Terms of Use
VALID FROM 12/12/2021
§ 1
Preliminary provisions
1. These regulations define the rules for using the Application called “Sovo – learning application”.
2. The owner of the Application is Sovo Spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów, ul. Targowa 10, 35-064 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number: 0000903160 KRS, REGON: 389027492, NIP: 8133861225, with a share capital of PLN 5,000.00 zloty.
3. In any matter related to the functioning of the Application, the User is asked to contact the e-mail address info@sovo.pl.
4. These Regulations specify:
1) type and scope of Services provided electronically by the Operator;
2) conditions for the provision of Services electronically, including technical requirements necessary for cooperation with the IT system used by the Operator;
3) conditions for concluding and terminating the Agreement for the provision of electronic services;
4) complaint procedure.
5. The Operator provides services electronically in accordance with the Regulations, and Application Users are obliged to comply with: the Regulations, the principles of social coexistence, generally accepted social norms and are obliged to respect the good name and legal interests of the Operator and other Users. Any actions resulting in infringement of copyrights to the content posted in the Application and available through it are prohibited.
6. The Operator reserves the right to block the use of the content available in the Application, Materials and Services by Users who violate or do not accept the provisions of the Regulations, as well as violating in any way the interests of the Operator or other Users.
7. Before installing and using the Application, each User is obliged to read the Regulations and to comply with their provisions.
8. The Operator provides Users with the Regulations free of charge before concluding the Agreement.
9. Users can access the Regulations at https://sovo.pl/regulamin/.
in a form that allows it to be downloaded, reproduced and saved. If the User does not agree with the provisions of the Regulations or privacy policy, he or she cannot use the Application.
§ 2
Definitions
1. The definitions appearing in these Regulations have the following meanings:
1) Application – this should be understood as a mobile application called Sovo for iOS and Android systems enabling the use of the Services provided by the Operator.
2) Price list – this should be understood as a list presenting in a comparative manner the available Subscriptions and Subscription Fees. The price list is available in the Application in the “Price list” tab.
3) Chat – this should be understood as an interactive messenger (chat) available in the Application, enabling Users to establish contact and conduct a conversation.
4) Personal Data – this should be understood as any information about an identified or identifiable natural person, in particular based on an identifier such as name and surname, identification number, location data, online identifier or one or more specific factors determining the physical, physiological , genetic, mental, economic, cultural or social identity of a natural person.
5) Identity providers – this should be understood as an external service of OAuth identity providers (e.g. Facebook, Gmail, Apple ID, LinkedIn), enabling the creation of an Account and gaining access to it.
6) Account – this should be understood as an individualized set of ICT resources requiring registration of the necessary data in the Application, enabling the User to use the functionality of the Application.
7) Consumer – this should be understood as a natural person with full legal capacity, using the Application for purposes not directly related to his business or professional activity.
8) Entrepreneur – this should be understood as an entrepreneur within the meaning of Polish law, in particular within the meaning of Art. 4 of the Act of March 6, 2018 – Entrepreneurs’ Law and Art. 43[1] of the Act of April 23, 1964, Civil Code, which uses the Application for purposes related to business activities.
9) Entrepreneur-Consumer – this should be understood as a natural person with full legal capacity concluding a contract directly related to his/her business activity, when the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of the activity performed. its business activities, made available on the basis of the Act documents on the Central Registration and Information on Economic Activity.
10) Account Service – this should be understood as a service provided electronically by the Operator to the User, the subject of which is maintaining and maintaining an Account for the User.
11) Newsletter Service (hereinafter also referred to as the “Newsletter”) – this should be understood as a free service provided electronically by the Operator to the User, consisting in providing, via e-mail, information about new products and promotions available within the Application or other commercial information related to with the Operator’s activities.
12) Materials – this should be understood as text, software, scripts, graphics, photos, sound, music, videos, audiovisual combinations, musical arrangements of songs, interactive functions, logos, all kinds of works of authorship and information or other digital content that is generated , delivered or otherwise made available by the Operator via the Application.
13) Content – this should be understood as the User’s content, photos, descriptions, all kinds of materials, notes entered, delivered or otherwise made available by Users using the functionalities available in the Application.
14) Operator – this means Sovo Spółka z ograniczoną odpowiedzialnością with its registered office in Rzeszów, ul. Targowa 10, 35-064 Rzeszów, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Rzeszów, 12th Commercial Division of the National Court Register under KRS number: 0000903160 KRS, REGON: 389027492, NIP: 8133861225, with a share capital of PLN 5,000.00 0 zloty.
15) Subscription Fee – this should be understood as a fee the amount of which results from the selected type of Subscription, and which is collected from the User by the Store on behalf and for the benefit of the Operator for the User’s use of paid functionalities of the Application, access to which depends on submitting order and pay the Subscription Fee.
16) Subscription Period – this should be understood as the period of time selected by the User from among those offered by the Operator for which the Subscription Service will be provided, i.e. – renewable monthly subscription (lasting 1 month);
– renewable annual subscription (lasting 12 months).
17) Consumer Rights – this should be understood as the Act of May 30, 2014 on consumer rights.
18) Store – this should be understood as the Google Play store and/or AppStore.
19) Agreement – this should be understood as an agreement for the provision of electronic services concluded between the Operator and the User. The Agreement should be understood as the Account Maintenance Agreement, Subscription Agreement, and Newsletter Service Agreement.
20) Account maintenance agreement – this should be understood as an agreement for the provision of electronic services, concluded between the Operator and the User, concluded in accordance with § 5 of the Regulations, and the subject of which is the provision of the Account Service.
21) Subscription Agreement – this should be understood as a subscription agreement concluded between the Operator and the User, concluded in accordance with § 7 of the Regulations, and the subject of which is the provision of Subscription Services.
22) Agreement for the provision of the Newsletter service – this should be understood as a free agreement for the provision of services by electronic means, concluded between the Operator and the Administrator, concluded in accordance with § 8 of the Regulations, and the subject of which is the provision of the Newsletter Service.
23) Subscription Service (hereinafter also referred to as “Subscription”) – this should be understood as paid services provided electronically by the Operator to the User in the scope of providing the User with the right to use paid functionalities of the Application, access to which depends on placing an order and paying the Subscription Fee. by the User.
24) Services – this should be understood collectively as the Subscription Service, the Account Service and the Newsletter Service.
25) Device (hereinafter also referred to as “Mobile Device”) – this should be understood as portable electronic devices that allow processing, receiving and sending data without the need to maintain a wired connection to the network, such as a smartphone or tablet.
26) User – this should be understood as a Consumer, Entrepreneur or Entrepreneur-Consumer using the Application.
2. In each case in which the definitions above use the singular number to designate a designated activity, person or thing, these definitions apply to the plural number, and when the plural number is used, these definitions apply accordingly to the singular number.
§ 3
Basic terms of use of the Application and installation of the Application
1. In order for Users to use the Application, it is necessary:
1) using a Mobile Device with a minimum version of Android 8.0 or 9.0 or IOS installed minimum version 11 or 12 and higher;
2) access to the Internet (broadband Internet from a mobile network operator or access via Wi-Fi);
3) using the current version of the Google Play store application, AppStore, which enables the use of a given Store;
4) correct installation of the Application on the Mobile Device.
2. The Operator allows the possibility of downloading the Application from the online store:
1) AppStore for Mobile Devices with iOS;
2) Google Play Mobile Devices with Android.
3. In order to gain access to the Application, the User should download the Application from one of the Stores, install and run it on the Mobile Device, in accordance with the instructions displayed on the screen of the Mobile Device during installation. The User is obliged to read and accept the regulations and privacy policy of the store from which he or she intends to download the Application. The Operator is not responsible for the actions or omissions of third parties from which the Application is downloaded.
4. Downloading the Application from Stores is free of charge.
5. The Application actively uses the possibilities offered by Mobile Devices for its operation. In order to ensure the proper operation of the Application and the ability to use the available functionalities of the Application (e.g. tracking time spent on learning, learning progress), when installing the Application or when using the functionality of the Application using a given module in a Mobile Device for the first time, the User will be asked to consent to:
1) displaying push-up notifications – in particular to inform the User about learning progress and time devoted to learning;
2) receiving data from the Internet and full access to the network – for the proper functioning of the Application;
3) access to the camera – for the purposes of creating and editing content;
4) access to the voice recorder – for the purposes of creating and editing content.
6. The Operator does not ensure the technical conditions specified in section 1 above. The User bears all costs related to ensuring the technical conditions necessary to use the Application (in particular the costs of access to the Internet), on their own, pursuant to separate agreements concluded with telecommunications operators or other Internet providers.
7. The application may be integrated with or otherwise interoperable with other third-party applications. Your use of such third-party applications may be subject to additional terms and policies set forth by the applicable third-party entity.
8. The Operator reserves the right to update the Application. The Application will be updated the first time it is launched. The latest version of the Application will be available in the online Application Store appropriate for the given Device operating system. In the case of updating the operating systems of individual suppliers, the Operator is not obliged to update the Application.
9. The Operator informs that the use of services provided by IT networks involves risk. The main risks of using services provided electronically include, among others: risk of damage caused by malware, social engineering and hacker attacks. The Operator recommends that the User equip the Device used to connect to the Internet with an anti-virus program and update it constantly. The Operator is not responsible for the lack of anti-virus program and its updates installed on the Device used by the User.
10. The Operator is not responsible for technical problems or technical limitations in the Mobile Device or Internet connection used by the User that prevent him from using the Application.
11. The Operator will make every effort to ensure that the transmission of data via the Internet as part of the use of the Application is secure, i.e. that the information sent is sent with confidentiality, completeness and completeness of the transmitted data, and in particular takes the necessary technical and organizational measures to security of the Services provided via the Application, in particular aimed at preventing the unlawful acquisition of Users’ Personal Data by third parties. The Operator declares that regardless of the actions taken by it to secure the Application, due to the public nature of the Internet, Users should take into account the risk of obtaining and modifying Users’ data by unauthorized persons. In order to increase the security of their equipment and data, users should also use appropriate technical measures that will minimize the above-mentioned threats by using anti-virus and identity protection programs using the Internet.
12. Any unusual signs of the functioning of the Application, in particular a different appearance of the Application (design graphic), previously unseen messages and/or images without prior information sent by the Operator to Users regarding the possibility of such events occurring, may indicate an attempt to illegally take over the password or other illegal actions of third parties. In such circumstances, the Operator recommends immediately discontinuing the use of the Application.
13. Before the final order of the selected Service, the Operator enables the User to detect and correct errors in the entered data by, among others:
1) automatic checking of the correctness of entering the e-mail (detecting Personal Data errors by validating the e-mail address) – the User can edit the e-mail address until it is entered correctly;
2) checking the correctness of the password (detecting a Personal Data error by requiring the user to enter the password in two fields during user registration) – the User can edit the password until it is entered correctly in two fields.
14. The Application may contain links (redirect links) to websites managed by third parties. The User uses third-party resources at his own risk. The Operator is not responsible for the reliability, timeliness and completeness of data contained on third-party websites that can be accessed via links. After clicking on the redirect link, the user is obliged to read the regulations and privacy policy of the third party.
15. The User may use any information and Materials made available within the Application via it, unless the Operator decides otherwise. The materials available within the Application may be marked with a digital watermark by the Operator. The Operator takes the necessary technical and organizational measures to secure the Services provided via the Application, in particular aimed at preventing the unlawful acquisition of Users’ personal data by third parties.
§ 4
Services
1. The application is mainly a learning tool that searches for information on specific issues using questions entered by the User. Questions can be entered in the form of (1) text, (2) voice recordings which are then converted into text, (3) photos (OCR). The application allows you to generate content and an interactive learning plan. Within the Application, the User may also create their own Educational Content. To avoid any doubts, the Operator stipulates that the content is generated on the basis of publicly available materials on the Internet (in such a case, the main source is information and materials posted on Wikipedia) or made available by the User.
2. The Services are provided on the terms set out in these Regulations.
3. As part of the Application, the Operator provides:
1) Account Service;
2) Newsletter Service;
3) Subscription Service.
4. Services, excluding the Subscription Service, are provided by the Operator via the Application free of charge.
5. Detailed descriptions of the offered Services and functionalities within individual Services and the mode of their provision are specified on the website at: https://sovo.pl. The Operator may develop the offer of the Services provided and the available functionalities of the Application, i.e. expand and change the functionalities of the Application, as well as add new functionalities or replace some functionalities with others. The above does not require the User’s consent.
6. The Operator has the right to post advertising content in the Application regarding the offered Services, functionalities, as well as products and services of third parties.
7. The Operator may also display push notifications to Users on their Mobile Device as part of selected Services or functionalities. These notifications will inform the User, among others: time devoted to learning, adding new functionalities in the Application. Push notifications are displayed only to Users who have data transmission enabled and have given their voluntary consent by accepting the appropriate prompt in the Application or selecting the appropriate options in the settings of the Mobile Device or web browser.
§ 5
Account – Agreement for maintaining a User Account
1. In order to use the functionalities available within the Application, the User is obliged to register an Account.
2. User registration can only take place online via the registration form available from the Application or through Identity Providers.
3. Before starting the registration procedure, including via the Identity Provider, the User is obliged to read and accept the Regulations and Privacy Policy. By accepting the Regulations and the Privacy Policy, the User will be asked to submit a declaration (by checking the appropriate checkbox) that he or she has read the above-mentioned information. documents. Acceptance of the Regulations and Privacy Policy is a necessary condition for completion the procedure for registering and starting to use the Services.
4. In the case of the User Account registration procedure via the registration form, the User indicates:
1) in the case of a Consumer: (1) e-mail address, (2) User name, (3) password;
2) in the case of an Entrepreneur-Consumer: (1) e-mail address, (2) User name, (3) password;
3) in the case of the Entrepreneur: (1) e-mail address, (2) User name, (3) password;
– and then finalize the registration process by clicking the “Register Account” button. After correctly completing and sending the form, the User will receive an activation link to the Account to the e-mail address provided in the registration form. The User confirms Account registration by clicking on the activation link.
5. The User interested in creating an Account via the Identity Provider – selects one of the Available providers and then clicks the “Register” button or other equivalent wording. If you register an Account via the Identity Provider, the following data will be automatically made available/transferred to the Operator:
1) in the case of a Consumer: (1) e-mail address, (2) name or surname of the User, (3) avatar (profile photo), – if it was made available to the Identity Provider, subject to section 6;
2) in the case of an Entrepreneur-Consumer: (1) e-mail address, (2) name or surname of the User, (3) avatar (profile photo), – if it was made available to the Identity Provider, subject to section 6;
3) in the case of the Entrepreneur: (1) e-mail address, (2) name or surname of the User, (3) avatar (profile photo), – if it was made available to the Identity Provider, subject to section 6;
– which will be processed in accordance with the provisions of the Regulations and Privacy Policy. In this case, additional activation of the Account is not required, because the User gains access to the Account after accepting the Regulations and Privacy Policy and clicking the “Register” button.
6. If an avatar (profile photo) is added, the Operator will assign it to the User Account in the Application. The User’s avatar (profile photo) may be visible to other Users using the Application. The Operator informs that an avatar (profile photo) will be assigned to the User Account, provided that the following technical requirements are met: minimum size 400×400 px, file type: png or jpg and the avatar does not contain content inconsistent with these Regulations. The avatar (profile photo) may also be added or changed by the User after logging in to the Account.
7. After completing the Account registration process, the User with the Consumer status may additionally provide the following data: (1) name and surname; (2) residential address; (3) date of birth; (4) education; (5) description; (6) biography. Indication of the data referred to in sentence the previous one is voluntary and is not required to use the Application.
8. Registration of a User Account with the status of an Entrepreneur or Entrepreneur-Consumer may only be performed by a person authorized to represent the User (including a member of the management board, proxy, proxy or other person designated for this purpose by the User).
9. The Account Maintenance Agreement is concluded upon registration of the User in the Application, in the case of registration:
1) via the registration form – after clicking on the activation link sent to the User’s e-mail address), in accordance with the provisions of the Regulations;
2) via the Identity Provider – when clicking the “Register” button or another equivalent button that completes the User Account registration process.
10. The agreement for maintaining the User Account is concluded for an indefinite period in Polish.
11. After completing the Account registration process, the User can complete the data with the following information: username, avatar.
12. The User and the Operator may terminate the Account Management Agreement at any time without giving a reason.
13. The User may submit a declaration of termination of the Account Agreement from the Application level via the Account administration panel in the “Delete Account” tab. The Operator submits a declaration of termination of the Agreement to the User via e-mail to the User’s address associated with the Account.
14. The Account Maintenance Agreement will be terminated within ___________ days from receipt of the declaration of termination of the Account Maintenance Agreement.
15. If the termination of the Account Agreement is to take place during the term of the Subscription Agreement, the declaration of termination of the Account Agreement is treated as a termination of the Subscription Agreement. In the situation referred to in the previous sentence, the Account Maintenance Agreement will be terminated on the last day of the validity of the Subscription Agreement, on the terms set out in § 7 section 16 of the Regulations.
16. The Operator reserves that if the User has ordered a Subscription via third parties, it may be necessary to take additional actions specified in the third party’s regulations to cancel the Subscription and terminate the collection of Subscription Fees. Termination of the Account Agreement is tantamount to deleting the Account together with all data collected within the Account, to which the User expresses irrevocable consent.
17. The Operator reserves that, within the limits permitted by law, in the event of a User’s violation of the provisions of the Regulations, legal provisions or good practices, the Operator may terminate the Account Management Agreement without notice.
18. The User gains access to the Account using an identifier – e-mail address and password. Instead of entering a login and password, the User may authenticate through Identity Providers.
19. The User is fully responsible for incorrectly entered data in the registration form and other data provided when using the Application. The Operator stipulates that the User is prohibited from using data, including e-mail addresses, of other people during registration. The use of false, outdated, incorrect or incomplete data or data of other persons constitutes the basis for terminating the Agreement concluded between the User and the Operator.
20. The User declares that he is aware that the e-mail address (indicated respectively in the registration form, and in the case of registration via the Identity Provider, the e-mail address that was made available to the Operator by this Identity Provider) will be associated with the User Account and will be used for all correspondence between the Operator and the User related to the provision of Services.
21. In the event of loss of the password, the User may request the Operator to resend the one-time password. It allows the User to log in to the Application and then enter the target password.
22. The User will immediately notify the Operator of any unauthorized use of the Account via e-mail to the following e-mail address: info@sovo.pl
23. The use of automated solutions enabling registration and, at a later stage, logging in to the Account is at the risk of the User using such software.
24. Data and other terms of the Account Maintenance Agreement are recorded, secured and made available via:
1) e-mail associated with the Account;
2) Application – after logging in to their Account, the User can check the data, among others: about the Services provided, learning plans, schedule changes, available content.
§ 6
Account Functionalities
1. After completing the Account registration process, the User will have free access to the functionalities included in the basic plan. Additionally, the User has the option of purchasing and paying for the Subscription Service. Purchasing and paying the Subscription Fee entitles the User to use paid functionalities included in the Subscription Service via the Account. The scope of paid functionalities each time depends on the selected and paid Subscription.
2. Options available to the User under the basic plan:
1) adding a learning plan – instructions for adding a learning plan have been specified by the Operator and are available to the User on the website at: https://sovo.pl
2) modifying the study schedule;
3) ability to add your own educational content;
4) the ability to share the learning plan with other Users via the “Share” button;
5) ability to add and remove a profile photo (avatar);
– more information about the options available under the basic plan can be found on the website at: https://sovo.pl
3. To avoid any doubts, the Operator indicates that the functionalities available under the basic plan are also available to the User who ordered and paid for Subscription Services.
4. Educational content added as part of the available functionalities is visible only to the User who posted it. If the User uses the option of sharing their own Content via “Share”, another User to whom the Content was shared will also have access to the Content.
5. The User using the basic plan may see advertisements related to the Operator’s activities within the Application.
§ 7
Subscription Service
1. Information about Subscriptions posted in the Application constitutes an invitation to conclude a Subscription Agreement.
2. Current Subscriptions and Subscription Fees included in the Price List available in the Store tab.
3. In order for the Operator to activate all functionalities available within the Account, the User is obliged to pay the Subscription Fee.
4. The Operator reserves the right to change the amount of Subscription Fees. The Operator will inform the User about any such changes via information posted on the Application and by sending a notification to the e-mail address associated with the Account. New Subscription Fees will become effective from the next Subscription Period following notification of the price change. If the User does not cancel the Subscription before the end of the paid Subscription Period in which he was notified of the change, he declares that he accepts the new amount of Subscription Fees. If the User does not agree to the price change, he or she has the right to terminate the Subscription Agreement before the price change takes effect. Therefore, please read any such price change notice carefully.
5. The Operator may offer special promotional plans, gift cards or services, including offers of third-party products and services. The Operator is not responsible for products and services offered by such external entities.
6. All prices presented are given in Polish zloty and include value added tax (VAT).
7. The Subscription Service is ordered and the Subscription Fees are paid via the Store. In such a case, in addition to the provisions of these Regulations, separate terms and provisions set out in the Stores may apply. Before ordering a Subscription, the User is obliged to read and accept the regulations and privacy policy of the Store.
8. When placing an order for the Subscription Service, the Operator automatically receives the number (key) of the Subscription Service and transaction data (i.e. type of Subscription Service, date of ordering the Subscription Service, and information whether the payment was processed correctly). The information referred to in the first sentence is processed in order to properly manage access to server data.
9. The Subscription Agreement is concluded when the User pays the appropriate Subscription Fee.
10. The Subscription Agreement is concluded for a fixed period resulting from the selected and paid Subscription Service and is automatically extended for subsequent Subscription Periods until the Subscription Agreement is terminated by the User or the Operator in accordance with these Regulations.
11. Data and other terms of the Subscription Agreement are recorded, secured and made available via e-mail linked to the Account. Moreover, after logging in to their Account, the User can check information about current Subscription Services, payment dates and stored invoices.
12. Subscription Fees are processed via the Store. The condition for the implementation of the Subscription Agreement is the User’s prior consent to automatic multiple debiting of the payment method selected by the User (respectively available in the Store) and meeting other conditions required by the Store.
13. Subscription Fees are charged in advance for the entire Subscription Period until the User decides to cancel their Subscription Service. Depending on the selected Subscription Period, the payment to the Operator, collected via the Store where the Subscription Service was ordered, will be automatically renewed after the expiry of the relevant Subscription Period (monthly subscription – every month, and annual subscription – every year), unless the User cancels the Service Subscription before the end of the paid Subscription Period. In some cases, the date of charging the User with the Subscription Fee may change, in particular when it is not possible to confirm the accuracy of the information regarding the payment method chosen by the User.
14. If the Subscription Fee is successfully collected, the User will receive access to the Subscription Service. The Subscription Period begins when the Subscription Fee is posted by the Operator and will be counted from the day following the end of the previous Subscription Period, provided that the Subscription Fee is posted by the Operator before the end of the previous Subscription Period.
15. If the Subscription Fee is not recorded before the start of the new Subscription Period, the Subscription Agreement shall be terminated at the end of the paid Subscription Period.
16. The User may terminate the Subscription Agreement at any time without giving a reason, in which case access to paid functionalities offered as part of the Subscription Service expires with immediate effect. Upon request submitted by the User in the form of _____ to the address _________, the Operator will refund the proportional part of the Subscription Fee corresponding to the period by which the Subscription Period was shortened due to the cancellation of the Subscription Service. The right to a refund of the Subscription Fee referred to in the previous sentence does not apply to Users with the status of an Entrepreneur.
17. The Subscription Service entitles the User to use paid functionalities of the Application on Mobile Devices, on which the User is logged in using the account with which he ordered the Subscription Service.
18. The Subscription Agreement may also be terminated at the Operator’s initiative with a ______ day notice period. The notice of termination will be sent to the User via e-mail associated with the Account.
19. Cancellation of the Subscription Service is possible from: (1) the Application after logging in to the Account or (2) the Store through which the Subscription Service was ordered. More information on canceling the Subscription Service via the Store can be found by clicking on the appropriate link:
1) Google Play: https://support.google.com/googleplay/answer/2476088?visit_id=637692824356820812-1959830699&rd=1;
2) AppStore: https://support.apple.com/pl-pl/HT202039
20. The Subscription Agreement constitutes an agreement for the supply of digital content within the meaning of Art. 38 section 1 point 13) Consumer Rights.
21. Before using the functionalities included in the scope of the ordered Subscription Service for the first time, the User who does not have the status of an Entrepreneur, selects the appropriate “checkbox”, thereby declaring that he or she consents to the commencement of the provision of the Subscription Service before the deadline for withdrawing from the Subscription Agreement and that he or she is aware that that after the Operator starts providing the Subscription Service, he will lose the right to withdraw from the contract specified in Art. 27 Consumer Rights.
§ 8
Newsletter Service
1. The Newsletter service is provided free of charge to Users who voluntarily and optionally agree to it.
2. To order a Newsletter subscription, the User:
1) reads and accepts the Regulations and Privacy Policy, which is confirmed by checking the appropriate checkbox;
2) complete the form available in the Application, providing: (1) the User’s name or surname; (2) e-mail address to which the Newsletter is to be sent;
3) expresses separate consent to sending commercial information electronically by checking the appropriate checkbox;
4) clicks the “Order subscription” button or another equivalent inscription;
3. Upon clicking the “Order subscription” button, an Agreement for the provision of the Newsletter service is concluded in Polish between the User and the Operator for an indefinite period.
4. To the e-mail address provided in the form, the User will receive final confirmation of the conclusion of the Newsletter Service Agreement along with information about adding the e-mail address to the distribution list.
5. The User may terminate the Newsletter Service Agreement at any time with immediate effect by deactivating the subscription. Deactivation of the Newsletter Service is possible by sending the User a declaration of will to info@sovo.pl or via the appropriate link located in the footer of each message sent as part of the Newsletter.
6. Upon deactivation of the Newsletter Service, the Operator stops sending the Newsletter to the e-mail address of the User.
7. The contract for the provision of the Newsletter service may also be terminated at the initiative of the Operator with a one-day notice period. The notice of termination will be sent to the User via e-mail indicated in the form.
8. Consent to receiving commercial information sent by electronic means is voluntary and the User may withdraw it at any time. The User may re-order the Newsletter Service at any time.
§ 9
Chat
1. Within the Application, Users have the opportunity to communicate with each other via Chat.
2. Before using the Chat for the first time, the User is obliged to enter the name (nickname) in the form that will be displayed in the chat for other Users.
3. The name (nickname) set by the User will be visible to other Users using the Chat.
4. When using the Chat, the User undertakes to comply with applicable laws and the provisions of these Regulations. The actions and behavior of Users using the Chat cannot constitute a misdemeanor or crime as defined in the mandatory provisions of law, in particular in the Act of June 6, 1997, Penal Code, or in the Act of May 20, 1971, Petty Offenses Code.
5. In order to ensure the high quality and security of the Services provided, each conversation carried out via Chat is recorded on the Operator’s servers in the form of a Chat record in the database. Starting a conversation in Chat is tantamount to consenting to the recording of the conversation. If the User does not agree to registration, he or she cannot use this functionality.
§ 10
User Obligations
1. The User uses the Application voluntarily.
2. The User declares that he is aware that the content is created on the basis of publicly available content on the Internet and should be verified each time by the User in terms of quality and substantive correctness.
3. The User is obliged to notify the Operator about any change in addresses or other data identifying the User and is obliged to update them on an ongoing basis. If it is necessary to make a change, the User is obliged to notify the Operator via e-mail at info@sovo.pl. In the absence of such notification, a shipment or message addressed to the address provided in the registration form (or collected from the Identity Delivery) will be deemed to have been effectively delivered. In the event of the return of a parcel or message sent to the User’s address with the following annotation: “refusal of acceptance”, “not received on time”, “addressee unknown”, “addressee changed address” or another equivalent note, it will be deemed that the parcel or message was effectively delivered within the date on which the User refused to accept it, the server informed about the impossibility of delivering the message or on which at least a 7-day deadline for collecting the letter or courier shipment notified at the User’s address had expired. The decision referred to in sentence 3-4 apply only to Entrepreneurs.
4. The User accepts that the Operator will have access to the data and information provided by the User in the Application.
5. The User is entitled to use the Application resources only for his or her own use. The Service Provider does not consent to the use of the resources and functions of the Application for commercial purposes.
6. The User declares that he is aware that by using third-party applications and/or other platforms provided by third parties to which he has been redirected from the Application, the Operator is not responsible for the behavior, functions or content of any third-party services or for any transaction which it may enter into with the provider of such third party services.
7. Users are obliged, in particular, to use the Application in a way that is not burdensome to other Users and the Operator, respecting the personal rights of third parties (including the right to privacy) and their intellectual property rights, as well as all other rights and generally accepted rules of conduct.
8. The User is obliged not to provide content of an illegal or offensive nature, content whose publicity has been disabled, content violating the personal rights of third parties, inciting to commit a crime, as well as vulgar statements or statements that violate in any way applicable social and moral norms, principles of social coexistence on the Internet (netiquette), as well as advertising content without the Operator’s prior consent. In particular, it is prohibited:
1) disrupting, blocking, overloading, interrupting, slowing down and impeding the normal functioning of all or part of the Application;
2) posting Content that violates the rights of third parties, including intellectual property rights;
3) posting Content that is vulgar or contains profanity, or Content that is generally considered offensive;
4) promoting totalitarian regimes, symbols associated with them, inciting hatred or committing a crime;
5) posting erotic Content that promotes the use of drugs, psychoactive substances, alcohol abuse or gambling, as well as any other behavior that is prohibited;
6) posting and using other people’s personal data and their images without an appropriate basis;
7) delivering malware;
8) interfere in any way with the Content and appearance of the Application;
9) carrying out reverse engineering processes in relation to the Application: decompilation, disassembly, decryption, disassembly, translation, deconstruction, adaptation and using other methods of discovering the source code or interfering with the Application in any other way;
10) spammy activity or an act of unfair competition or unfair market practice;
11) posting Content that undermines the good name or reputation of the Operator;
12) posting links to websites and files containing any of the content indicated above.
9. Users are obliged to immediately notify the Operator of any violation (or threat of violation) of their rights or the rights of third parties in connection with the use of the Application. All notifications should be submitted to the Operator via e-mail to the following e-mail address: info@sovo.pl.
10. The Operator also reserves the right to seek compensation to compensate for damages that result from the User’s failure to comply with the rules set out in these Regulations. The above is independent of the civil liability towards third parties and criminal liability that may arise in such cases on the part of the non-compliant.
§ 11
Responsibility
1. Operator declares that the Application is created and modernized to the best of the Operator’s knowledge, with due care.
2. The Operator conducts ongoing supervision over the technical functioning of the Application, ensuring its proper operation, but does not guarantee the constant availability of all functionalities of the Application, as well as their error-free or failure-free operation.
3. The Operator is liable towards the Consumer and the Entrepreneur-Consumer who suffered damage in connection with the use of the Application, on general principles provided for in legal provisions, subject to section 4. In the event of damage to the Entrepreneur, liability is limited only to damage resulting from the Operator’s willful misconduct and only to the amount of the Subscription Fees paid.
4. The Operator is not responsible for:
1) Users use the Application in a manner inconsistent with the provisions of these Regulations, in particular the User is not liable for any damage caused as a result of the User providing false data and information;
2) for the behavior of Users as well as for the Content provided and/or published by Users. The content posted by Users does not constitute the views and opinions of the Operator;
3) for the quality and substantive correctness of the content, which is created on the basis of publicly available materials/content on the Internet;
4) the User’s use of third-party websites, including third-party applications and/or Stores;
5) correctness, timeliness, completeness or quality of the content located on the websites of external entities to which redirecting links have been placed in the Application;
6) products or services advertised, promoted or offered by an external entity;
7) any transactions concluded between the User and third parties (including the quality or delivery of products and/or services offered, obtained or advertised on platforms administered by third parties, including social media);
8) limitations or technical problems in the IT systems used by Users’ Devices, which prevent or limit Users from using the functionality of the Application;
9) unsatisfactory quality and performance of the Application.
11. Due to the need to update the Application and carry out maintenance work, the Application may be temporarily unavailable. The Operator will make every effort to ensure that the Application is unavailable between 2:00 a.m. and 6:00 a.m. The Operator ensures that the total unavailability of the Application for the reasons referred to in the previous sentence will not exceed 24 hours per year. The unavailability of the Application referred to in the preceding sentences does not constitute a breach of the provisions of the Agreement.
§ 12
Protection of intellectual property rights
1. All intellectual property rights to the Application (and its individual elements), trademarks/logos, service marks, trade names are the property of the Operator or the property protected by copyright of our licensors or other cooperating entities, therefore using the Application in a manner or in purposes inconsistent with the Regulations or provisions of generally applicable law is prohibited and results in the User’s liability towards the Operator. The protection granted to the Application covers all forms of its expression.
2. In particular, it is noted that:
1) copyright protection applies to the program (including the source code) on which the operation of the Application and its interface (the graphical and functional layer seen by the User) is based, as well as all graphic, multimedia and creative functional elements of the Application;
2) all elements of the Application and solutions used in the Application are subject to confidentiality protection as part of the protection of know-how and trade secrets.
3. Upon installation of the Application and for the duration of the User’s use of the Application, the Operator grants the User a free, non-exclusive, non-transferable and territorially unlimited license to use the Application (including the Materials made available within the Application), in accordance with its intended purpose, in the following fields operation:
1) launching, installing, using and displaying the Application;
2) using the existing functionalities of the Application;
3) entering and modifying data using the functions available in the Application, including uploading your own educational materials;
4) translation, adaptation, change of layout – regarding the operation of the Application only within the available administrative and configuration functions;
5) downloading Educational Materials available via the Application.
4. The license includes the right to reproduce only at the time and to the extent necessary to launch the Application, operate and store the Application in the memory of the Device used by the User in accordance with the Regulations.
5. The license is granted only for your own permitted use (in particular, it does not include use for business purposes) and does not authorize the User to grant further licenses or to use the Application for purposes other than those indicated in the Regulations.
6. During the period of validity of the license referred to in this paragraph, the User is entitled to receive updates to the Application, which updates automatically.
7. In addition to the rights provided for in section 3-5 The User has no right to reproduce, sell or otherwise market or distribute the Application, in whole or in part, in any form, in particular to send or make it available in computer systems and networks or any other ICT systems.
8. In the event of a violation of the rights of third parties as a result of the User’s actions, the Operator – at the request of authorized bodies (e.g. a common court) – is obliged to disclose and provide all information about the User committing the violation.
9. The User will immediately enter into any dispute and satisfy or cause the withdrawal or dismissal of any claims regarding infringement of intellectual property rights and/or protection rights for the trademark/logo that will be used under the Agreement. If the Operator is obliged to repair the damage caused to a third party in connection with such a violation, the User is obliged to return the amount of the benefit paid by the Operator in full, together with all costs incurred by the Operator in conducting the case, including expenses, court costs and legal representation costs. and compensation for the damage incurred by the Operator in this respect.
10. Content posted by Users via the Application may constitute works within the meaning of the Act on Related Law and Copyright of February 4, 1994. The User, upon making the Content available in/through the Application, in exchange for the ability to use the interactive functionalities of the Application, grants the Operator a non-exclusive license, unlimited in time and territory, to use this Content, with the possibility of granting sublicenses, in the following fields of use:
1) use, display, transmit and store Content regardless of format, system or standard;
2) the right to permanently or temporarily fix or reproduce the Content in whole or in part, by any means and in any form, regardless of the format, system or standard, including entering into computer memory and permanently or temporarily fixing or multiplying such records, including making copies thereof and freely using and disposing of these copies;
3) the right to distribute in an external environment – use of the software in an IaaS environment;
4) the right to disseminate, including entering records of the Content into the memory of computers and servers of computer networks, including publicly available ones such as the Internet, and making them available to users of such networks;
5) the right to transfer or transmit Content between computers, servers, using all kinds of means and techniques;
6) using the Content for any purposes, including marketing, promotion, including advertising, sponsorship, sales promotion, as well as for marking or identifying products and services and other activities, as well as for educational or training purposes;
11. The User’s consent also covers the creation of studies of the Content by the Operator (and entities related to it directly and indirectly), the use of these studies to the extent to which the Operator is authorized to use the Content and the granting of further consents to the extent corresponding to the consent granted to the Operator. license.
12. The User consents to the exercise of personal copyrights to the Content by the Operator and declares that he will not exercise these rights in relation to the Operator and entities to which the Operator grants further consent to use the Content.
§ 13
Complaint procedure
1. All complaints related to the incorrect functioning of the Application and related to the concluded Agreement should be reported to the Operator via (1) e-mail to the following address: reklamacje@sovo.pl; (2) via the contact form available in the “Contact” tab, or (3) in writing (by registered mail) to the following address: Targowa 10, Rzeszów.
2. Filing a complaint should include:
1) name and surname (in the case of entities other than natural persons: company and name and surname of the person authorized to deal with matters related to the submitted complaint),
2) email address;
3) address of residence (registered office);
4) detailed description of the problem giving rise to the complaint, justification and indication of the proposed method of resolving the complaint;
5) possible attachments.
3. Correctly submitted complaints will be considered no later than within 21 days from the date of receipt of the complaint.
4. The Operator will inform the User via e-mail, to the address indicated in the complaint, about how the complaint will be considered.
5. In a situation where the data or information provided in the complaint need to be supplemented, the Operator asks the User to complete them before considering the complaint. The time for the User to provide additional explanations extends the complaint processing period.
6. The Operator informs that complaints regarding payment for the ordered renewable Subscription (monthly or annual) are considered by reporting irregularities via Google Play or AppStore, respectively – in the manner and on the terms specified in the regulations dedicated to these platforms. However, in the event of submitting a complaint referred to in the first sentence, the Operator undertakes to cooperate, to the best of its abilities, with the entities/persons managing the above-mentioned entities. platforms for timely and reliable consideration of complaints.
§ 14
Withdrawal from the Agreement
1. A Consumer or an Entrepreneur-Consumer who has concluded an Agreement via the Application has the right to withdraw from it without giving a reason within 14 days from the date of conclusion of this Agreement and without incurring any costs – except for the costs specified in Art. 33, art. 34 section 2 and art. 35 of the Consumer Law. .
2. The Consumer or Consumer-Entrepreneur is not entitled to withdraw from the Agreement (in the scope of paid services) in the following cases:
1) in art. 38 points 1) Consumer Law (i.e. in the case of a contract for the provision of services – if the Operator has fully performed the Service with the express consent of the Consumer or Entrepreneur-Consumer who was informed before the commencement of the provision of the service that after its fulfillment by the Operator, he will lose the right to withdraw from the Agreement) and
2) in art. 38 points 13) Consumer Law (i.e. contracts for the supply of digital content that are not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer or Consumer-Entrepreneur before the deadline for withdrawing from the Agreement and after being informed by the Operator about the loss of the right withdrawal from the Agreement.)
3. In order to exercise the right to withdraw from the Agreement, the User is obliged to inform about his decision via e-mail to the following address: info@sovo.pl or in writing to the following address: Targowa 10, Rzeszów.
4. The declaration of withdrawal may have any content, which will indicate the will to withdraw from the contract. In the case of submitting a declaration of withdrawal, the User may, in particular, use the template declaration of withdrawal, which constitutes Annex No. 1 to the Regulations or Annex No. 2 to the Consumer Law.
5. The Operator will immediately confirm to the User, to the e-mail address indicated in the declaration of withdrawal from the contract, the acceptance of the declaration of withdrawal from the Contract.
6. In the event of withdrawal, the contract is considered void.
§ 15
Processing of Personal Data
Detailed information regarding the collection and processing of Users’ Personal Data, including the Privacy Policy, is available at https://sovo.pl/polityka-prywatności/.
§ 16
Changes to the Regulations
1. The Operator may change these Regulations for important legal or technical reasons in the following cases:
1) changes in legal provisions having a direct impact on the content of the Regulations,
2) imposition of specific obligations by state authorities,
3) improving Users’ privacy protection,
4) changes to the privacy policy,
5) preventing abuse,
6) for security reasons,
7) technological and functional changes,
8) changes in the scope of Services provided,
9) changes to the editorial content of the Regulations.
2. The Operator will inform about changes to the Regulations in a message displayed in the Application, 15 days before the new Regulations enter into force. Users who have a User Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. During this time, the User should accept the new provisions of the Regulations or refuse to accept them by sending an appropriate e-mail to info@sovo.pl. Refusal to accept changes to the Regulations is tantamount to the termination of the Agreements and the User’s obligation to immediately uninstall the Application from the Device. If the termination of the Subscription Agreement takes place during the paid Subscription Period, the Operator will refund the appropriate proportional part of the Subscription Fee.
3. If the User does not submit a declaration of refusal of acceptance before the deadline specified above, he or she is deemed to have accepted the amended Regulations without any reservations upon the expiry of that deadline.
4. The Operator reserves the right to change the Regulations without observing the 15-day period referred to in section 2, including with immediate effect, in crash when
1) is subject to a legal or regulatory obligation under which it is obliged to amend the Regulations in a way that prevents the Operator from meeting the above-mentioned notification period;
2) as an exception, must amend the Regulations to counteract unforeseen and direct threats related to the protection of online intermediation services and Users against fraud, malware, spam, data breaches or other cybersecurity threats.
§ 17
Dispute settelement
1. Any disputes arising between the Operator and the User will first be resolved amicably.
2. A User who is not an Entrepreneur may use out-of-court methods of dealing with complaints and pursuing claims. Detailed information and rules of access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of the Trade Inspection and on the website of the Office of Competition and Consumer Protection available at: : :
https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php
3. The Operator informs that there is also a contact point at the President of the Office of Competition and Consumer Protection, which provides information regarding amicable proceedings.
4. The Consumer and the Entrepreneur-Consumer have the following exemplary possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
1) the possibility of applying to a permanent consumer arbitration court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to resolve a dispute arising from the concluded Agreement;
2) the possibility of contacting the voivodeship inspector of the Trade Inspection, in accordance with Art. 36 of the Act of December 15, 2000 on the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute;
3) the possibility of obtaining free assistance in resolving a dispute between him and the Operator, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
4) the possibility of using the online dispute resolution system platform (ODR platform), in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online consumer dispute resolution system and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on ODR in consumer disputes), available at the following electronic address: http://ec.europa.eu/consumers/odr/. The ODR platform is one common access point for consumers and entrepreneurs, enabling out-of-court settlement of disputes regarding contractual obligations arising from the concluded online sales contract:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL
§ 18
Final Provisions
1. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act of July 18, 2002 on the provision of electronic services and the Act of February 4, 1994 on copyright and related rights – in their versions. currently in force, but this does not limit the right to exercise the rights granted by the User’s national law that are more favorable to him.
2. Users are advised that they are not bound by all provisions of these Regulations that would constitute provisions considered prohibited and included in the register of contractual provisions kept by the President of the Office of Competition and Consumer Protection.
3. If any of the provisions of these Regulations are deemed invalid or ineffective, the remaining provisions shall remain in full force and effect. The invalid or ineffective provisions of these Regulations will be replaced by provisions valid under the law and fully effective, as well as those most similar to them.
Annex No. 1 to the Regulations
User data: ____________________________________
User’s residential/registered address: _____________________________
E-mail: ____________________________________________________
Sovo Sp. z o. o.
street Targowa 10
35-064 Rzeszów
DECLARATION OF WITHDRAWAL FROM A CONTRACT FOR THE PROVISION OF SERVICES CONCLUDED AT A DISTANCE
I hereby declare/declare* that pursuant to Art. 27 of the Act of May 30, 2014 on consumer rights, I/we withdraw* from the contract for the provision of services concluded via the “________” Application on ________________, within the scope of ___________________.
In connection with the withdrawal from the contract for the provision of services, I declare that the expression I have consent to return the payment via the bank account number**:
______________________________
Date and signature of the User
(*) Delete as appropriate.
(**) If the User wants to receive a cash refund via a bank account and not using the original payment method – provided that the conclusion of the contract involved the payment of a fee.