I. DEFINITION

1. The terms used in the Terms and Conditions shall have the following meanings:
   a) Application – NOTINFY’s mobile application that can be downloaded and used on Mobile Devices.
   b) Account – an individualized part of the Application, identified by the User’s login and provided with a password set individually by the User.
   c) Consumer – a User who is a natural person who enters into a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
   d) Entrepreneur – a User, who is not a Consumer, who concludes a Service Agreement with the Service Provider for a purpose directly or indirectly related to their business or professional activity.
   e) NOTINFY website – the NOTINFY website available at https://notinfy.com/.
   f) Mobile Device – a mobile electronic device (such as a smartphone or tablet) operating based on the Android and iOS operating systems.
   g) Services – all functionalities of the Application made available by the Service Provider, constituting services provided electronically.
   h) User – a Consumer and Entrepreneur who has registered and created an Account in the Application. The User obtains access to the Account using the Login and the associated Password.
   i) NOTINFY/Service Provider –……………………………………………………………………………….

II. GENERAL

1. The app is owned by Filip Uherek.
2. These Terms and Conditions define the general terms and conditions of providing services through the NOTINFY Application.
3. These Terms will apply whenever you use our Mobile Application or website. By using our App, you confirm that you accept these terms and agree to abide by them.
4. These Terms and Conditions are always available on the website https://notinfy.com/terms/ or in the Mobile Application, which allows you to download, display and save their content by printing or saving them on a data carrier at any time.
5. NOTINFY is an application that aims to send and present information based on the User’s location. The information that the User will receive or have access to is information about places from various categories (bars, restaurants, places to visit and others) presented to the User at a distance from the place where he is currently located, as well as promotional information such as advertisements, discounts, and other notifications in the form of alerts. If you download our mobile application and activate or consent to the location-based service, you provide us with information about your location and the device you are using, as well as an identifier that can be specifically assigned to your end device.
6. The User acknowledges that 100% availability of the Services is not technically feasible. However, we will make every effort to ensure that the website and services are available in the most permanent way possible.
7. The Service Provider makes no warranties or representations of any kind, express, statutory, or implied, as to the availability of telecommunications services from the provider or access to the services at any time or from any location or any loss or damage related to the services.
8. The User is responsible for the accuracy and timeliness of the data provided on the profiles in the mobile application.
9. The User agrees to share his/her photos and other information on his/her social media profiles with the Service Provider for the purpose of promoting the application.
10. The User undertakes to use the services provided by the Service Provider in a manner consistent with the law and the provisions of the Terms and Conditions.
11. The user is not entitled to:
    a) posting personal data of third parties as part of the use of the Services and disseminating the image of third parties without the legally required permission or consent of the third party.
    b) posting advertising and/or promotional content as part of the use of the Services.
    c) posting content that links to other websites.
    d) posting content that relates to the Services or activities of a competitive nature to the Service Provider’s business.
    e) posting content that incites violence, hatred, discrimination on any grounds, including gender, sexual, national, ethnic, racial, or religious differences.
    f) posting sexually explicit content.
    g) posting content that contains profanity or other offensive content.
    h) posting content that constitutes an attempt at fraud or any other activity prohibited by law.
    i) posting content that infringes copyright or someone else’s personal rights.
    j) posting content that violates other provisions of generally applicable law.
    
    
12. The User declares that:
    a) is entitled to use copyrights, industrial property rights and/or related rights to – respectively – works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that make up the content.
    b) placing and making available as part of the Services, personal data, image and information concerning third parties was made legal, voluntary and with the consent of the persons concerned.
    c) agrees to access the published content by other Users and the Service Provider, as well as authorizes the Service Provider to use it free of charge in accordance with the provisions of these Terms and Conditions.
    d) agrees to make adaptations of works within the meaning of the Act on Copyright and Related Rights.
    
    

III. TECHNICAL REQUIREMENTS

1. The proper functioning of the Application and the use of the Services offered by the Service Provider is possible provided that the User meets certain technical conditions:
   a) has a mobile device equipped with Android 5.0 or higher and iOS version 15.0 that is constantly connected to the Internet.
   b) access to e-mail.
   c) providing location.
   
   
2. An active Internet connection is necessary for the launch and proper operation of the Application. The Service Provider is not a data transmission service provider. The costs of data transmission required to download, install, launch, and use the Application shall be covered by the Users on their own under agreements concluded with telecommunications operators or other Internet providers. The Service Provider shall not be liable for the amount of fees charged for the use of data transmission necessary to use the Application. The Service Provider recommends that the Users of the Application use the Application or the functions of the operating system consisting in the measurement of the transmitted data.
3. The NOTINFY app is available for download from online mobile app stores (e.g. Apple App Store or Google Play).
4. The application is downloaded in accordance with the rules set out by the stores: Google Play (for Android), AppStore (for iOS).
5. Downloading and installing from the App is free of charge, subject to data transmission costs.
   
   

IV. REGISTRATION

1. The User is registered by creating an Account. An Account is created in the mobile application in one of the following ways:
   a) using the registration form, which requires the provision of an e-mail address and a password.
2. For security reasons, it is recommended to use so-called strong passwords (consisting of at least 8 characters, including lowercase or uppercase letters, numbers, special characters), update them periodically, and avoid using the same passwords to log in to different websites or portals on the Internet.
3. The User undertakes to take reasonable and adequate security measures to the existing threats, by securing the User Account against its unauthorized use, including by properly securing the Devices having access to the User Account.
4. The User undertakes to immediately inform NOTINFY of any unauthorized use of the User Account or any suspicion of such use.
5. Registration data and personal information about you are subject to our Privacy Policy.
6. In the case of the User, the Agreement for the provision of the service consisting in maintaining the Account in the Application is concluded for an indefinite period and is terminated by using the “Delete Account” button in the Application.
7. The Agreement for the provision of Services is concluded in Polish/English.
8. The Service Provider may terminate the Service Agreement for the following important reasons:
   a) the manner of using the Electronic Services is contrary to the principles and purpose of the mobile application.
   b) the User’s activity is contrary to the applicable moral norms, incites violence or committing a crime, as well as if it violates the rights of third parties.
9. A statement of termination of the Service Agreement submitted by the Service Provider shall be sent to the e-mail address provided by the Client with a 14-day notice period and shall be tantamount to the deletion of the Account. Termination of the Service Agreement is tantamount to deletion of the Account.
10. The agreement may also be terminated at the initiative of the Service Provider at the time of liquidation of the Application by the Operator or termination of its business activity in the provision of Services.

V. PLATFORM REQUIREMENTS (Apple iOS and Android)

A. Apple iOS

1. The following terms apply only to NOTINFY users on iOS devices that they own or control:
   a) You acknowledge that this Agreement is solely between you and NOTINFY, and not with Apple, and that NOTINFY, and not Apple, is solely responsible for the Services and its content.
   b) Your use of the App is subject to the terms of this Agreement, which grants you a non-transferable, limited license to use the App on Apple-branded products that you own or control, and in accordance with the Terms of Use set forth in the App Store Terms of Service.
   c) NOTINFY, and not Apple, is solely responsible for providing all maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the Services.
   d) NOTINFY is solely responsible for all product warranties, express or implied by law, to the extent not effectively disclaimed. If the Service does not conform to the applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Services on the App Store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses related to your failure to comply with any warranty will be the sole responsibility of NOTINFY.
   e) NOTINFY, and not Apple, is responsible for resolving any claims made by users or third parties related to the Services or your possession and/or use of the Services, including but not limited to: (a) product liability claims; (b) any claim that the Service does not comply with any applicable legal or regulatory requirement; and claims arising under consumer protection or similar laws.
   f) You acknowledge that in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and termination of any such intellectual property infringement claim.
   g) You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
   h) You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement and that, upon acceptance by the terms of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

B. Android

1. The following terms apply only to NOTINFY users on Android devices that they own or control:
   a) You acknowledge that this Agreement is between you and NOTINFY, and not with Google LLC, Google Ireland Limited, Google Commerce Limited, or Google Asia Pacific Pte. Restricted (“Google”). NOTINFY, and not Google, is solely responsible for NOTINFY and its content.
   b) Your use of NOTINFY will be subject to the terms and conditions of this Agreement, which grants you a non-transferable, limited license to use NOTINFY on your Android devices. In addition, your use of NOTINFY will also be subject to the terms of use set forth by Google in the Google Play Terms of Service.

VI. FUNCTIONALITIES OF THE MOBILE APPLICATION

1. The Application provides the following functionalities consisting in sending and presenting information based on the User’s location. Information that you will receive or have access to:
   a) information about places in different categories (bars, restaurants, sightseeing areas, etc.) presented to you at a distance from your current location.
   b) promotional information such as advertisements, discounts.
   c) other notifications in the form of alerts.
2. The Application allows Users to complete the User’s profile, i.e. (adding a full name, photo, description, website).
3. In addition, the application allows you to search for other Users (with the follow option). Users selected by the Service Provider will be able to personalize their location by adding their own photos/descriptions, which will be visible on their profiles and publicly available in the application. The app will additionally allow you to share external links to their profiles.
4. Entrepreneurs can take advantage of the additional functionality of placing their business in the form of a business card containing all the detailed data about their location. In addition, entrepreneurs will also be able to place location-based ads in our application, which will be displayed to all users of the application. This functionality dedicated to entrepreneurs will be available to them after making the payment for the subscription referred to in point VII.
5. The NOTINFY application displays photos from Google Places (photos of locations in the location profile on Google Maps – shared by regular users or the owner of a given place). The NOTINFY app processes the photos for display, and they are stored in the device’s cache). Users may submit a request to the Service Provider to remove the photos.

VII. PAYMENT

1. The Application is free of charge for Users, except for Entrepreneurs who will use the functionality referred to in section VI. 4.
2. Users who are Entrepreneurs in relation to the possibility of using the functionality referred to in section VI. 4. may purchase a monthly or annual subscription for the services provided from the Service Provider on the basis of a separate cooperation agreement concluded outside the website and mobile application.
3. The Service Provider reserves the right to introduce in the future payment of the application for all Users or to introduce other fees for various functionalities in order to reflect changes in business or legal regulations.

VIII. LICENSE

1. Upon downloading the Application, the Service Provider grants the User a license to use the Application in accordance with its intended purpose, but this includes the right to reproduce it only to the extent that the reproduction is necessary for the launch, operation and storage of the Application in the Device’s memory.
2. The license referred to in paragraph 1 above does not entitle 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 above), distribute, sell or otherwise market or distribute the Application, including transmission or making available on the Internet, computer networks, mobile application distribution systems and in any other ICT systems.
3. The License terminates upon deletion of the Account.

IX. COPYRIGHT

1. All materials available in the Application may constitute works within the meaning of the provisions of the Act on Copyright and Related Rights. The User undertakes to respect the intellectual property rights of the Service Provider throughout the entire period of provision of the Services and after their termination, under pain of liability for damages provided for in the relevant provisions of law.

X. PROVISION OF DIGITAL CONTENT/DIGITAL SERVICE

1. The service provider shall provide the consumer with the digital content or digital service immediately after the conclusion of the contract, unless otherwise agreed by the parties.
2. Digital content is deemed to have been supplied when the digital content or the means by which the digital content can be accessed or downloaded has been made available to the consumer or to a physical or virtual device that the consumer has chosen for that purpose, or when the consumer or such a device has accessed it.
3. A digital service is considered to have been provided when the consumer or a physical or virtual device that the consumer has chosen for that purpose has accessed it.
4. If the Service Provider has not provided digital content or a digital service, the consumer shall request the Service Provider to provide it. If the Service Provider fails to deliver the digital content or digital service immediately or within an additional period expressly agreed by the parties, the consumer may withdraw from the contract.
5. A consumer may withdraw from a contract without being asked to provide digital content or a digital service if:

(1) it is clear from the operator’s statement or circumstances that it will not provide the digital content or digital service, or

(2) the consumer and the operator have agreed, or it is clear from the circumstances of the conclusion of the contract, that a specific deadline for the delivery of the digital content or digital service was important to the consumer and the trader did not deliver it within that period.

6. The burden of proof of delivery of digital content or digital service rests with the Service Provider.

XI. COMPLAINTS

1. Each User may submit complaints regarding the Services provided as part of the Application.
2. Complaints may be submitted in writing to the Service Provider’s e-mail address contact@notinfy.com .
3. Complaints will be considered within 14 days from the date of their receipt by the Service Provider.
4. The Service Provider complies with the provisions of Chapter 5B of the Consumer Rights Act with respect to contracts for the supply of digital content or digital services.
5. A digital content or digital service is in conformity with the contract if in particular their:
   1)       description, type, quantity, quality, completeness, functionality, compatibility, interoperability and availability of technical support and updates;
   2)       suitability for the specific purpose for which they are needed by the consumer, of which the consumer has notified the operator at the latest at the time of conclusion of the contract and which the operator has accepted.

6.In addition, in order to be considered in conformity with the contract, digital content or service must:
    1)       be suitable for the purposes for which digital content or digital service of this type is normally used, taking into account applicable laws, technical standards or good practices.
    2)       be available in such quantities and characteristics, including functionality, compatibility, availability, continuity and security, as are typical of digital content or digital service of this type and which the consumer can reasonably expect, taking into account the nature of the digital content or digital service and the public assurances made by the operator, its legal predecessors or persons acting on its behalf,  in particular in the advertisement or on the label, unless the operator demonstrates that:
a) he did not know of the public assurance in question and, judging reasonably, could not have known about it,
b) prior to the conclusion of the contract, the public assurance has been corrected in accordance with the conditions and form in which the public assurance was given, or in a comparable manner.
c) the public assurance did not influence the consumer’s decision to enter into the contract;
   3)       be supplied with accessories and instructions that the consumer may reasonably expect to be provided.
   4)       be consistent with a trial version or announcement that has been made available to the consumer by the trader prior to the conclusion of the contract.

7.The Service Provider shall inform the consumer of updates, including security updates, necessary to keep the digital content or digital service in conformity with the contract and shall provide them to the consumer for a period of:
   1)    the supply of digital content or digital service as set out in the contract under which the supply is continuous, or
   2)    reasonably expected by the consumer, considering the type of digital content or digital service and the purpose for which it is used, and the circumstances and nature of the contract, if the contract provides for the supply of digital content or digital service on a one-off basis or in parts.

8.If the consumer fails to install the updates provided by the service provider in accordance with paragraph 7 within a reasonable time, the service provider shall not be liable for the non-conformity of the digital content or digital service with the contract resulting solely from the lack of updates if:
   1)    inform the consumer of the update and the consequences of not installing it;
   2)    The failure to install or improper installation of the update was not due to errors in the installation instructions provided by the service provider.

9.The Service Provider shall not be liable for the non-conformity of the digital content or digital service with the contract to the extent referred to in paragraphs 6 or 7 if the consumer, at the latest at the time of conclusion of the contract, has been expressly informed that a specific feature of the digital content or digital service deviates from the contractual conformity requirements set out in paragraphs 6 or 7 and has expressly and separately accepted the absence of a specific feature of the digital content or digital service.

10.Where the contract provides for the continuous supply of digital content or service, the digital content or digital service must remain in conformity with the contract for the duration specified in the contract.

11.The digital content or digital service shall be provided in the latest version available at the time of the contract, unless otherwise agreed by the parties.

12.The Service Provider shall be liable for the non-conformity of the contract of the digital content or digital service supplied on a one-off basis or in parts, which existed at the time of its delivery and became apparent within two years from that time. A non-conformity of the digital content or digital service with the contract, which became apparent within one year of the supply of the digital content or digital service, shall be presumed to have existed at the time of its supply.

13. The Service Provider informs about the possibility of using out-of-court complaint and redress procedures. Their use is voluntary and can only take place if both parties to the dispute agree to it.

14. Pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we would like to inform you that at http://ec.europa.eu/consumers/odr/.A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available. The ODR platform is a one-stop-shop website for consumers and traders seeking out-of-court settlement of a dispute concerning contractual obligations arising from an online sales contract or a contract for the provision of services.

XII. RESPONSIBILITY

1. The Service Provider reserves the right to interrupt access to the Application due to the need for periodic maintenance or if it is required for technical, security or other circumstances beyond the Service Provider’s control.
2. The Service Provider shall not be liable for any damage resulting from the use or inability of the User to use the Application, including, in particular, damages resulting from access to the Application or its use by any person in an unlawful manner, hacker attacks or identical events, force majeure, as well as damage caused by the actions or omissions of the User, telecommunications operators, telecommunications and electricity providers.
3. The Service Provider is also not responsible for the User’s lost profits.
4. The User acknowledges that the software offered by the Service Provider – like any software – is not free of errors. Upon discovering errors, the User is obliged to report them immediately.

XIII. PRIVACY

1. The Service Provider collects and processes Users’ personal data in accordance with applicable law and the Privacy Policy.
2. The Service Provider uses appropriate technical and organizational measures to ensure the protection of the personal data being processed.
3. Further explanations regarding the protection of personal data can be found in the “Privacy Policy”.

XIV. SEVERABILITY CLAUSE

1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law and the unenforceable part shall be deemed severable from these Terms and such determination shall not affect the validity and enforceability of the remaining provisions.

XV. AMENDMENT OF THE TERMS AND CONDITIONS

1. The Service Provider reserves the right to amend the Terms and Conditions in the event of:
   a) changes in generally applicable laws affecting the Applications or the need to adapt the Terms and Conditions to court rulings or administrative decisions.
   b) the occurrence of important technical and organizational reasons, such as the emergence of new technologies or information systems that affect the provision of services.
   c) changes in the rules of operation or development of the Application, in a way that affects the provisions of the Terms and Conditions.
   d) the need to clarify the provisions of the Terms and Conditions or any other factual changes that affect the content of the Terms and Conditions.
   
   
2. Amendments to the Terms and Conditions will not violate the essence of the concluded agreement on the provision of electronic services and will not result in the need for the User to pay additional fees.
3. The effective date of the amendments will not be shorter than 14 days from the date of their announcement. The Service Provider shall notify the User of the amendment to the Terms and Conditions no later than 14 days prior to the effective date of the amendment via e-mail. In the event that the User does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Service Provider of this fact within 14 days from the date of notification of the amendment to the Terms and Conditions. Notification to the Operator of the lack of acceptance of the new content of the Terms and Conditions shall result in the termination of the Agreement.

XVI. GOVERNING LAW AND DISPUTES

1. The law applicable to contracts is Polish law. The United Nations Convention on Contracts for the International Sale of Goods, signed in Vienna on 11 April 1980, does not apply.
2. The choice of Polish law as applicable does not deprive users, who are consumers, of the protection afforded to them by the law applicable to their habitual residence in the EU.
3. Any disputes arising between the Service Provider and the User, who is a Consumer, shall be resolved by the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
4. In matters not covered by these regulations, Polish regulations shall apply, in particular the Civil Code and the Act on Electronic Services.