amendments; moreover, in respect to such Users no right to terminate the agreement because of introducing the amendments shall apply.

 

Final provisions

  1. These Regulations and Agreement are governed by the laws of the Republic of Poland.
  2. Issues not regulated in these Regulations shall be governed by appropriate law provisions of the Republic of Poland, in particular provisions of the Civil Code, Act on Providing Services via Electronic Means, Act on Copyright, Act on Personal Data Protection and Act of 2 march 2000 on Protection of Certain Consumers’ Rights and on Liability for Damage Caused by a Dangerous Product (uniform text: Polish Journal of Laws of 2012, item 1225).
  3. Provisions of clauses 15.1 and 15.2 above shall be applicable only within such a scope, as choosing of the law of the Republic of Poland is legally permitted in a given case. Provisions of clauses 15.1 and 15.2 above, as well as other provisions of these Regulations shall not violate provisions of different countries than the Republic of Poland, if contractual excluding thereof is impossible (which may concern in particular provisions aimed to protect consumers). The preceding sentence shall not apply if in a given case it is permitted to exclude also such provisions of different countries because of choosing the law system according to clauses 15.1 and 15.2 above.
  4. Any disputes between the Parties, including in particular disputes regarding application, interpretation, non-performance or improper performance of Agreements shall be subject to Polish Courts’ jurisdiction. Any and all disputes between the Service Provider and a User who is not a Consumer, in particular disputes regarding the application, interpretation, non-performance or improper performance of Agreements shall be settled by the Court appropriate for the Service Provider’s business seat and its address.
  5. Provisions of clause 15.4 above shall be applied only to the extent in which an agreement submitting disputes to the jurisdiction of Polish courts or – appropriately – agreement on submission of disputes to courts appropriate for the Service Provider’s business seat is allowed in a given case. Provisions of clause 15.4 above shall not violate law provisions otherwise determining jurisdiction or – appropriately – court’s local competence, if such provisions cannot be exempted under the clause 15.4 above.
  6. If these Regulations are made also in a non-Polish version, in case of discrepancies between different language versions the Polish version shall prevail.
  7. As regards legal relationships between the Service Provider and the User, using the User’s contractual patterns shall be exempted (it regards in particular general conditions of agreements, contractual patterns, regulations etc.).
  8. These Regulations are available on the page https://closer.app. A User may also download the content of the Regulations from the abovementioned page and save it on the User’s data carrier.