Terms of Service

The mobile application is made available on the terms specified in this document constituting the regulations within the meaning of the Act of July 18, 2002 on providing services by electronic means (hereinafter referred to as the “Regulations”).

These Regulations define the rules for using the Application, types of electronic services provided through the Application, and the rights and obligations of Users and the Service Provider. Familiarizing yourself with these Regulations is the obligation of every user of the Application.

§1. Definitions

1. Service Provider – Dawid Skąpski conducting business activity under the name Dawid Skąpski SM Freight at ul. Wojska Polskiego 119a, 98-200 Sieradz, NIP: 8272330997, REGON: 522263936. Email address [email protected].

2. Application – software made available to Users by the Service Provider, intended for mobile Devices and allowing access to services provided by the Service Provider.

3. User – a natural person using the Application.

4. Device – mobile devices allowing installation and use of the Application, in particular smartphone and tablet devices.

5. Service – services provided electronically by the Service Provider through the Application, in particular functionalities available within the Application.

6. User Panel – a set of resources in the Service Provider’s ICT system, where information about the User is collected, access to which is possible through the Application.

§2. General Provisions

1. The Application is intended for adults with full legal capacity.

2. Conditional use of the Application by persons over thirteen years of age is allowed, if they have limited legal capacity, and the will to conclude the contract by such a User is known to the User’s legal guardian and will be confirmed by them, in particular at the request of the Service Provider.

3. The Service Provider undertakes to provide services to the User within the scope and under the conditions specified in the Regulations.

4. The User undertakes to use the Application in accordance with the rules specified in the Regulations, applicable law, and principles of social coexistence.

5. The Service Provider complies with the principles of personal data protection of Users provided for in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 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. The User consents to the collection, storage, and processing of personal data by the Service Provider for the purpose of service provision. Detailed rules for processing Users’ personal data are specified in the Application’s Privacy Policy.

6. It is forbidden for the User to provide content of an unlawful or offensive nature. The User is obliged to use the Application in a manner that does not interfere with its functioning, in particular by not using specific software (including malicious software) or devices.

7. Specific threats related to the use of electronic services include the possibility of unauthorized persons gaining access to data transmitted over the network or stored on devices connected to the network and interfering with this data, which may result, in particular, in its loss, unauthorized modification or inability to use the services offered using the Application.

8. The provisions of the Regulations concerning consumers apply accordingly to a natural person concluding a contract directly related to their business activity when the content of this contract shows that it does not have a professional nature for that person, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.

§3. Technical Requirements

1. The Application is available for all mobile Devices meeting the system requirements specified in this chapter.

2. To start using the Application, the User downloads the Application on a mobile Device through the store appropriate for the system operating the mobile Device, i.e. through the AppStore (for iOS system) or Google Play (for Android system).

3. The mobile device must be equipped with the following system to be able to install and run the Application:

   • Android version minimum 8.0;
   • iOS version minimum 12.0.

4. The mobile device must meet the following technical requirements to be able to install and run the Application:

   • minimum amount of free RAM: 2 GB;
   • minimum amount of free disk space: 100 MB;
   • processor: recommended dual-core 1.5 GHz or higher.

5. To install and run the Application, it is necessary to activate an Internet connection on the mobile Device.

6. The User bears the costs associated with Internet access and data transmission in accordance with the tariff of their Internet service provider.

7. Changing the technical requirements specified in this chapter does not constitute a change to the Regulations within the meaning of the provisions of §17 paragraph 1.

8. The Service Provider reserves the right to carry out updates and make new versions of the Application available. Installation of updates or a new version of the Application may be forced by the Service Provider as necessary for further uninterrupted use of the Application. Installation of updates or a new version of the Application is done through the store referred to in paragraph 2.

§4. Registration

1. The registration process is required to use the Application.

2. Registration is carried out by the User by providing an email address and phone number.

3. Confirmation of registration may be conditioned on providing a code received by the User in a message sent to their email address or phone number indicated during registration.

4. A registered User logs into the Application using the email address previously used for registration.

5. A registered User has the possibility to access data collected in the Application on every mobile device on which they log in using the data referred to in paragraph 4.

§5. Application

1. The Application has a social character. Functionalities available in the Application allow, in particular:

   • posting own content, e.g. in the form of posts, stories,
   • browsing content posted in the Application by the Service Provider or other Users;
   • communication with other Users.

2. The Service Provider reserves that selected User content, e.g. posts, stories, are published in the application only for a specified time.

3. The Service Provider reserves the right to activate selected functionalities after payment or subscription by the User on the terms specified in the Regulations.

4. After registration, the User creates their own profile by indicating, among others, name, gender, and date of birth. When creating a profile, the User can add a photo visible as a profile icon. The photo and data entered by the User on the profile are visible to other Users. By creating a profile, the User agrees to share their personal data posted on their profile (name, age, gender, photos, location) in the Application with other Users.

5. To use selected functionalities of the Application, the User may be asked to consent to access by the Application to selected functions of the mobile device (e.g. camera) or permission to receive notifications from the Application. The User can change the permissions granted to the Application on the mobile device at any time, but this may result in limiting its functionality.

6. The Service Provider reserves the right to limit or expand free functionalities available in the Application at any time. The Service Provider will inform Users about the planned change through messages displayed in the Application.

§6. Publication of User’s Digital Content

1. Within the Application, the Service Provider allows the User to post Digital Content. Digital Content means, in particular, textual, text-graphic, graphic, or audiovisual content that the User can post or publish using the functionalities available in the Application.

2. The User posting any Digital Content in the Application is required to have the right to use this content and to publish it. In the case of posting Digital Content in the form of an image of a person or group of persons, the User is required to have appropriate consent for the processing of personal data in the form of an image and for sharing the data with third parties, in particular the Service Provider.

3. The Service Provider is entitled to remove at any time any content that violates or obviously bends the provisions of these Regulations or the law.

4. By posting Digital Content within the Application, the User thereby grants the Service Provider a non-exclusive and free license to use this content for purposes related to making available and maintaining the Application, in particular for the purpose of presenting Digital Content to other Users, as well as for purposes related to the promotion of the Application.

5. It is forbidden to place in the Application content that:

   • calls for committing a prohibited act or praises the commission of such an act,
   • presents violence or self-destructive behavior (suicide, self-harm),
   • is indecent, obscene or pornographic in nature, in particular presenting erotic or pornographic content involving minors,
   • presents or promotes the consumption of alcohol, tobacco, drugs or other intoxicating substances,
   • offends the religious feelings of other people by insulting an object of religious worship or a place intended for religious purposes,
   • defames another person, groups of people, institutions, legal entities or other entities for such conduct or characteristics that may humiliate them in public opinion or expose them to loss of trust necessary to perform a given profession, activity or occupy a specific position,
   • insults or defames other people, as well as harms the good name of these people,
   • propagates or incites hatred on racial, national, ethnic, religious or sexual grounds,
   • violates the copyrights and/or related rights of third parties,
   • is unlawful in nature,
   • contains links to websites containing malicious software or websites used to phish data,
   • contains advertising or marketing information not related to the activities of the person publishing the Digital Content or concerning activities competitive to the Service Provider.

§7. Paid Features

1. The Service Provider reserves that access to selected functionalities in the Application may be conditioned on payment. The Service Provider may charge one-time fees for activating a selected function or make selected functions available in a subscription model.

2. The subscription covers the subscription period in accordance with the current offer. The subscription is subject to automatic renewal for subsequent subscription periods.

3. The subscription period within the subscription is counted with accuracy to the date and time of its activation.

4. The subscription expires after the User’s resignation from renewing the subscription or in case of failure to collect payment for its renewal.

5. Resignation from the subscription should be reported by the User at the latest before the end of the current subscription period. The User cancels the subscription using the function available in the User Panel.

6. In case of resignation from the subscription, it remains active until the end of the paid subscription period.

7. After the subscription expires, the User uses the Application functionalities available for free.

8. The Service Provider reserves the right to introduce changes to subscription plans and fees, but any changes in prices or subscription plans will not take effect earlier than from the next subscription period after sending a notification of this change to the User. Lack of cancellation of the subscription by the User after receiving the message referred to in the previous sentence means acceptance of changes in the subscription plan or price.

§8. Prices and Payment Terms

1. Prices used by the Service Provider are expressed in Polish zlotys (PLN) and are gross prices.

2. The Service Provider accepts payments through the Apple Pay mobile payment system operated by Apple Inc. (https://support.apple.com/en-us/HT201239) or through the Google Pay mobile payment system (https://pay.google.com/intl/en_us/about/).

3. Activation of the subscription or other paid service takes place when the Service Provider receives information from the electronic payment system operator about positive authorization of the transaction.

4. The subscription fee is collected cyclically until the User’s resignation. The fee is collected using the payment method chosen by the User in accordance with the Service Provider’s price list valid on the day of starting a new subscription period.

5. In the case of cyclic payment, the User agrees to the electronic payment system operator collecting from the payment card the amount corresponding to the value of the fee for the subscription period. The fee is collected at the latest on the day preceding the start of the next subscription period.

6. If the payment cannot be made due to expiration, lack of funds or other reasons, the User continues to use the Application functionalities available to Users without a subscription.

7. Payment methods can be updated by going to the User Panel. After updating, the User authorizes the Service Provider to continue collecting fees in the appropriate amount using the selected payment methods.

8. In case of the need to refund funds for a transaction made by the User with a payment card, the Service Provider will make a refund to the bank account assigned to the User’s payment card.

§9. Service Provider’s Responsibility

1. The Service Provider informs that in accordance with Art. 15 of the Act of July 18, 2002 on providing services by electronic means, it is not obliged to check the transmitted, stored or made available data referred to in Art. 12-14 of the indicated Act.

2. The Service Provider is not responsible for Users’ obligations resulting from their actions through the Application.

3. The Service Provider is not responsible for data entered by Users in the Application and is not responsible for actions taken by the User that contributed to any damage in relation to that User or other Users or third parties, or that prevented or hindered the provision of services by the Service Provider.

4. The Service Provider is not responsible for interruptions in the functioning of the Application and damages incurred by the User on this account, if they were caused by force majeure that could not be foreseen, and in the case when the occurrence of force majeure was foreseeable - when it was not possible to prevent the effects of its occurrence.

5. The Service Provider is not responsible for improper functioning of the Application resulting from the operation of the User’s mobile Device.

6. The Service Provider is not responsible for the consequences of disclosing authorization data enabling access to the Application or making the User Panel available within the Application by the User to third parties.

7. The Service Provider is not responsible for the non-operation or improper operation of the Application on a device that does not meet the technical requirements referred to in §3 of the Regulations.

8. The Service Provider is not responsible for incorrect operation of operating systems that are required to run the Application, in accordance with §3 of the Regulations, as well as software other than the Application, installed on the Device or downloaded to the Device.

9. The Service Provider is not responsible for non-performance or improper performance of services by telecommunication operators with whom the User has concluded contracts, in particular in the scope of connection to the Internet network, as well as for the amount of fees for these services.

10. The Service Provider is not responsible for temporary inability of Users to use the Application, caused by a technical break referred to in §17 paragraph 2.

11. In the case of damage incurred by the User, resulting from intentional action of the Service Provider, the Service Provider is only responsible for actual damages incurred by the User, subject to separate rights granted to consumers.

§10. Responsibility for Compliance of Digital Content with the Contract

1. The Service Provider is responsible for lack of conformity with the contract of digital content or digital service delivered once or in parts, which existed at the time of their delivery and revealed within two years from that moment. It is presumed that the lack of conformity of digital content or digital service with the contract, which was revealed before the expiry of one year from the moment of delivery of digital content or digital service, existed at the time of their delivery.

2. The Service Provider is responsible for lack of conformity with the contract of digital content or digital service provided continuously, which occurred or was revealed during the time when, according to the contract, they were to be delivered. It is presumed that the lack of conformity of digital content or digital service with the contract occurred during this time if it was revealed during this time.

3. The Service Provider is not responsible for lack of conformity with the contract of digital content or digital service if:

   • the consumer’s digital environment is not compatible with the technical requirements about which the Service Provider informed them in a clear and understandable manner before concluding the contract;
   • the consumer, informed in a clear and understandable manner before concluding the contract about the obligation to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the lack of conformity of digital content or digital service with the contract at the appropriate time results from the features of the consumer’s digital environment, does not fulfill this obligation.

4. If the digital content or digital service is not in conformity with the contract, the consumer may demand that it be brought into conformity with the contract. The Service Provider may refuse to bring the digital content or digital service into conformity with the contract if bringing the digital content or digital service into conformity with the contract is impossible or would require excessive costs for the Service Provider.

5. The Service Provider brings the digital content or digital service into conformity with the contract within a reasonable time from the moment when they were informed by the consumer about the lack of conformity with the contract, and without excessive inconvenience for the consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the digital content or digital service into conformity with the contract are borne by the Service Provider.

6. If the digital content or digital service is not in conformity with the contract, the consumer may submit a statement on price reduction or withdrawal from the contract when:

   • bringing the digital content or digital service into conformity with the contract is impossible or requires excessive costs;
   • the Service Provider has not brought the digital content or digital service into conformity with the contract;
   • the lack of conformity of digital content or digital service with the contract still occurs, despite the Service Provider’s attempt to bring the digital content or digital service into conformity with the contract;
   • the lack of conformity of digital content or digital service with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use by the consumer of the request for the Service Provider to bring the digital content or digital service into conformity with the contract;
   • from the Service Provider’s statement or circumstances it clearly appears that they will not bring the digital content or digital service into conformity with the contract within a reasonable time or without excessive inconvenience for the consumer.

7. The consumer cannot withdraw from the contract if the digital content or digital service is provided in exchange for payment of the price, and the lack of conformity of digital content or digital service with the contract is insignificant.

8. The Service Provider may make a change to the digital content or digital service that is not necessary to maintain its conformity with the contract only if the contract so provides and only for justified reasons indicated in this contract. However, the Service Provider cannot make a change to digital content or digital service provided in a one-time manner. The introduction of the change referred to in the previous sentence cannot involve any costs on the part of the consumer. The Service Provider is obliged to inform the consumer in a clear and understandable manner about the change being made.

9. If the change referred to in paragraph 8 significantly and negatively affects the consumer’s access to or use of the digital content or digital service, the Service Provider is obliged to inform the consumer in advance on a durable medium about the characteristics and timing of this change and the right to terminate the contract without notice within 30 days from the date of the change or notification of this change, if the notification took place later than this change. The consumer does not have the right to terminate the contract if the Service Provider has provided the consumer with the right to retain, at no additional cost, the digital content or digital service in accordance with the contract, in an unchanged state.

§11. User’s Responsibility for Content Posted by Them

1. User’s content means any text, graphic, audiovisual and other content that may be posted or presented by them in the Application in connection with using the services provided by the Service Provider.

2. By posting and sharing content, the User makes a voluntary distribution of content. The posted content does not express the views of the Service Provider and should not be identified with its activities. The Service Provider is not a content provider, but only an entity that provides appropriate ICT resources for this purpose.

3. The User declares that:

   • they are entitled to use the content, and its placement and sharing took place in a legal, voluntary manner and with the consent of authorized persons;
   • they agree to view the published content by other Users and the Service Provider.

4. The User is not entitled to:

   • post personal data of third parties or disseminate the image of third parties without the required legal permission or consent of the third party as part of using the services;
   • post advertising and/or promotional content as part of using the services.

5. The Service Provider is responsible for content posted by Users subject to receiving notification in accordance with §12 of the Regulations.

6. It is forbidden for Users to post content indicated in §6 paragraph 5 of the Regulations as part of using the services.

7. In case of receiving notification in accordance with §12 of the Regulations, the Service Provider reserves the right to modify or remove content posted by Users as part of their use of services, in particular in relation to content which, based on reports from third parties or relevant authorities, has been found to potentially violate these Regulations or applicable law.

8. The Service Provider does not conduct automated ongoing control of posted content.

§12. Reporting Threats or Rights Violations

1. The Service Provider has designated an electronic contact point related to the Application intended for direct communication with member state authorities, the Commission, the Digital Services Council: [email protected]. The same contact point can be used by the User for direct and quick communication with the Service Provider. Communication is conducted in Polish.

2. A User who considers content published in the Application to be illegal or violating the terms of the Regulations may send a report regarding this content to the Service Provider. The report can be made by using the functionalities available in the Application: “Report post”, “Report story”, “Report user”.

3. If the report contains electronic contact details of the User, the Service Provider without undue delay sends the User confirmation of receipt of the report.

4. The Service Provider considers the report and makes a decision regarding the content to which the report relates, in a timely manner (up to 14 days), non-arbitrary, objective and with due diligence.

5. The Service Provider notifies the User about the decision taken without undue delay. The Service Provider’s decision may consist of moderating the content or removing the content or leaving the content in the Application.

6. The User may appeal against the Service Provider’s decision within 14 days of receiving the justification for its removal. The appeal should contain a comprehensive justification. The Service Provider considers appeals within 14 days.

7. In the event that the Service Provider obtains any information giving grounds to suspect that a crime threatening the life or safety of a person or persons has been committed, is being committed or may be committed, it immediately informs the law enforcement authorities or judicial authorities of the interested Member State or Member States about its suspicion and provides all available information on this subject.

§13. Termination of the Contract for the Provision of Electronic Services

1. The User has the right to withdraw from the contract for the provision of electronic services of a continuous and indefinite nature. The User may terminate the contract at any time and without giving a reason.

2. In order to terminate the contract, the User is obliged to use the “Delete account” functionality available after logging into the Application, and then delete the Application from the memory of the mobile device (uninstall the Application).

3. In the event of violation of the provisions of these Regulations by the User, the Service Provider reserves the right to block access to the Application or completely remove the User. The activities referred to in the previous sentence are carried out by the Service Provider after prior calling on the User to cease violations, setting a deadline for this not shorter than 3 days and informing about the consequences of failure to comply with the call.

4. The User acknowledges that deleting the account in the Application as a result of termination or its blocking will result in lack of access to the Application, including the inability to use the subscription, which does not give rise to the User’s right to demand financial compensation from the Service Provider.

§14. Statutory Right to Withdraw from the Contract

1. A User who is a consumer has the right to withdraw from a distance contract or a contract concluded outside the Service Provider’s premises within 14 days from the day on which the contract was concluded. To meet the deadline, it is sufficient to send a statement to the address of the registered office or email address of the Service Provider.

2. In the event of withdrawal from the contract, it is considered not to have been concluded and the consumer is released from any obligations (except for the situation specified in paragraphs 3-4). Payments made by the consumer will be returned by the Service Provider in the same form in which the consumer made the payment, unless the consumer agrees to a refund in another way that will not cause additional charges for them. The refund is made within 14 days from the date of withdrawal from the contract.

3. In the case of full realization of the service by the Service Provider at the express request of the consumer before the expiry of the deadline for withdrawal from the contract, the right to withdraw from the contract expires.

4. The User acknowledges that the subscription is activated immediately after payment, which is associated with the inability to withdraw from the contract after its activation. However, the User may resign from renewing the subscription on the terms specified in the Regulations.

§15. Complaint Procedure

1. In the event of non-performance or improper performance by the Service Provider of services provided through the Application, the User is entitled to submit a complaint electronically to the address [email protected].

2. A properly submitted complaint should contain the User’s identification (name and surname and email address), the subject of the complaint along with an indication of the period to which the complaint relates and the circumstances justifying the submission of the complaint. In the case of providing incomplete data, the Service Provider will call the User to complete the data within 7 days.

3. The complaint is considered by the Service Provider within 14 days from the date of receipt of the complaint.

4. Lack of information about the method of considering the complaint within the period referred to in paragraph 3 is equivalent to its consideration by the Service Provider.

§16. Intellectual Property. License

1. All content placed in the Application (including graphics, texts, content layout and logos) and not coming from Users or third parties enjoy the protection provided for copyright and are the exclusive property of the Service Provider. Use of this content without the express consent of the Service Provider results in civil and criminal liability.

2. Using the Application, including the use of text materials, graphics, databases or other digital content, does not mean that the User acquires any rights in relation to the indicated content, and in particular does not mean the acquisition of property copyrights, related rights or licenses, subject to paragraph 4.

3. It is forbidden to undertake the following activities without the express consent of the Service Provider, unless these activities result from the specificity and purpose of the Service available in the Application:

   • copying, modifying and transmitting electronically or otherwise the Application or its parts, as well as individual content made available through it,
   • disseminating in any way the content published in the Application, unless otherwise stated in the Regulations,
   • downloading the content of databases and its secondary use in whole or in part.

4. At the moment of downloading the Application, the Service Provider grants the User a license to use the Application in accordance with its purpose, which includes the right to reproduce it only to the extent that reproduction is necessary to run, operate and store the Application in the memory of the Device.

5. The license referred to in paragraph 4 does not authorize the User to grant further licenses, moreover, the User has no right - in whole or in part - to reproduce (except for the case specified in paragraph 4), distribute, sell or otherwise market or distribute the Application, including transmitting or making available on the Internet, computer networks, mobile application distribution systems and in any other ICT systems.

§17. Final Provisions

1. The Service Provider reserves the right to introduce changes to the Regulations. The Service Provider will inform about the planned change of the Regulations at least fourteen days in advance by posting an appropriate message in the Application. The User’s use of the Application after the changes to the Regulations come into force means their acceptance by the User. A change to the Regulations during the duration of a continuous contractual relationship binds the other party if the requirements specified in Art. 384 of the Civil Code have been met, and the party has not terminated the contract within the notice period of 14 calendar days.

2. The Service Provider reserves the right to periodically disable access to the Application or selected functionalities of the Application in the event that it is necessary to expand or maintain the Service Provider’s technical or ICT resources related to the operation of the Application.

3. In other matters not regulated by the provisions of the Regulations, the relevant provisions of Polish law shall apply.

4. A User who is a consumer has the right to use out-of-court methods of dispute resolution and pursue claims through mediation or arbitration court. Regardless of this, the consumer may seek help from the municipal (district) consumer ombudsman. All necessary information can be obtained on the website of the Office of Competition and Consumer Protection at uokik.gov.pl. A User who is a consumer may also use the electronic method of resolving disputes with the Service Provider through the ODR platform available at ec.europa.eu/consumers/odr.

5. The Regulations are effective from July 14, 2024.