"Notujpro" APPLICATION REGULATIONS

TERMS AND CONDITIONS

§ 1. GENERAL PROVISIONS
Definitions:

Application: The application named "notujpro," available in the web version at www.notujpro.com and as a mobile application, offered by the Service Provider.
Service Provider: Kacper Łapacz conducting business under the name Kacper Łapacz Note Wise, with a registered address at Ludwikowska 47a, 02-0856 Warsaw, NIP: 9512575429, REGON: 526104666.
User: A person who meets the conditions specified in the Regulations, has registered an Account in the Application.
Consumer: A consumer within the meaning of art. 221 of the Civil Code, i.e., a natural person with full legal capacity or – in cases provided for by law – limited legal capacity, entering into an agreement with NCC Mastering or using services provided by NCC Mastering electronically, not directly related to their business or professional activity.
Entrepreneur: An entrepreneur within the meaning of art. 431 of the Civil Code, i.e., a natural person, legal person, or unincorporated organizational unit without legal personality, granted legal capacity by law, conducting business or professional activity on their own behalf, entering into an agreement with NCC Mastering or using services provided by NCC Mastering electronically.
Account: Designated by an individual name (login) assigned to the User, a set of resources in the Service Provider's IT system where User data is stored, necessary for using the Application.
Registration Form: A questionnaire available in the Application for Users to create an Account.
Order Form: A form available in the Application enabling the User to purchase a selected learning plan.
Agreement: An agreement for the provision of services provided by the Service Provider through the Application, concluded between the User and the Service Provider, for a specified period, under the conditions specified in the Application's Regulations.
Services: Any services (both paid and unpaid) provided electronically by the Service Provider to Users under the Agreement through the Service or Application.
Regulations: These Regulations, specifying the rules for using the Application, available free of charge through the Application in a form that allows for downloading, recording, and printing to facilitate easy access.
Internet Service: A service operating at www.refereewise.com.
Privacy Policy: A document available in the Application specifying the rules related to the processing of personal data by the Service Provider through the Application, fulfilling the information obligation as required by data protection regulations.
Civil Code: The Act of April 23, 1964 - Civil Code.
Materials: Photos and other materials (including texts, graphics, logos, source codes) considered works within the meaning of the Act of February 4, 1994, on copyright and related rights, posted in the Application and owned by the Service Provider or used by the Service Provider with the consent of a third party owning intellectual property rights to the Materials.
Act: The Act of May 30, 2014, on consumer rights.

§ 2. GENERAL PROVISIONS

These Regulations concern Agreements and other services provided by the Service Provider through the Application.
The Owner and Administrator of the Application is the Service Provider.
- Services provided electronically by the Service Provider in the Application involve enabling the User by the Service Provider to:
  - conclude Agreements under the terms specified in these Regulations,
  - create and have an Account in the Application,
  - use other services available in the Application.
Announcements, advertisements, price lists, and other information about learning plans in the Internet Service and the Application should be considered as an invitation to conclude an Agreement, taking into account art. 71 of the Civil Code.
Sales and services within the Internet Service and the Application are provided within and outside the territory of the Republic of Poland.
The Service Provider takes the utmost care in fulfilling Agreements.
The provisions of these Regulations are not intended to exclude or limit any rights of a User who is a Consumer, granted to them by universally applicable legal provisions, including in particular the provisions of the Civil Code and the Act of May 30, 2014, on consumer rights. In case of any inconsistency between the provisions of these Regulations and the regulations referred to in this paragraph, the latter shall prevail. As of January 1, 2021, the provisions of art. 563 and art. 567 § 2 of the Civil Code do not apply to Entrepreneurs who are natural persons conducting business activity registered in the Central Register and Information on Economic Activity (CEIDG) and whose Agreement directly related to their business activity does not have a professional character, as evidenced by the scope of the business activity provided in CEIDG (including PKD numbers) - excluding the provisions of art. 558 § 1, sentence two of the Civil Code.
The Regulations form an integral part of the Agreement, which is concluded by starting to use the Services by the User.

§ 3. CONDITIONS OF USE OF THE APPLICATION

To use the Services through the Application, it is necessary to meet the following technical requirements:
- having an active email account,
- access to a device allowing browsing of websites through an installed web browser,
- an active connection of the device to the Internet,
- acceptance of Cookies.
The minimum system versions required for the proper functioning of the Internet Service, Application, and associated Services are as follows:
- PC/laptop with Windows 8.1 or higher,
- Mac computer/laptop with macOS Sierra or higher,
- smartphone/tablet with Android 5.0 (Lollipop) or higher,
- smartphone/tablet with iOS 10/iPadOS 13.1 or higher.
The User may only be a natural person with full legal capacity.
Depending on the chosen learning plan, the User has access to different content available in four plans: Free, Student, Standard, Friends.
The User must provide the Service Provider with only true data concerning them, based on which the Service Provider assesses whether the User meets the formal conditions specified in the Regulations for providing the Services. The User is obligated to make changes to this information only in a way that reflects the current factual situation.
The User is obliged to maintain the confidentiality of information enabling access to their Account in the Application, especially by not disclosing this information to third parties.
The User must use only their own Account within the scope.

§ 4. APPLICATION FUNCTIONALITY

Within the Application, the User gains access to:

The chosen learning plan:
- Free – a free learning plan detailed in the Application with access for 14 days.
- Standard – a paid learning plan, detailed in the Application.
- Friends – a paid learning plan, detailed in the Application.
The ability to create an Account.
Promotions and special offers.
Filling out the Registration Form and clicking the dedicated button. Subsequently, the Buyer will receive an activation link at the email address provided in the Registration Form, which must be clicked to successfully complete the registration.
The option to purchase enhanced access to artificial intelligence within the Standard and Friends plans.

Creating an Account by the Buyer requires:

After creating an Account, the User immediately gains access to the Account using an individual login and password. The Account in the Application is created indefinitely, and its possession does not generate any financial obligations for the User towards the Service Provider.
Through the Application's functionality, the User has the option to delete the account at any time using the dedicated button. However, the Service Provider emphasizes that active Account is necessary for full access to purchased learning plans in the Application.
Any questions and comments regarding the functioning of the Application should be reported to the email address kontakt@notujpro.com

§ 5. PAYMENTS

In connection with the provision of services offered by the Service Provider, compensation is due according to the prices available in the Application at the time of selecting the service.

The Service Provider does not apply price profiling to Users.
The prices listed on the website and Application are expressed in Polish zlotys, are gross prices, and include all components, including VAT.

During the selection of the service, the User can choose one of the following payment methods:

Online transfer to the Service Provider's bank account.
Payment by Visa, MasterCard debit/credit card.
Payment via BLIK application.
TPay.

In case of non-payment within 3 days for the selected plan by the User in the registration or order form, the order will be canceled.
Each purchase is documented with an electronic invoice, which is sent to the email address specified by the User in the registration or order form.

§ 6. COMPLAINTS

The complaint should specify its subject and describe the disturbances related to the functioning of the Application.
Complaints are considered by the Service Provider within a period not exceeding 14 calendar days from the date of receiving the complaint. During this period, the User will be informed of the resolution of the complaint by an electronic message sent to the email address provided in the complaint.
The Service Provider accepts complaint notifications only from Users.

In the event of disruptions related to the provision of services by the Service Provider (Application functionality), they can be reported by Users by sending a complaint via email to the address: kontakt@notujpro.com, around the clock.

§ 7. WITHDRAWAL FROM THE AGREEMENT

A Consumer User has the right to withdraw from the Agreement without stating a reason within 14 days of receiving access to the Application.

To exercise this right, the User must submit a declaration of withdrawal from the Agreement within the specified period, via email to the Service Provider: kontakt@notujpro.com
The withdrawal form is attached as Appendix 1 to this Regulation.
In the case of purchasing paid services (Standard and Friends plans), which are digital services available within the functionality of the Application provided within selected cooperation packages, the User agrees to start providing the service by the Service Provider before the expiration of the 14-day withdrawal period and loses the right to withdraw from the Agreement.

§ 8. PERSONAL DATA PROTECTION

The Service Provider is the Administrator of Users' personal data.

The Service Provider, as the Administrator, processes personal data in accordance with the provisions of the General Data Protection Regulation (GDPR), the Act of May 10, 2018, on personal data protection, and other relevant regulations on personal data protection.
Detailed rules regarding the processing of personal data, including the purposes and legal bases for processing and the rights of Users as individuals whose personal data is processed, are included in the Privacy Policy.

§ 9. FINAL PROVISIONS

The Service Provider reserves the right to introduce limitations on the use of the Application due to its technical service, maintenance work, or work on improving its functionality. The Service Provider undertakes to make every effort to ensure that such limitations and interruptions occur during night hours and last as briefly as possible.

The Service Provider reserves the right to change this Regulation. Changes come into effect at a time clearly indicated by the Service Provider, no earlier than 30 days from the date of their announcement. Changes to the Regulation cannot violate the rights of Users acquired before the changes are introduced. Changes to the Regulation will be communicated to Users by email and through notifications in the Application.

Any disputes between the Service Provider and a User, subject to their mutual consent, will be resolved amicably or in the presence of an independent and impartial mediator.

A Consumer User may:

Use out-of-court methods of complaint consideration and redress as specified in the Act of September 23, 2016, on out-of-court resolution of consumer disputes (Journal of Laws, item 1823). The entity authorized to conduct proceedings on out-of-court resolution of consumer disputes, to which the Seller is subject, is the Voivodship Inspector of Trade Inspection in Warsaw (address: ul. Henryka Sienkiewicza 3, 00-015 Warsaw, email: ih_warszawa@wiih.org.pl
Submit a complaint through the EU's online ODR platform, available at: http://ec.europa.eu/consumers/odr/

In case of the impossibility of an amicable resolution of the dispute, the court locally competent to hear disputes will be the court competent for the seat of the Service Provider, and in the case of a Consumer User, the court competent according to general principles.

The Regulation is effective from December 13, 2023.