TERMS AND CONDITIONS OF THE V-TOOL OBD SCANNER APPLICATION

§1. General provisions

These Terms and Conditions (hereinafter: “Terms and Conditions”) define the terms and conditions of using the “V-Tool OBD Scanner” application (hereinafter: the “Application“) and the “v-tool.app” website (hereinafter: the “Website“), as well as the Services provided by the Service Provider as part of the Application.
The Terms and Conditions are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (hereinafter referred to as the “Act on the provision of electronic services“).
The Services within the Application are provided by “V-Garage Spółka z ograniczoną odpowiedzialnością” based in Łódź (registered office address: aleja Tadeusza Kościuszki 3, lok 4), registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for Łódź-Śródmieście in Łódź, Commercial Division XX of the National Court Register under the KRS number 0001113691, TIN PL7252345050, share capital 5000 PLN (hereinafter referred to as the “Service Provider“).
Contact with the Service Provider is possible by:
- e-mail – at the following address: support@v-tool.app
- traditional mail at the address: Aleja T.Kościuszki 3, lok.4, 90-418 Łódź, Poland
- phone: +48782274829

The information available in the Application and the Website about the Services provided by the Service Provider, in particular their descriptions, technical and functional parameters and remuneration rates, constitute an invitation to conclude a contract within the meaning of Article 71 of the Act of 23 April 1964 Civil Code (hereinafter referred to as the “Civil Code“).
Before using the Application and the Website, the Service Recipient is obliged to read the Terms and Conditions and the Privacy Policy.
The law applicable to the Terms and Conditions and the Agreements indicated therein shall be the Polish law. However, the choice of Polish law made in the preceding sentence does not deprive the Consumer of the protection resulting from the provisions of foreign law, which cannot be excluded by contract and which would apply in the absence of the choice of Polish law made in the preceding sentence.
The Service Provider represents and the Service Recipient acknowledges that:
1. The Application is in no way affiliated with or endorsed by car producers;
2. The Application is not a tool recommended by car producers to perform car diagnostics;
3. the names and designations of car models used in the Application are for information purposes only and are in no way intended to promote the activity of the Service Provider;
4. The Application does not use software used by car manufacturers;
5. the use of the Application does not replace the car diagnostic tests required by the applicable regulations.

§2. Definitions

Capitalized words used in the Terms and Conditions, which are not otherwise defined in the Terms and Conditions, shall have the following meanings:
1. Consumer – a natural person concluding a legal transaction with the Service Provider that is not directly related to his/her business or professional activity;
2. Non-compliance – it is understood as non-compliance of the Service with the Agreement (the criteria for assessing the compliance of the Service with the Agreement are set out in Article 43k(1)-(2) of the Consumer Rights Act);
3. Privacy Policy – a document containing information on the processing of personal data of Service Recipients by the Service Provider;
4. Agreement – Agreement for the provision of the Basic Service, the Agreement for the provision of the Premium Service or Single Premium Service Agreement;
5. Basic Service Provision Agreement – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to provide the Basic Service to the Service Recipient free of charge for an indefinite period of time, and the Service Recipient undertakes to provide the Service Provider with their personal data;
6. Premium Service Provision Agreement – an agreement for the provision of a digital service within the meaning of the Consumer Rights Act, under which the Service Provider undertakes to provide the Service Recipient with a premium Service for a specified period of time, and the Service Recipient undertakes to pay the Service Provider a fee. In addition, a Single Premium Service Agreement is distinguished, under which the Service Provider undertakes to perform a single Premium Service of the Service Recipient’s choice and the Service Recipient undertakes to pay a fee to the Service Provider;
7. Service – a digital service within the meaning of the provisions of the Consumer Rights Act, consisting in using it to perform car diagnostics. The Service may be provided by the Service Provider as a free Basic Service or a paid Premium Service (including Single Premium Service). The detailed scope of services covered by a given Service is each time presented to the Service Recipient in the Application before concluding the Agreement for the provision of this Service;
8. Service Recipient – a natural person who has concluded an Agreement with the Service Provider or has taken steps to conclude it;
9. Consumer Rights Act – the Act of 30 May 2014 on consumer rights.
Capitalized words used in the Terms and Conditions, which are not defined in paragraph 1 above, have the meaning given to them in the content of the Terms and Conditions.

§3. Technical requirements

In order for the Service Recipients to properly use the Website and the Services provided by the Service Provider by means of the Application, it is necessary to:
1. connection to the Internet;
2. having an OBDLink MX+, vLinker MC+ or other ELM327-compatible diagnostic interface (please reffer to the full list of compatible devices here);
3. in relation to the Website – the use of a web browser that enables the display of hypertext documents on the screen of the device, linked on the Internet by a web service and supports the JavaScript programming language, and also accepts cookies;
4. in relation to the Application – having a device with Android 8.0 or higher or iOS 12.0 or higher operating system and a Google account.
As part of the Application and the Website, it is forbidden for Service Recipients to use viruses, bots, worms or other computer codes, files or programs (in particular scripts and applications automating processes or other codes, files or tools).
The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational and technical measures, in particular to prevent third parties from accessing the data, including through the use end-to-end data transfer encryption.
The Service Provider informs that despite the application of the safeguards referred to in paragraph 3 above, the use of the Internet and services provided by electronic means may be at risk of malware getting into the ICT system and the Service Recipient’s device or gaining access to the data on this device by third parties. In order to minimize this threat, the Service Provider recommends the use of anti-virus programs or means to protect identification on the Internet.

§4. General rules for the use of the Application and the Website

The use of the Application requires its prior installation on the Service Recipient’s device.
The Application can be downloaded and installed on your device using either the Google Play application (owned by Google LLC) or the AppStore application (owned by Apple Inc.), hereinafter collectively referred to as the ‘Stores’ and each individually as a ‘Store’.
The Service Recipient is obliged to use the Application and the Website in a manner consistent with the provisions of generally applicable law, the provisions of the Terms and Conditions, as well as with good practice.
The provision of unlawful content by the Service Recipient is prohibited.
In the event of a violation of the Terms and Conditions, the Service Provider may call on the Service Recipient to remove it and set a deadline for this purpose not shorter than 7 (seven) days.
The Service Recipient using the Application is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider shall not be liable for the consequences of providing false or incomplete data by the Service Recipient.
The remuneration rates for Premium Services are expressed in the legal tender of the Service Recipient’s country of residence. If applicable, the remuneration is increased by the taxes and fees of the state of residence of the Service Recipient.
The Service Provider declares and the Service Recipient acknowledges that in order for the Services provided by the Service Provider to comply with the Agreement, the Service Recipient must install updates to the Application. Information about available applications is published in the Store through which you installed the Application.
The Service Provider is obliged to provide the Service Recipient with updates of the Application throughout the term of the Agreement.
The Service Provider shall not be liable for the Non-Compliance if its occurrence is the result of the Service Recipient’s failure to install a properly delivered update of the Application within a reasonable time.
The Application contains copyrighted material, proprietary code and other proprietary materials. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile the Application. Nor can you create any derivative works or other works that are based upon or derived from the Application in whole or in part.

§5. Basic Service Agreement

In order to conclude the Agreement for the provision of the Basic Service, the Service Recipient should perform the following actions:
1. launch the Application;
2. click on “Connect” button or enter “Subscriptions” page
3. register in the Application using your Google or Apple account.
4. it is obligatory to tick the checkbox next to the declaration of reading the Terms and Conditions and the Privacy Policy and accepting their provisions;
The Service Recipient obtains access to the Basic Service immediately after registration in the Application. Registration is tantamount to concluding the Agreement for the provision of the Basic Service by the Service Recipient.
As part of the Basic Service, the Service Recipient may use in particular the following functionalities:
- reading the car’s configuration;
- reading the Diagnostic Trouble Codes (DTCs) of recorded errors concerning the car;
- calibrating and programming certain components of the car;
- generate and download reports containing data collected by the Application.
If the Service Recipient is not granted access to the Basic Service immediately after concluding the Basic Service Agreement, the Service Recipient calls on the Service Provider to immediately grant access to the Basic Service. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. In the event that the Service Provider does not grant the Service Recipient access to the Basic Service immediately after receiving the request referred to in the preceding sentence, the Service Recipient may withdraw from the Agreement for the provision of the Basic Service.
Notwithstanding the provisions of section 4 above, if the Service Recipient is not granted access to the Basic Service, the Service Recipient may withdraw from the Agreement for the provision of the Basic Service without calling on the Service Provider to grant access to the Basic Service, if at least one of the cases indicated in Article 43j(5) of the Consumer Rights Act occurs.
Notwithstanding the provisions of paragraphs 4-5 above, the Service Recipient may terminate the Agreement for the provision of the Basic Service at any time and without giving any reason with immediate effect.
Withdrawal from the Agreement for the provision of the Basic Service by the Service Recipient or its termination, regardless of the basis for this action, shall take place by submitting to the Service Provider a statement of withdrawal from the Agreement for the provision of the Basic Service or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions. The Service Provider shall remove the Service Recipient’s data from the Application immediately upon receipt of the statement referred to in the preceding sentence.
The Service Recipient may also perform the actions referred to in paragraph 7 above by deleting the account from the Application.
In the event of a breach of the provisions of the Terms and Conditions by the Service Recipient and failure to remedy this breach despite receiving a notice referred to in § 4 section 5 of the Terms and Conditions, the Service Provider may terminate the Agreement for the provision of the Basic Service with a notice period of 7 (seven) days, by submitting a notice of termination to the Service Recipient via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Service Provider deletes the Service Recipient’s data from the Application. During the notice period, the Service Provider may block the Service Recipient’s access to the Basic Service if it is necessary to prevent further violations by the Service Recipient

§6. Premium Service Agreement

The conclusion of the Agreement for the provision of the Premium Service requires the prior conclusion of the Agreement for the provision of the Basic Service.
The Premium Service is available in four versions:
- Garage License for 1 car – under this version, the Service Recipient may use the Premium Service in respect of one car;
- Garage License for 2 car – under this version, the Service Recipient may use the Premium Service in respect of two cars;
- Garage License for 3 car – under this version, the Service Recipient may use the Premium Service in respect of three cars;
- Pro Garage License – under this version, the Service Recipient may use the Premium Service for an unlimited number of cars.
To conclude the Agreement for the provision of the Premium Service, the Service Recipient should perform the following actions:
1. launch the Application;
2. go to the „Subscriptions” page and select a Premium Service;
3. confirm the extension of the Application to the Premium Service by pressing “Subscribe” button in the popup window;
4. pay for the Premium Service using the Store functionality.
The payment for the Premium Service shall be deemed to constitute the Service Recipient’s declaration of consent to the commencement of the provision of the Premium Service before the expiry of the deadline for withdrawal from the Premium Service Agreement.
As soon as the Store has confirmed payment for the Premium Service, the Service Provider grants the Service Recipient access to the Premium Service.
Upon granting the Service Recipient access to the Premium Service, a Premium Service Agreement is concluded between the Service Provider and the Service Recipient.
The contract for the provision of the Premium Service is concluded for a definite period of time, indicated in the description of the Premium Service selected by the Service Recipient.
As part of the Premium Service, the Service Recipient may use in particular the following functionalities:
1. reading the car’s configuration;
2. reading the Diagnostic Trouble Codes (DTCs) of recorded errors concerning the car;
3. real-time reading of car parameters;
4. calibrating and programming certain components of the car;
5. generate and download reports containing data collected by the Application.
The Service Recipient who has purchased a particular version of the Premium Service may change it to another version of the Premium Service. The change referred to in the preceding sentence shall be made by the Service Recipient via the functionality of the Application and in accordance with the rules of the Store from which the Service Recipient downloaded the Application.
If the Service Recipient is not granted access to the Premium Service within the time limit specified in section 5 above, the Service Recipient calls on the Service Provider to immediately grant access to the Premium Service. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. In the event that the Service Provider does not grant the Service Recipient access to the Premium Service immediately after receiving the request referred to in the preceding sentence, the Service Recipient may withdraw from the Agreement for the provision of the Premium Service.
Notwithstanding the provisions of section 10 above, if the Service Recipient is not granted access to the Premium Service, the Service Recipient may withdraw from the Agreement for the provision of the Premium Service without calling on the Service Provider to grant access to the Premium Service, if at least one of the cases specified in Article 43j(5) of the Consumer Rights Act occurs.
In order to withdraw from the Premium Service Agreement under paragraphs 10-11 above, the Service Recipient should deactivate the Premium Service using the functionality of the Application and in accordance with the rules of the Store from which the Service Recipient downloaded the Application.
In the event that Service Recipient withdraws from the Premium Service Agreement pursuant to paragraphs 10-11 above, Service Provider shall immediately suspend the Premium Service and order a refund of the fees paid by Service Recipient within 14 (fourteen) days. Reimbursement will be made using the functionality of the Store through which the Service Recipient installed the Application.
In the event of a breach of the provisions of the Terms and Conditions by the Service Recipient and failure to remedy this breach despite receiving a notice referred to in § 4 section 5 of the Terms and Conditions, the Service Provider may terminate the Agreement for the provision of the Premium Service with a notice period of 7 (seven) days, by submitting a notice of termination to the Service Recipient via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Service Provider deletes the Service Recipient’s data from the Application. During the notice period, the Service Provider may block the Service Recipient’s access to the Premium Service if it is necessary to prevent further violations by the Service Recipient.
In the event of termination of the Agreement for the provision of the Premium Service by the Service Provider, the Service Provider shall reimburse the Service Recipient for a part of the remuneration proportional to the amount of time not used by the Service Recipient using the Premium Service. The refund shall be made within 14 (fourteen) days from the date of termination of the Agreement for the provision of the Premium Service by the Service Provider.

§7. Single Premium Service Agreement

The conclusion of the Agreement for the provision of the Single Premium Service (also later called In-App Product) requires the prior conclusion of the Agreement for the provision of the Premium Service.
The current list of Single Premium Services with their prices is available within the Application.
To conclude the Agreement for the provision of the Single Premium Service, the Service Recipient should perform the following actions:
1. launch the Application;
2. have active Premium Service subscription (see § 6 for details);
3. select an In-App Product (Single Premium Service);
4. confirm the purchase of a In-App Product (Single Premium Service) in a pop up window;
5. pay for the In-App Product (Single Premium Service) using the Store functionality.
The payment for the Single Premium Service shall be deemed to constitute the Service Recipient’s declaration of consent to the commencement of the provision of the Single Premium Service before the expiry of the deadline for withdrawal from the Single Premium Service Agreement.
Upon confirmation by the Store of the payment for the Single Premium Service:
1. an Agreement for the provision of the Single Premium Service is concluded between the Service Provider and the Service Recipient;
2. the Service Provider enables the Service Recipient to use the Single Premium Service.
Upon successful payment In-App Product is immediately delivered by the application. Once the In-App Product successfully delivered, and due to the fact that it is a digital service, the Customer does not have the right to withdraw from the agreement or demand refund.
If the Service Recipient is unable to use the Single Premium Service despite correct payment, the Service Recipient is entitled to a refund of the payment made for the Single Premium Service. The refund of the payment is made automatically, using the functionality of the Store.

§8. Right of withdrawal

Pursuant to Article 27 et seq. of the Consumer Rights Act, the Service Recipient has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
The Service Recipient exercises the right to withdraw from the Agreement by submitting to the Service Provider a statement of withdrawal from the Agreement (hereinafter referred to as the “Statement“). In order to meet the deadline for withdrawal from the Agreement, it is sufficient to send the Statement before the expiry of the deadline referred to in paragraph 1 above.
The statement may be submitted by the Service Recipient on the form constituting Appendix No. 2 to the Consumer Rights Act. However, Service Provider recommends that the Statement be made using the functionality of the Application and in accordance with the rules of the Store from which Service Recipient downloaded the Application.
The Service Provider shall immediately confirm receipt of the Statement by e-mail to the Service Recipient.
The Service Provider informs and the Service Recipient acknowledges that the right to withdraw from the Agreement referred to in this paragraph is not vested in the Service Recipient in relation to the Agreement which has been fully performed by the Service Provider (pursuant to Article 38(1)(1) of the Consumer Rights Act).
If the Service Recipient exercises the right to withdraw from the Agreement for the provision of the Premium Service, which has not been fully performed, the Service Provider shall be entitled to remuneration for the services provided to the Service Recipient until the Recipient withdraws from the Agreement for the provision of the Premium Service. The amount of remuneration due to the Service Provider is calculated in proportion to the period of use of the Premium Service by the Service Recipient, taking into account the remuneration provided for in the Agreement for the provision of Premium Service.
If the Service Recipient exercises the right to withdraw from the Agreement for the provision of the Premium Service, which has not been fully performed, the Service Provider shall return to the Service Recipient the remuneration paid by the Service Recipient less the remuneration calculated in accordance with section 6 above within 14 (fourteen) days from the date of receipt of the Statement. Reimbursement will be made using the functionality of the Store through which the Service Recipient installed the Application.

§9. Complaints

The Service provided to the Service Recipient by the Service Provider must be in accordance with the Agreement throughout the entire period of providing the Service.
The Service Provider shall be liable for any Non-Compliance disclosed during the period of provision of the Service.
In the event of disclosure of Non-Conformities, the Service Recipient may file a complaint with a request to bring the Service into compliance with the Agreement.
The complaint shall be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
The complaint should include:
- name and surname of the Service Recipient;
- e-mail address;
- a description of the Disclosure;
- request that the Service be brought into conformity with the Agreement.
The Service Provider may refuse to bring the Service into compliance with the Agreement if this is impossible or would require the Service Provider to incur excessive costs.
After considering the complaint, the Service Provider provides the Service Recipient with a response to the complaint, in which:
1. acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the Agreement;
2. refuses to bring the Service into compliance with the Agreement for the reasons set out in section 6 above;
3. rejects the complaint on the ground that it is unfounded.
The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
If the complaint is accepted, the Service Provider shall, at its own expense, bring the Service into compliance with the Agreement within a reasonable time from the date of receipt of the complaint and without undue inconvenience to the Service Recipient, taking into account the nature of the Service and the purpose for which it is used. The Service Provider shall indicate the planned date of bringing the Service into compliance with the Agreement in its response to the complaint.
Subject to section 11 below, in the event of disclosure of Non-Compliance, the Service Recipient may submit to the Service Provider a statement on reduction of remuneration or withdrawal from the Agreement, when:
1. bringing the Service into conformity with the Agreement is impossible or requires excessive costs;
2. The Service Provider has not brought the Service into compliance with the Agreement in accordance with section 9 above;
3. The non-compliance continues even though the Service Provider has attempted to bring the Service into compliance with the Agreement;
4. The non-compliance is so significant that it justifies withdrawal from the Agreement for the provision of a given Service without prior request from the Service Provider to bring the Service into compliance with the Agreement;
5. it is clear from the Service Provider’s statement or circumstances that the Service Provider will not bring the Service into conformity with the Agreement within a reasonable time or without undue inconvenience to the Service Recipient.
The Service Recipient may not submit a statement of reduction of remuneration to the Service Provider if the complaint relates to the Basic Service.
A statement on reduction of remuneration or withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Terms and Conditions.
A statement on reduction of remuneration or withdrawal from the Agreement should include:
1. name and surname of the Service Recipient;
2. e-mail address;
3. the date on which the Service began to be provided;
4. a description of the Disclosure;
5. indication of the reason for submitting the statement, selected from among the reasons indicated in section 10 above;
6. a statement of reduction of remuneration (together with an indication of the reduced remuneration) or a statement of withdrawal from the Agreement.
The Service Provider is not entitled to demand payment for the time during which the Service was inconsistent with the Agreement, even if the Service Recipient used the Service before withdrawing from the Agreement.
The reduced remuneration must be in proportion to the remuneration under the Agreement in proportion to the value of the Service not in accordance with the Agreement.
The Service Provider shall order the reimbursement of the amounts due to the Service Recipient resulting from the exercise of the right to reduce the remuneration or withdraw from the Agreement immediately, but no later than within 14 (fourteen) days of receipt of the declaration of reduction of remuneration or withdrawal from the Agreement. Reimbursement will be made using the functionality of the Store through which the Service Recipient installed the Application.
The Service Recipient may not withdraw from the Agreement if the Non-Conformity is insignificant.
In the event of withdrawal from the Agreement by the Service Recipient, the Service Provider shall prevent the Service Recipient from accessing the Service immediately upon receipt of the statement of withdrawal from the Agreement.
Pursuant to Article 34(1a) of the Consumer Rights Act, in the event of the Service Recipient withdrawing from the Agreement, the Service Recipient is obliged to cease using the Service.

§10. Responsibility

The Service Provider shall not be liable for disruptions in the operation of the Application resulting from:
1. force majeure;
2. actions of third parties for which the Service Provider is not responsible.
3. reasons attributable to the Service Recipient.
The Service Provider shall not be liable for the consequences of a third party gaining access to the Service if such a person has gained access to the Service for reasons beyond the Service Provider’s control, in particular as a result of the Service Recipient disclosing to that person the data enabling access to the Service.

§11. Out-of-court dispute resolution

The provisions of this § 11 apply only to Service Recipients who are Consumers.
The Service Recipient has the option of using out-of-court complaint handling and redress procedures.
Detailed information on the possibility of using out-of-court complaint and redress procedures by the Service Recipient and the rules of access to these procedures are available at the registered offices and on the following websites:
1. district (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
2. Provincial Trade Inspection Inspectorates;
3. Office of Competition and Consumer Protection.
The Service Recipient may also use the Online Dispute Resolution (ODR) Application available at: http://ec.europa.eu/consumers/odr/.
The Service Provider informs that unless such an obligation results from mandatory provisions of law, it does not use out-of-court methods of handling complaints and pursuing claims. In addition, the Service Provider does not undertake to use the ODR Application referred to in section 4 above.

§12. Intellectual property

All components of the Application and the Website, in particular:
1. the name of the Application and the Website;
2. the logo of the Application and the Website;
3. photos and descriptions;
4. principles of operation of the Application, all its graphic elements, interface, software, source code and databases

– are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 on Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, and other provisions of generally applicable law, including the provisions of the European Union law.

Any use of the Service Provider’s intellectual property without its prior express permission is prohibited.

§13. Processing of personal data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://v-tool.app/privacy-policy/.

§14. Changing the Service

The Service Provider may change the Service in the event of:
1. the necessity to adapt the Service to newly created devices or software used by the Service Recipients to use the Service;
2. the Service Provider decides to improve the Service by adding new functionalities or modifying existing functionalities;
3. legal obligation to make changes, including the obligation to adapt the Service to the current legal status.
Changing the Service may not entail any costs on the part of the Service Recipient.
The Service Provider informs the Service Recipients about the change of the Service by placing a message in release notes on Google Play and AppStore informing about the changes. Regardless of the change, information about the change may be sent to the Service Recipients by e-mail.
If the change of the Service will significantly and negatively affect the Service Recipient’s access to the Service, the Service Provider is obliged to inform the Service Recipients about:
1. the characteristics and timing of the amendment and
2. the Service Recipient’s right to terminate the Agreement with immediate effect within 30 (thirty) days of the change.
The information referred to in paragraph 4 above shall be sent by the Service Provider to the Service Recipients by e-mail, no later than 7 (seven) days before the change is made.
Termination of the Agreement by the Service Recipient pursuant to section 4 point 2 above shall take place by submitting to the Service Provider a statement of termination of the Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
Immediately upon receipt of the statement referred to in section 6 above, the Service Provider shall delete the Service Recipient’s data from the Application.
In the event that the termination relates to the Agreement for the provision of the Premium Service, the Service Provider shall reimburse the Service Recipient for a part of the remuneration proportional to the amount of time not used by the Service Recipient using the Premium Service. The refund shall be made within 14 (fourteen) days from the date of receipt by the Service Provider of the statement referred to in section 6 above.

§15. Amendment of the Terms and Conditions

The Service Provider may amend the Terms and Conditions in the following cases:
1. changes in the subject of the Service Provider’s business;
2. commencement of the provision of new services by the Service Provider, modification of the services provided so far or discontinuation of their provision;
3. make a technical modification of the Application or the Website, requiring the adaptation of the provisions of the Terms and Conditions to them;
4. legal obligation to make changes, including the obligation to adapt the Terms and Conditions to the current legal status.
The Service Recipients will be informed about the amendment to the Terms and Conditions by publishing its amended version within the Application and the Website. The information referred to in the preceding sentence will include a link to save the amended Terms and Conditions on the Service Recipient’s device.
The Service Recipient who does not agree to the amendment of the Terms and Conditions may terminate the Agreement with immediate effect within 10 (ten) days from the date of receipt of information about the amendment to the Terms and Conditions. Failure to terminate the Agreement within the period specified in the preceding sentence shall be deemed to be consent to the amendment of the Terms and Conditions.
Termination of the Agreement shall take place by submitting a notice of termination to the Service Provider by the Service Recipient. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
Immediately upon receipt of the statement referred to in section 4 above, the Service Provider shall delete the Service Recipient’s data from the Application.
In the event that the termination relates to the Agreement for the provision of the Premium Service, the Service Provider shall reimburse the Service Recipient for a part of the remuneration proportional to the amount of time not used by the Service Recipient using the Premium Service. The refund shall be made within 14 (fourteen) days from the date of receipt by the Service Provider of the statement referred to in section 4 above.

§16. Final provisions

The current version of the Terms and Conditions is effective from 2024-08-01.