§ 1. Definitions

  1. App – the Service Provider’s application (software) through which the Service Provider performs Services for the User
    that involve providing information about Products within the scope chosen by the User, i.e., within Free Access or
    Premium Access.
  2. Free Access – the service (including the making available of an account in the App) performed electronically by the
    Service Provider for the User free of charge within the scope detailed in the Store and in the App.
  3. Premium Access – Premium Access – the service performed electronically by the Service Provider for the User in return for a payment,
    which involves giving the User access to all the functions available in the App, as detailed in the Store and in the
    App.
  4. Consumer – the user of the App who is a consumer.
  5. Store – the online stores of Google Play and App Store, from which the User downloads the App.
  6. Recurring Payment – a form of payment for the Premium Access subscription, i.e., a renewable subscription paid for via
    Google Play or Apple App Store (in accordance with the subscription type and duration chosen).
  7. Product(s) – withdrawn, dangerous, or health-threatening products about which information will be available in the App
    in the form of notifications or results of searches conducted by the User.
  8. Rules – these rules, which also constitute the rules for the provision of services by electronic means, available in the
    App.
  9. Services – Free Access and Premium Access.
  10. Service Provider – Getwise sp. z o.o. with its registered office in Warsaw at Aleje Ujazdowskie 22 lok 18 (00-478),
    entered into the National Court Register – register of entrepreneurs – by the District Court for the Capital City of
    Warsaw, 14th Commercial Division of the National Court Register (KRS) at number: 0000803910, Tax Identification Number
    (NIP): 1231449568, National Business Register Number (REGON): 384372971, with a share capital of PLN 12,500, which
    provides the Services.
  11. User – any entity that uses the App.

§ 2. Contact details

  1. Address: Getwise sp. z o.o., Aleje Ujazdowskie 22/18, 00-478 Warsaw
  2. E-mail: [email protected]

§ 3 General provisions

  1. These Rules lay down the principles of the electronic performance of Services by the Service Provider.
  2. The text of the Rules is available in the App and may be saved in any way by the User.
  3. Detailed information about the App can be found in the Store and in the App
  4. The User should use the App respecting the principles of social coexistence and in accordance with the law. Users are
    prohibited from providing unlawful content.
  5. Access to the App is given via the Store. Therefore, access to the App is given to the User on the terms applicable at
    the specific Store, whereas the Services are provided through the App in accordance with the principles laid down in
    these Rules.

§ 4 Technical requirements

  1. The app is intended for mobile devices running on:
    • Android version 6.1.2 and later,
    • iOS version 12.3 and later.
  2. The App can only be downloaded via the relevant Stores, that is:
    • Google Play for the Android system,
    • App Store for the iOS system.
  3. In order to use the App, the User should:
    • have a mobile device (e.g. a smartphone, a tablet),
    • ensure access to the Internet,
    • have a sufficient amount of free space (as indicated in the Store) on the device on which he/she intends to install the
      App,
    • download the App from the relevant Store indicated in para. 2 and install it on his/her mobile device,
    • launch the installed App.
  4. The costs of transmission of data needed for downloading/using the App are borne by the App Users on their own, at the
    rates specific to their network provider / Internet service provider.
  5. After the Rules of the App have been accepted and the App has been logged into for the first time, the agreement on the
    provision of Free Access is concluded between the User and the Service Provider for an indefinite period of time.

§ 5 Using the App

  1. The User specifies – subject to para. 4 – the country from which Products the User wishes to receive notifications
    about. The option to select notifications concerning more than one country is available within Premium Access.
  2. Detailed information about the functions of the App, in particular, the differences between Free Access and Premium
    Access, can be found in the App and on the website.

§ 6 Free Access

  1. In order to gain Free Access, the App must be downloaded from the Store and launched.
  2. After the App has been launched and after the Rules and the Privacy Policy have been accepted, the agreement on the
    provision of Free Access is concluded for an indefinite period of time.
  3. Uninstalling the App from the device is tantamount to terminating the agreement on the provision of Services.

§ 7 Premium Access

  1. In order to gain Premium Access, the User should first gain Free Access.
  2. The use of Premium Access, i.e. the renewable subscription paid for via Google Play / Apple App Store, begins upon
    making a payment via Google Play / Apple App Store or via a third party who acts as the payment processor.
  3. The payment for the monthly renewable subscription to the Mobile App will be collected from the Google Play / Apple App
    Store account or through applications made available by other entities acting as payment processors, in accordance with
    the type of the Renewable Subscription chosen by the User.
  4. If the Subscription is not cancelled at least 24 hours before the end of the current settlement period, it will be
    automatically renewed.
  5. Within 24 hours before the end of the current settlement period, the account of the User of the Renewable Subscription
    will be charged the relevant amount for renewal, as long as the User of the Renewable Subscription does not cancel it.
  6. The User of the Renewable Subscription may manage his/her subscriptions and cancel automatic renewals at any time
    through the subscription preferences in his/her Google Play / Apple App Store account settings.
  7. The Service Provider reserves the right to modify the types, durations, and prices of the offered subscriptions. In such
    a case, the User of the Renewable Subscription has the right to cancel the extension of the renewable subscription by
    subsequent periods; the current period (until its end) will be subject to the previous principles.
  8. Pursuant to the provisions of art. 38 para. 13 of the Consumer Rights Act of 13 May 2014 (Journal of Laws 2014, item
    827, as amended), if the performance of the service started with the express consent of the consumer (User of the
    Renewable Subscription) before the expiry of the deadline for withdrawal from the agreement and after informing him/her
    about the loss of the right to withdraw from the agreement, the User of the Renewable Subscription has no possibility to
    withdraw from the Service Provider’s performance of the service under the renewable subscription. Given the fact that
    the performance of the renewable subscription fulfils the characteristics indicated in the preceding sentence, i.e.,
    starts with the express consent of the consumer (User of the Renewable Subscription) before the expiry of the deadline
    for withdrawal from the agreement, the Service Provider excludes the right to withdraw from the agreement within the
    meaning of the preceding sentence; however, taking into consideration the provisions of the policies and terms of Google
    Play / Apple App Store, the Service Provider allows for the possibility of cancelling the choice made by the User within
    48 hours of the date of purchase of the renewable subscription, as long as this is possible and acceptable through the account of the User of the Renewable Subscription
    on Google Play / Apple App Store.
  9. A User who uses Free Access for the first time is able to use Premium Access free of charge for 7 days (“Trial Period”).
    After the Trial Period ends, the service is continued as Premium Access.

§ 8 Complaints

  1. The Service Provider is obliged to provide the Services faultlessly.
  2. If there are doubts about the Services provided, the User may lodge a complaint using the Service Provider’s details
    listed in § 2 of the Rules.
  3. The Service Provider will review the complaint within 14 days of receiving it.

OUT-OF-COURT WAYS OF DEALING WITH COMPLAINTS AND OF PURSUING CLAIMS

  1. If the complaint procedure does not produce the result expected by the Consumer, he/she may resort to (among
    other things):

    • mediation conducted by the territorially competent Voivodeship Trade Inspection Authority (WIIH), to which an
      application for mediation must be submitted. Usually, the procedure is free of charge. The list of Inspection
      Authorities can be found here:
    • https://www.uokik.gov.pl/wazne_adresy.php#faq595.
    • sistance from a territorially competent Permanent Consumer Arbitration Court attached to the Voivodeship Trade
      Inspection Authority, to which an application for hearing the case before the arbitration court must be
      submitted. Usually, the procedure is free of charge. The list of courts is available at:
      https://www.uokik.gov.pl/wazne_adresy.php#faq596.
    • free assistance from the municipal or county consumer ombudsman.
    • the Online Dispute Resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 9 Personal data

  1. The Service Provider is the controller of the personal data provided by the User while using the App.
    Detailed information about the Service Provider’s processing of personal data (including
    information about other purposes and grounds for data processing, as well as the recipients of data) can
    be found in the Privacy Policy that is available in the App, in accordance with the principle of
    transparency referred to in the Regulation (EU) of the European Parliament and of the Council on the
    protection of data – “the GDPR”.
  2. The purpose of processing the User’s data by the Service Provider, as provided by the User in
    connection with the App, and, in particular, in connection with the services available in the App, is to
    provide the Services. The basis for the processing of personal data in this case is:

    • the agreement on the provision of services, or the actions undertaken at the User’s request
      aimed at concluding it (article 6.1.b of the GDPR),
    • for paid services – the legal obligation burdening the Service Provider with regard to
      accounting (article 6.1.c), and
    • the Service Provider’s legitimate interest, that is, the processing of data for the purpose of
      determining, pursuing, or defending any possible claims (article 6.1.f of the GDPR).
  3. The User’s data provided in connection with the App will be processed until:
    • the Service Provider ceases to be under the legal obligation requiring the Service Provider to
      process the User’s data – if the basis for the processing of the personal data is the
      Service Provider’s legal obligation;
    • the end of the period in which the User or the Service Provider may pursue claims with regard to the
      agreement on the provision of Services;
    • acceptance of the User’s objection to the processing of his/her personal data – if the
      basis for the processing of the data was the Service Provider’s legitimate interest – depending on what is applicable in the given case and what happens the latest.
  4. The User has the right to request:
    • access to his/her personal data,
    • rectification thereof,
    • erasure thereof,
    • restriction of the processing thereof,
    • they be transmitted to another controller, as well as the right to:
      • object, at any time, to the processing of the data for reasons related to a special situation of the User
        – with regard to the processing of personal data of the User based on article 6.1.f of the GDPR (i.e.
        based on the legitimate interests pursued by the controller).
  5. In order to exercise his/her rights, the User should contact the Service Provider using the details provided in
    § 2 of the Rules.
  6. If the User comes to a conclusion that his/her data are processed unlawfully, the User may lodge a complaint
    with the President of the Personal Data Protection Office.

§ 10 Final provisions

  1. In matters not provided for in the Rules, the common provisions of the Polish law shall apply.
  2. In the event of any dispute with a User who is not a Consumer, the competent court shall be the
    court having jurisdiction over the Service Provider’s registered office.
  3. The Service Provider communicates with Users in Polish or English, depending on the User’s choice.
  4. The Service Provider has the right to make changes to the Rules. Amendments to the Rules will come into force within 7
    days of their publication in the Mobile App. Publication takes place by updating the provisions found under the relevant
    link in the Account section of the Mobile App. By using the Mobile App, the User of the Renewable Subscription each time
    accepts the provisions of the latest version of the Rules. The User of the Renewable Subscription has the right to
    reject the new text of the Rules, in which case he/she is obliged to notify the Service Provider. Such a notification is
    tantamount to a resignation of the User of the Renewable Subscription from using the Mobile App; the User of the
    Renewable Subscription should then resign from renewing the subscription for subsequent settlement periods.
  5. If the User does not object to the planned amendments until they come into force, it is assumed that he/she
    accepts them.
  6. If the User does not accept the planned amendments, he/she should delete the account in the App and uninstall it
    from the device. Removing the account and uninstalling the App from the device is tantamount to terminating the
    agreement on the provision of Services.