Terms and conditions of the Wiphly mobile app

§1

General provisions

These Terms and Conditions (hereinafter: “Terms and Conditions”) set forth the rules for the use of the Wiphly mobile application, as well as the provision of electronic services through it. Use of the Application is conditional on acceptance of these Regulations, which is tantamount to the conclusion of an agreement for the provision of electronic services between the User and the Service Provider. The User shall accept the Terms and Conditions when starting the Application for the first time.
The Regulations describe the rules of providing electronic services by the Service Provider within the meaning of Article 8 of the Act of July 18, 2002 on the provision of electronic services. (i.e. Journal of Laws of 2019, item 123, 730 as amended).
Terms used in these Regulations have the meanings given below:
- Application – software under the name Wiphly provided by the Service Provider, installed in the memory of the Device;
- License – an agreement for the use of the Application, concluded under the conditions specified in Section II. Terms and Conditions between the Service Provider and the User upon installation of the Application, regulating the terms under which the User may use the Application;
- Partner – a third-party business entity to which the commercial information presented in the Application applies;
- RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation);
- Services – services provided electronically by the Service Provider through the Application, described in Section. V.1. of the Terms and Conditions;
- Service Provider, Administrator – CodeAgency.pl Sp. z o.o. with its registered office in Bydgoszcz, 18 Królowej Jadwigi Street, entered in the Register of Entrepreneurs under KRS: 0000725181, REGON 369798302, NIP 9671412160;
- Device – an electronic device that allows processing, receiving and sending data such as a smartphone or tablet;
- User – an individual who uses the Application;
The Services offered in the Application are provided 24 hours a day, 7 days a week, at the request of the User.
Downloading the Application from software-dedicated stores, as well as using most of the Services offered through it, is free of charge. In a situation where the use of a Service involves an obligation to make a payment, the User will be explicitly notified of this at the time of placing an order.
The Service Provider, in cooperation with various Partners, may provide Users with various services within the Application. The rules of providing services electronically within the framework of these sites are defined by the individual regulations of these sites. Use of the services offered requires reading and accepting the individual regulations. In the event of a contradiction between these Regulations and the regulations of the individual services, the provisions of the regulations of the individual services shall apply.
Due to the nature of the Services provided through the Application, consisting in particular of the provision of digital content to the User, the User who is a consumer is not entitled to withdraw from the agreement concluded with the Service Provider within 14 days, but has the right to terminate the agreement at any time.

§2.

Intellectual property

All rights to the Application, including its various functionalities, in whole and in parts, in particular to the textual, graphic, multimedia elements and elements of the software applications generating and operating the Application, including copyrights, related rights, industrial property rights and any derivative rights (licenses) required in a given situation are vested in the Service Provider.
Upon downloading the Application and acceptance of these Terms by the User, the Service Provider grants the User a non-exclusive license to use the Application in accordance with its intended purpose. The license is non-transferable and is granted for the duration of the User’s use of the Application in accordance with its intended purpose and in a manner consistent with these Terms and Conditions.
The license referred to in paragraph 2 above does not authorize the User to grant further licenses.
Transmission of the contents of the Application to third parties is allowed only by using the tools included in the Application and designed for this purpose.
The User shall not have the right to reproduce, sell or otherwise market or distribute the Application, in whole or in parts, in particular to transmit or make it available on computer systems and networks, mobile application distribution systems or any other ICT systems.
If the User violates the rules of use of the Application or the terms of the granted License, the Service Provider shall be entitled to block the User’s access to the Application and revoke the granted License to use the Application. The foregoing shall be without prejudice to the right of the Service Provider to take other appropriate and legally prescribed actions in connection with the violation.
The commercial information of the Partners published in the Application is derived from materials made available and distributed publicly and free of charge by the Partners or from submissions made by the Partners. The copyrights of the promotional materials provided by the Partners belong to those Partners, and all names or trademarks are used for informational purposes only.

§3.

Technical requirements and access rules

The application is available for Devices equipped with the appropriate version of iOS or Android and can be downloaded from a store offering applications dedicated to the respective system.
An active Internet connection is required for the launch and proper operation of the Application. The User shall cover the costs of data transmission required for the use of the Application on his/her own on the basis of agreements concluded with a telecommunications operator or other Internet provider.
In order to use some features of the App, it is necessary to activate access to the device’s camera, microphone, multimedia or location.
When the Application is first launched, the User gains access to an anonymous account assigned to the device number used. This account is effectively created upon acceptance of the Terms and Conditions.
At any time, the User may register his/her anonymous account in accordance with the registration procedure available in the Application.
Features of the Application are available only to Users who have registered an account.

§4.

Integration with other accounts

The User can integrate the Application with his/her account on a social network or another account on a portal providing the possibility of such integration. The Application shows a list of portals that allow such integration. The choice of portals providing the possibility of integration is at the discretion of the Service Provider, who reserves the right to make changes to the list referred to in the previous sentence.
Integration is a method of registering an anonymous user account and is completely voluntary.
Integration is possible under the condition of accepting the regulations of the portal giving the possibility of such integration, in particular, the rules contained therein for sharing content and user data, security rules and protection of the rights of others.

§5.

General rules for using applications

The basic services provided through the Application are:
- publishing audiovisual materials
- creating itineraries
- communication with users
- Basic services are an integral part of the Application, and therefore they cannot be turned off, the User can only decide not to use the feature.
As part of the development of the Application, additional functionalities may appear.
The use of the basic services of the Application is free of charge. Through the Application, the User has the opportunity to make a voluntary payment to the Service Provider. As a thank you, the Service Provider may provide the User with additional functionalities, having the nature of conveniences not affecting the scope of services provided.
Users are obliged to use the Application in a manner consistent with the applicable law, the Regulations, the License, the rules and regulations of the sites and stores from which the Application was taken, as well as the rules of social intercourse, including the general rules of use of the Internet and mobile applications, and respect for the rights of third parties and the Service Provider.

§6.

Service provider’s liability

The Service Provider carries out ongoing supervision of the technical functioning of the Application, ensuring the correctness of its operation. However, the Service Provider does not guarantee the constant availability of all features of the Application, as well as their flawless operation.
The User uses the Application voluntarily, at his/her own risk. The Service Provider’s liability for any damages arising in connection with the use of the Application, and in particular the lack of its functioning, as well as its malfunctioning, is excluded to the fullest extent permitted by law.
The Service Provider shall not be responsible for limitations or technical problems in the ICT systems used by the Users’ devices, which prevent or restrict the Users from using the Application and the Services offered through it. The Service Provider shall not be responsible for the quality, performance, accuracy of the Application that does not satisfy the User.
The operation of the Application may be interrupted for technical reasons, in particular due to the need for maintenance of the Application or operating systems. The Service Provider will inform about the planned interruption in the operation of the Application by posting an appropriate notice in the Application.
Provision of the Services may be interrupted in the event of inadequate connection quality, damage to or defects in telecommunications equipment, power systems, computer equipment, failure of the telecommunications network, power outages or any act of third parties during the transaction.
The Service Provider shall have the right to block access to the Application or individual Services in the event of any irregularities in the use of the Application, in particular the occurrence of circumstances that could expose the User or the Service Provider to harm. The Service Provider shall not be liable for the temporary suspension of access to the Application for the period of time necessary to remove the risks or irregularities that have occurred.
The Service Provider shall not be liable for the User’s use of the Application in a manner contrary to the provisions of the Terms and Conditions.

§7.

Processing of personal data

The administrator of the personal data is the Service Provider, i.e. CodeAgency.pl Sp. z o.o. with its registered office in Bydgoszcz, 18 Królowej Jadwigi Street, registered in the register of entrepreneurs under KRS: 0000725181, REGON 369798302, NIP 9671412160.
Provision of personal data is voluntary, but failure to do so will prevent you from using the various Application Services.
The Administrator processes Users’ personal data in compliance with the requirements of current legislation, in particular the RODO, the Act of May 10, 2018 on the protection of personal data, as well as the Act of July 18, 2002 on the provision of electronic services and the Act of July 16, 2004. Telecommunications Law.
The Administrator shall ensure the application of appropriate technical and organizational measures to ensure the security of the processed personal data, in particular to prevent access to them by unauthorized third parties, or their processing in violation of generally applicable laws, preventing the loss of personal data, their damage or destruction.
The rules for processing personal data are regulated in the Privacy Policy.

§8.

Ending the use of the application

The user has the right to terminate the contract for the provision of electronic services at any time, without giving reasons.
The termination statement must be submitted in writing in a message sent to support@codeagency.pl and is effective upon delivery to the Service Provider.
If the User violates the provisions of the Regulations, the Service Provider has the right to terminate the contract for the provision of electronic services with immediate effect.
Termination of the Agreement concluded between the User and the Service Provider results in the termination of the User’s account and loss of access to the Application.

§9.

Complaints

Any complaints related to the functioning of the Application and the provision of Services through it, as well as questions regarding the use of the Application, should be directed to the Service Provider at the e-mail address support@codeagency.pl.
The complaint should include in its content: the name and model of the mobile device, the current version of the ICT system installed on the device, a detailed description and the reason for the complaint. The answer to the complaint will be directed to the e-mail address from which it was received. If the complainant wishes the answer to the complaint to be delivered to a different email address, he should stipulate this in the body of the message.
Within 14 days of its receipt, the Service Provider shall consider the complaint and inform the User of the result of its consideration. If the data or information provided in the complaint needs to be supplemented, the Service Provider will ask the User to supplement it before considering the complaint. The time for the User to provide additional explanations may extend the period of consideration of the complaint.
The User’s use of out-of-court means of handling complaints and claims is voluntary.
Detailed information on the possibility for the User, who is a consumer, to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures are available at the offices and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses
- https://www.uokik.gov.pl/spory_konsumenckie.php,
- https://www.uokik.gov.pl/sprawy_indywidualne.php,
- https://www.uokik.gov.pl/wazne_adresy.php
The User, who is a consumer, may obtain free assistance in resolving a dispute between the User and the Service Provider, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Federation of Consumers, the Association of Polish Consumers).

§10.

Amendment and access to regulations

If the Terms and Conditions are changed, the Service Provider shall inform Users of the change in the Terms and Conditions at the start of the Application, displaying the content of the amended Terms and Conditions and asking Users to declare that they have read the new Terms and Conditions and accept their provisions.
If the User does not agree to the change in the Regulations, he/she has the right to terminate the contract for provision of services by electronic means. The contract for provision of services by electronic means shall be terminated as soon as the Service Provider receives information about the User’s termination of the contract. Upon receipt of the termination notice, the Service Provider will immediately delete the User’s account.
If you do not accept the changes to the Terms of Use, you may not use the Application under the existing terms.
The Service Provider shall provide access to the current content of the Terms and Conditions through the Application and on the website www.jakwydaje.pl/regulamin in such a way that it can be downloaded, recorded and printed free of charge.

§11.

Final provisions

In matters not regulated by the Regulations, the relevant provisions of Polish law shall apply.
Annulment of any of the provisions of the Regulations does not affect the validity of the remaining provisions. If any part of the Terms and Conditions is declared invalid, the Service Provider will update it, of which it will inform the Users.
Any disputes arising between the Service Provider and the Users will be settled amicably, and if no agreement can be reached, the dispute will be resolved by a common court with jurisdiction over the Service Provider’s headquarters.