Terms of Service for the Website of GreatUP sp. z o.o.

1. Internet Service/Service Provider – the internet service available at the address of this website, which is also the Service Provider. The owner of the Internet Service is GreatUP sp. z o.o., registered in the National Court Register under KRS number 0001063858, with Tax Identification Number (NIP) 5252976387, REGON 52667885800000, headquartered in Warsaw (00-203) at Bonifraterska 17.

2. Owner's Address – whenever the Regulation mentions the Owner's address, it refers to the following data:
a) registered office: 00-203 Warsaw, ul. Bonifraterska 17
b) email address: info@greatup.pl
c) Tel. +48572772242

3. User/Service Recipient – a natural person who has reached the age of 18 and has full legal capacity, and in cases provided for by universally applicable provisions, also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality, which is granted legal capacity by law, who has entered into or intends to enter into an agreement with the Internet Service.

4. Consumer – Art. 221 of the Civil Code: a natural person entering into a legal transaction with the Internet Service not directly related to its business or professional activity.

5. Distance Contract – means a contract concluded between the Internet Service and the User within the organized procedure of concluding distance contracts, without the necessity for both parties to the contract to be present in one place and time, concluded using one or more means of communication at a distance until the conclusion of the contract inclusive.

6. Service – a service provided electronically and in-person by the Service Provider to the Service Recipient (Customer) through this Internet Service, i.e., providing the customer with the opportunity to leave their contact details/contact for the purpose of concluding a contract for the provision of a specific service, as well as knowledge base and the so-called virtual business card.

7. Consumer Rights Act, Act – Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).

8. Digital content - data produced and delivered in digital form, in particular, created websites, content on those websites, and others.

9. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

1. The Internet Service hereby declares that it undertakes to provide services to the Service Recipient in a reliable and law-abiding manner, in accordance with the principles of social coexistence and in a manner regulated in this Regulation.

2. The Service Provider declares that, in connection with the entry into force of a legal regulation throughout Europe (transposing Directive (EU) 2019/2161 into national law) concerning opinions: entrepreneurs who provide opinions must inform whether and how it was ensured that the published opinions come from consumers using the services of the entrepreneur. The measures taken for this purpose must be specifically listed.

3. We declare that the opinions posted on our website come from real customers. The opinions were issued in accordance with the request sent to them after confirming the provision of the service. We anticipate the possibility of importing opinions posted in the Google tab in the business card section of our company.

4. The mandatory legal bases for the above regulations are:
a) Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019 amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC, and 2011/83/EU with regard to better enforcement and modernization of Union consumer protection rules, OJ L 328, 18.12.2019, pp. 7–28.
b) "Falsifying Online Reviews – Consumer Experiences," based on a study by PBS Sp. z o.o. commissioned by the Office of Competition and Consumer Protection (UOKiK), publication available at https://uokik.gov.pl/aktualnosci.php?news_id=17411
c) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC, and 2002/65/EC of the European Parliament and of the Council, and Regulation (EC) No 2006/2004 of the European Parliament and of the Council ("Unfair Commercial Practices Directive") (OJ L 149, 11.6.2005, pp. 22–39, as amended).
d) Commission Notice – Guidelines on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 1–129.

5. The website declares that it adheres to all required principles of personal data protection for Service Recipients as provided for, among others, by the Act of 10 May 2018 on the protection of personal data and in accordance with the provisions of the GDPR. The Service Recipient consents to the collection, storage, and processing of personal data by the website solely for purposes directly related to the service's tasks. Detailed terms of collecting, processing, and protecting personal data by the website are specified in the "Privacy Policy" of the website.

6. The User has the opportunity to familiarize themselves with the Terms and Conditions by accepting its content by marking the appropriate field in the form. Acceptance of the provisions of the terms and conditions is necessary to use the website.

7. The data controller is the Service Provider, and this data is protected in accordance with the Personal Data Protection Act and the GDPR provisions.

8. The data controller applies appropriate technical and organizational measures to ensure the protection of personal data commensurate with the risks and categories of protected data. Primarily, it protects data from disclosure, seizure, processing, loss, alteration, damage, or destruction by unauthorized persons

9. Each person whose data is processed has the right to:
a) supervise and control the processing of personal data for which the website maintains a database of Users of the aforementioned website;
b) obtain exhaustive information about whether such a database exists and is maintained by the website;
c) determine who is the data controller, ascertain their address, registered office, name, in the case where the data controller is a natural person, determine their first and last name, and place of residence;
d) obtain information in a readily understandable form regarding the content of this data;
e) learn the source from which the data concerning them originates, unless the data controller is obliged to keep confidential classified information in this respect or maintain professional secrecy;
f) request the completion, updating, correction, temporary suspension, or deletion of personal data if it is incomplete, outdated, inaccurate, collected in violation of the law, or no longer necessary for the purpose for which it was collected.

10. The User is entitled, in accordance with point 9, to access the content of the processed personal data, to correct them, and to request their deletion. The personal data administrator is obliged to supplement, update, correct data, temporarily or permanently suspend processing, or delete them from the database immediately upon request, unless the request concerns personal data for which separate provisions of law, including statutes, determine the procedure for their supplementation, updating, or correction.

11. The Service Recipient consents to the collection and processing of personal data by the Website within the meaning of the Act of May 10, 2018, on the protection of personal data, and in accordance with the provisions of the GDPR. Data may be transferred to another entity only in situations required by law or necessary for the pursuit of claims.

12. The Service Recipient undertakes to use the Website in accordance with applicable laws and the principles of social coexistence.

13. The Service Recipient using the services of the Website is obliged to comply with this Regulation to the extent necessary to carry out the tasks of the Website and to the extent not inconsistent with applicable law and the principles of social coexistence.

14. The provisions concerning consumers (with the exception of Article 558 § 1, second sentence of the Civil Code) apply to a natural person entering into a contract directly related to their economic activity when it follows from the content of this contract that it does not have a professional character for this person, arising in particular from the subject matter of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

15. The verification of whether a particular activity has a professional character will be based on the CEIDG — Central Register and Information on Economic Activity — specifically on the codes of PKD indicating the types of economic activity.

16. Sole proprietors will have rights in the following areas:
a) Prohibited clauses used in contract templates;
b) Warranty for defects in the sold item;
c) Recourse claim to the previous seller in connection with the execution of a consumer complaint;
d) Right of withdrawal from a distance contract or off-premises contract within 14 days.

17. The provisions concerning consumers, contained in Article 385(1)-385(3) of the Civil Code [concerning unfair contract terms], apply to a natural person entering into a contract directly related to their economic activity when it follows from the content of this contract that it does not have a professional character for them, arising in particular from the subject matter of the economic activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

18. The new Article 385(5) of the Civil Code applies only to unfair contract terms (abusive clauses). The provisions on abusive clauses apply to sole proprietors after January 1, 2021. A list of twenty-three examples of abusive clauses is contained in Article 385(3) of the Civil Code. Meanwhile, in the current version, the register of abusive clauses is maintained by the President of the Office of Competition and Consumer Protection (UOKiK).

19. Sole proprietors conducting economic activity will still not be able to benefit from the assistance of institutions supporting consumers in protecting their rights, including the assistance of District/Municipal Consumer Ombudsmen or UOKiK.

1. This website provides services electronically.

2. The service specified in point 1 requires access to the Internet.

3. The website can be accessed 24 hours a day, 7 days a week. The website reserves the right to make technical breaks for the purpose of improving the functionality of the service and fixing errors.

4. In accordance with Article 8(2) of the GDPR, the administrator, taking into account available technology, makes reasonable efforts to verify whether the person exercising parental authority or guardianship over a child (under 16 years of age) has consented to or approved the processing.

5. Essential requirements for using the services of the website:
a) A device with access to the Internet,
b) An Internet browser that supports Cookies files, such as:
· Internet Explorer version 8.0 or newer with ActiveX, JavaScript, and Cookies enabled, or
· Mozilla Firefox version 22.0 or newer with Java applets, JavaScript, and cookies enabled, or
· Google Chrome version 28.0 or newer with Java applets, JavaScript, and cookies enabled, or
· Opera version 12.0 or newer with Java applets, JavaScript, and cookies enabled, or
· Apple Safari version 5.0 or newer with Java applets, JavaScript, and cookies enabled;
c) Access to an email service.

6. The costs associated with accessing the Internet and transmitting data are borne solely by the User in accordance with the tariff of their provider with whom the User has signed an agreement for the provision of Internet services.

1. The Service Recipient has the right to lodge complaints regarding the Services provided by the Service Provider within the scope of the Internet Service.

2. The entity authorized to handle complaints is the Service Provider.

3. Complaints should be sent to the address specified in paragraph 1 point 3 in written or electronic form (an email message with the subject line containing the word "complaint") and should include:
a) the subject of the complaint and the justification for the complaint, indication and description of necessary circumstances,
b) identification of the Service Recipient (name, surname, address, email address).

4. The above conditions are a mandatory requirement for the Service Provider to consider the complaint.

5. Complaints will be considered by the Service Provider within 14 days from their receipt. The Service Provider's decision regarding the complaint will be sent to the Service Recipient at the email address provided in the complaint or the address provided in the postal correspondence.

1. In accordance with the applicable law, the Customer, who is a Consumer according to Article 27 of the Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended) on Consumer Rights, has the right to withdraw from a distance contract without giving any reason.

2. The right to withdraw from the contract does not apply to the Customer in relation to contracts specified in Article 38 of the Act of May 30, 2014, on Consumer Rights, including in the following situations:
a) for the provision of services, if the entrepreneur has fully performed the service with the express consent of the Consumer, who has been informed before the provision begins that after the service is fully performed by the entrepreneur, the right to withdraw from the contract will be lost;
b) where the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the withdrawal period expires;
c) for the supply of goods made to the Consumer's specifications or clearly personalized;
d) for the supply of goods which are liable to deteriorate or expire rapidly;
e) for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
f) for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
g) for the provision of accommodation services, transport of goods, car rental, catering, services related to leisure activities, entertainment events, sports.

1. The internet service provider is not liable for content (both verbal and graphic) provided by Users. In the event of claims by third parties related to the infringement of copyright, related rights, or other rights vested in them, the Service will promptly direct them to the Service Recipient as the entity responsible for the content, and the Service Recipient will accept these claims and, in this respect, release the internet service provider from liability.

2. In accordance with the provisions of the law, the Creator whose personal copyright has been infringed or threatened primarily has the right to demand the cessation of this action and the restoration of the previous state. If the action that caused the infringement was intentional, the Creator may demand compensation for the harm suffered or the award of an appropriate amount of money for a specified social purpose.

3. By posting any content and making it available, the Service Recipient voluntarily disseminates it. The internet service provider is not a content provider and does not in any way identify with them; it is merely an entity that provides teleinformatics resources. The Service Recipient declares that:
a) they are authorized to use and share the content they post, including copyright, industrial property rights, or related rights;
b) the placement and sharing of personal data, images, and information concerning persons other than the Service Recipient have been carried out in accordance with the law, voluntarily, and with the consent of the owners of the content to which they relate;

4. The Service Recipient is not authorized to:
a) post personal data of third parties or disseminate images without the required permission or consent of the third party to whom the data relates;
b) post content of an advertising or promotional nature that is inconsistent with the purpose of the internet service.

5. The Service Recipient is prohibited from posting content:
a) with the intention of infringing the personal rights of third parties;
b) posted in bad faith or that could be considered as such;
c) infringing the rights of third parties, including copyrights, related rights, industrial property rights, trade secrets, or confidentiality clauses, especially those designated as secret or strictly confidential;
d) containing offensive or threatening statements directed at others, expressions commonly considered offensive (e.g., vulgarisms);
e) infringing the legitimate interests of the Service;
f) sending or posting unsolicited commercial information (spam) within the Internet Service;
g) violating good manners in any other way – for example, erotica, provisions of the applicable law, social or customary norms;
h) promoting Nazi, fascist, or related ideologies.

6. In the event of receiving a notification from a third party, authorized individual, or governmental authority, the Internet Service reserves the right to modify, provide the relevant content to the authorized authority, or remove the content posted by the Service Recipient if it is determined that they may constitute a violation of this Regulation or applicable laws. The Internet Service does not monitor posted content in real time.

7. The Service Provider makes every effort to ensure the proper functioning and availability of the Services 24 hours a day, but shall not be liable for any damages resulting from the improper functioning of the Services due to technical reasons.

8. The Internet Service also does not accept liability for any damages to devices using the service, device restarts, or data loss on the device.

9. The Service Provider does not provide services for archiving files, data, or information provided by the Service Recipient.

10. In the event of a breach of the Regulation by the Service Recipient, the Service Provider may suspend the provision of services or terminate the agreement with immediate effect by disabling/removing active services. In this situation, the Service Recipient is not entitled to a refund of any fees paid to the Service Provider.

11. The Service Provider reserves the right to:
a) Characteristics of the usability and capabilities of the Service, in particular the scope and type of Services and its functionalities;
b) Periodic shutdown of the Service, particularly related to its modification, maintenance, and repair;
c) Removal of the entire content from the servers of the Services or complete cessation of providing the Services for important reasons, after prior notification of Users on the Service's websites;
d) Ceasing to provide Services within the Service towards the Service Recipient who violates the provisions of the Regulation.

1. Information about out-of-court complaint and claim resolution methods, as well as access rules to these procedures, are made available at the offices and on the websites of district (municipal) Consumer Ombudsmen, social organizations responsible for consumer protection by statute, Provincial Inspectorates of Trade Inspection, and at the following addresses of the Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php, www.uokik.gov.pl/wazne_adresy.php, www.uokik.gov.pl/sprawy_indywidualne.php.

2. The Service Recipient has the following options for using out-of-court complaint and claim resolution methods:

3. Submitting a request to the Provincial Inspectorate of Trade Inspection for initiating mediation proceedings to amicably resolve the dispute.

4. Addressing the Permanent Consumer Arbitration Court operating at the Provincial Inspectorate of Trade Inspection with a request to settle the dispute arising from the concluded contract, address www.uokik.gov.pl/wazne_adresy.php.

5. Seeking free legal assistance, among others, from the Consumers' Federation - website address: www.federacjakonsumentow.org.pl.

6. Resolving cross-border disputes is facilitated by the Network of European Consumer Centres. Addresses of these institutions are available on the website of the European Consumer Centre www.konsument.gov.pl.

7. The Service Recipient can also use the online dispute resolution (ODR) platform, in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes). The ODR (online dispute resolution) platform is available at the electronic address: http://ec.europa.eu/consumers/odr/ European ODR platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.

8. The use of out-of-court complaint and claim resolution methods is voluntary and can only take place if both parties to the dispute, namely the Internet Service and the Service Recipient, agree to it.

1. The regulations and provisions in this paragraph 13 apply exclusively to Clients and Service Recipients who are not consumers (purchases made for professional purposes).

2. In the case of clients who are service recipients and not consumers at the same time, the service provider may terminate the agreement for the provision of Electronic Services with immediate effect, even without specifying reasons, provided that the service provider has sent the client a relevant statement.

3. The internet service informs that according to Article 558 § 1 of the Civil Code, the liability for warranty for the product/service towards a client who is not a consumer is excluded.

4. The liability of the internet service is limited within a single claim, as well as for all claims in total, to the amount of PLN 100 net. The internet service is liable only for typical foreseeable damages at the time of concluding the agreement and is not liable for lost profits.

5. Any disputes between the internet service and a non-consumer Service Recipient shall be subject to the jurisdiction of the court competent due to the seat of the internet service.

1. The internet service honors all rights of Users provided for in the applicable law.

2. If the applicable law grants consumers more favorable mandatory rights and requirements than those included in this Regulation, the relevant provisions of the Regulation are directly replaced by specific norms of the applicable law and thus are binding for the aforementioned owner.

3. All content posted on the internet service website (including graphics, texts, page layouts, and logos) enjoys the protection provided for by copyright law and is the exclusive property of the service. Unauthorized use of this content without the written consent of the service results in civil and criminal liability.

4. We declare that we have acquired all rights to all content posted on this internet service and on each portal attached to the service and on each page or subpage. We are the owners of all content, materials, and materials posted on them, including:
a) The right to use and dispose, to the fullest extent permitted by law, and we have acquired all rights to the works of our subcontractors and further subcontractors, in all fields of exploitation.
b) The rights to exercise derivative copyright, to adapt the work, and to exclusively authorize the exercise of derivative copyright, including the use and disposal of works, have been transferred to us. Furthermore, subcontractors and further subcontractors have declared that:
· We have the exclusive and unrestricted copyright to the work (both moral and economic rights);
· We can dispose of the copyright to the work to the extent necessary for the conclusion and performance of the previously concluded agreement;
· The economic copyright to the work belongs to us and has not been seized within the meaning of the provisions on enforcement proceedings;
· The works were personally created by them;
· The works are not adaptations, modifications, or adaptations of another's work;
· We can use this work without fear of any claims from third parties.

5. Violation of our copyright will be strictly punished. As for the processing of personal data, the European Commission has not identified an adequate level of protection through a decision, but the data will be appropriately secured using IT/legal solutions and measures.

6. The amended Regulations are binding on Users if the requirements specified in Article 384 of the Civil Code are met (i.e., the User has been properly notified of the changes).

7. The website reserves the right to make changes to the Regulations for valid reasons, namely:
a) Changes in the law;
b) Changes in the method of providing electronic services covered by the regulations;
c) Changes in the website's data, including email address and phone number.

8. Changes to the regulations do not affect Services already performed or completed; the regulations applicable at the time of joining the Services of the website apply to them. The website informs about the intended change on the website at least 30 days in advance. In case of non-acceptance of the amended regulations, Service recipients may terminate the agreement with immediate effect within 30 days from the date of receiving the notification.

9. Disputes arising from the provision of services based on these Regulations will be subject to the decision of the Common Court, according to the choice of the Service recipient, who is also a consumer, in accordance with the relevant provisions of Polish law.

10. Attachments to the Regulations constitute its integral part.

11. Service recipients of the aforementioned website may access these Regulations at any time via the link provided on the homepage of the website and may download and print them.

12. The Regulations come into force on 07.04.2024.