terms colorist S.H.E. app | Stetsiukhairexpert

regulamin S.H.E.

TERMS AND CONDITIONS

of the Mobile Application "colorist S.H.E."

I. DEFINITIONS

„Administrator” – Stetsiuk Hair Expert, incorporated in Poland as a „SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ”, with capital of PLN 5.000, having its registered office at Bernarda Chrzanowskiego Street 11 lok. 8, post code: 80-278 Gdańsk – POLAND, registered with the National Court Register, kept by the District Court Gdańsk-Północ in Gdańsk, VII Economic Division of the National Court Register, under number 0000814972, NIP number: 5833378452, REGON number: 384910842.

Contact details:

- telephone number (+48) 575 555 011,

- e-mail address: stetsiukhairexpert@gmail.com

"Mobile Application" or "Application" - the software under the name "colorist S.H.E." made available for a fee by the Administrator through the App Store and Google Play store for installation on the User's Device, the purpose of which is to mix hair dye shades and thereby obtain Results.

"Price List" or "Prices" - the price list(s) for the use of the Application and the Packages selected by the User, available in the Application and on the App Store and Google Play store pages.

"Account" - a User account created in the Application when it is installed and activated on the Device, enabling the use of the Application, which the User can access by means of a login and a password; and which is a collection of resources in which the data and information about the User's activities within the Application (including the Results) and the number and type of Packages subscribed to by the User by way of Subscription are collected.

"Application Module" - a visually, functionally and/or thematically distinct part of the Application, to which the User gains access by purchasing the Application.

"Palette of hair dye shades" - a specified number of hair dye shades included in the Application included under the Palette name specified in the Application.

"Package" - a set of the number of Palettes of hair dye shades selected by the User during the installation process of the Application and based on the given Subscription.

"Mobile Application Regulations" or "Regulations" - these terms and conditions governing the use of the "colorist S.H.E." Application.

"Subscription" - paid access for a limited period of time (monthly or annually) to the Application.

"User Content" – means User images uploaded and/or self-entered by the User to the Application which are used to generate the Results.

"Agreement" - an agreement for the provision of Services by the Administrator to the User specifying the terms of use of the Application.

"Services" - services provided electronically by the Administrator to the User within the Application, in particular consisting in providing the User with access to the Application, Account registration, access to the contents of the Application and use of the Application and its functionalities.

"Device" - an electronic mobile device (including e.g. a smartphone, a tablet) connected to the Internet, using the Android or iOS operating system, through which the purchase of the Application, the registration of an Account and/or the use of the Application is made.

"User" - any natural person of full legal capacity who may download, install and use the Application in accordance with the Regulations.

"Results" means the paint and oxidant formulas generated by the Application based on the pre-selected boxes selected by the User and contained in the Application itself, as well as the paint and oxidant formulas generated by the Application based on so-called User Content entered by the User.

II. GENERAL PROVISIONS

1. The Regulations define the terms, scope and conditions for the use by Users of the Services provided by the Administrator through the Application.

2. The provisions of the Regulations constitute the content of the Agreement between the User and the Administrator. No rights of the User against third parties arise under the provisions of these Regulations. In particular, these Regulations do not constitute an agreement between the User and the App Store or Google Play. App Store, Google Play are external entities in these Regulations.

3. The provisions of the Regulations are not intended to limit or exclude any rights of natural persons who are consumers and to which they are entitled under mandatory provisions of law. Any possible doubts should be interpreted in favour of consumers and in accordance with these provisions.

4. All persons using the Application as well as intending to use the Application may at any time, without paying any fees, read, obtain, reproduce and preserve by printing or saving on a medium these Regulations, which are available in the App Store and Google Play store, directly in the Application and on the Administrator's website: https://stetsiukhairexpert.wixsite.com/stetsiukhairexpert/regulamin-colorist-s-h-e.

5. Before downloading and installing the Application, the User is obliged to read the content of these Regulations and and also the Privacy Policy of the "colorist S.H.E." Mobile Application which forms part thereof. The Privacy Policy of the "colorist S.H.E." Mobile Application is available in the App Store and Google Play shops, directly in the Application and on the Administrator's website: https://stetsiukhairexpert.wixsite.com/stetsiukhairexpert/polityka-prywatnosci-colorist-s-h-e.

6. The Agreement shall be concluded upon the User's declaration of acceptance of and acquaintance with these Regulations and the Privacy Policy of the "colorist S.H.E." Mobile Application and also completion of the Application installation process on the Device (which includes Account registration). This Agreement shall remain in force for the entire duration of the User's use of the Application.

7. The Administrator permits the use of the Application on both the iOS and Android products that the User owns or uses and in accordance with the applicable terms of use of those products.

8. The reproduction, copying, making available of the contents of the Application and the Results, in particular the recording of videos, taking screen shots, photos etc. is prohibited.

9. The application can be downloaded from:

App Store – for iOS,
Google Play – for Android.

10. The User who decides to download and use the Application declares at the same time that he is a natural person of full legal capacity. With respect to the territory of Poland and Polish citizens, this means that on the day of concluding the Agreement the User is at least 18 years of age. Minors are not permitted to download and use the Application.

11. The Administrator indicates that the designations the Palettes of hair dye shade contained in the Application are legally protected names by their respective owners

III. TECHNICAL REQUIREMENTS

1. The Device on which the Application is to be installed and run must meet the following technical requirements for the operating system:

for the Application version downloaded from the App Store - iOS version 9 or higher
for Application version downloaded from Google Play - Android version 5 or higher.

2. Due to the growing number of available mobile devices and the continuous process of developing their subsequent versions, the Administrator does not guarantee that the Application will operate flawlessly on every mobile device or with each version of the operating system and this cannot be the reason for any complaints or the Administrator's liability. Incorrect operation of the Application resulting from other software installed on the User’s Device as well as software modified by the User is not a reason for complaints or the Administrator's liability.

3. In order to install, start and correctly use the Application, it is necessary to connect the Device to the Internet. The costs of Internet connection and data transmission shall be borne by the User in accordance with the agreements concluded by the User with the telecommunications operator. The Administrator shall not be responsible for the amount of fees charged for the use of data transmission necessary for using the Application.

4. To download and install the Application, the User must provide 300 MB of free space on the Device.

5. In addition, in order to download and install the Application on the Device, the User must have an account in the Google Play or App Store in order to purchase the appropriate Subscription.

IV. DESCRIPTION OF THE APPLICATION AND WARNINGS

1. The Application is software by means of which the User may mix hair dye shades and thus generate Results by using the predefined selection checkboxes provided in the Application, the Palettes of hair dye shades or generate Results by using the User Content. The Results are generated exclusively by the selections made and/or entered by the User in the Application, and constitute ready-made formulas with proportions and types of colour hair dye and oxidant (i.e. hair dye oxidant).

2. If the User wants to obtain Results based on the User Content, the User is obliged to make available in the Application the internal memory of the Device containing the photos of the User or the device’s camera. In this case, the Results are generated by the Color Recognition Module from the User’s photos stored in internal memory or photos taken with the camera. The Administrator indicates that the User Content (photos) is not collected, saved or stored anywhere by the Administrator. The User Content is used only at the moment of using the Module of colour recognition from the User's photos and only for the purpose of determining this colour. The color is stored in the Account only as a symbol or numbering, which in no way identifies the User himself.

3. The Results made available on the Application are simple simulations intended for Users who should obtain professional advice from a professional establishment/entity before making a decision to use the Results on real hair. By downloading and using the Application, the User acknowledges and declares that he/she is aware of this and accepts the risks associated with it, including the fact that the use of the Results is at the sole risk and hazard of the User. The User shall be solely responsible for any claims by third parties in connection with the User's use of the Results.

4. The Administrator shall not be held liable for any inaccuracies in the Application Results or the effects obtained by applying these Results, and therefore the Administrator cannot guarantee full satisfaction of the User from the Application of the Results.

5. Within the framework of a Package purchased in the Application, the Administrator shall enable each User to access the following Application Modules:

Module for recognising colours from the User's photos;
Module for mixing hair dye colours;
Module for saving Results;
Module for saving User settings.

V. TERMS OF INSTALLATION, CONDITIONS OF USE AND INTELLECTUAL PROPERTY

1. Conditions to start using the Application are:

a)downloading the Application from the Google Play store or App Store;
b) installing the Application on the Device in accordance with the instructions displayed when the installation process starts or indicated by the Google Play or App Store;
c) reading these Terms and Conditions and the Privacy Policy of the Mobile Application "colorist S.H.E.";
d) accepting the rules for the provision of the Services set forth in the Terms and Conditions and making the appropriate statements by the User by checking the e) appropriate boxes/checkboxes in the Application
e) making a selection of the Palette of hair dye shades in accordance with the instructions of the Application
f) making payment for the Application by selecting and purchasing a Subscription;
d)creating an Account by providing the data required by the Application (including the Personal Data).

2. Downloading and installing the Application from sources other than those indicated in point II.9 constitutes an infringement of the Regulations and may result in termination of the Agreement by the Administrator and in the User's inability to use the Application.

3. After downloading the Application to the Device, accepting the Regulations, the Privacy Policy of the "colorist S.H.E." Mobile Application and making the statements by ticking the appropriate boxes/checkboxes, during the first launch of the Application, a User Account is simultaneously registered in the Module for saving User settings in the Application.

4. During the registration process, the User shall provide, within the framework of the Account, data such as:

a) E-mail address, which shall be the same as the e-mail address assigned to the App Store account or Google Play account, or, alternatively a telephone number;
b) A login password individually defined by the User;
c) the User's country of residence;
The content of the Package selected by the User, which consists of a number of any palette of hair dye shades selected by the User in the quantity specified in the Application.

5. The e-mail address or telephone number given during the Application registration process is at the same time the login to the Application Account. The password is used for logging in to the Application Account.

6. The User is obliged to secure the login and password for access to the Application against unauthorised access. The consequences of improper data security shall be borne by the User.

7. During the registration process and before the first use of the Application, the User shall independently select the Palette of hair dye shades available to him within the purchased Package in the Application. The number of hair dye shade palettes available within the purchased Package is specified on the App Store and Google Play store pages and in the Application itself. The User has the right to change his/her chosen Palettes of hair dye shades during the subscription period of the purchased Package. The User has the right to make such a change via the relevant instruction contained in the Application no more often than once every 30 /thirty/ days.

8. After completing the Application installation procedure, creating an Account making the relevant selections in accordance with the instructions of the Application, the User shall be able to use the Application (together with the trial period), including the particular Application Modules, Services available within the Application or in connection with the Application (including contact forms and others, if available). Where forms are made available on the Application, the data provided by the User in these forms is provided voluntarily (in particular the e-mail address for return contact).

9.The User Account allows to run the Application with the Package purchased by the User on one device belonging to the User.

10. Providing data in the registration process, including in particular Personal Data such as an e-mail address, telephone number, country of residence, is voluntary, but necessary in order to set up an Account in the Application and to use the Application.

11. The User is obliged to keep the data provided during registration up-to-date,, including the Personal Data, in the event of any changes. The provision of data, including Personal Data, that is fictitious is prohibited.

12. The Administrator reserves the right to refuse to open an Account in the Application for a User who already has such an Account, to remove the User Account, as well as to cease to provide the Services in the Application to a User who uses an Account contrary to the principles of social coexistence, causes damage to the Administrator or fails to perform the obligations under the Agreement.

13. The User has the right to have one Account in the Application. The User Account cannot be transferred to another User.

14 The User may not make his Application Account available to third parties.

15 . All rights to the Application, its elements, including the programming (including the source code), graphical and other elements, and the name of the Application, are the exclusive property of the Administrator and are subject to legal protection, and may be used only in a manner consistent with these Regulations and the provisions of the applicable law. The Application and its contents are protected by copyright and other laws.

16. Upon installing the Application and creating an Account, the User is granted a non-exclusive, territorially unlimited licence to use the Application, which includes the right to download and install it to the memory of the User's Device, consolidate it in the memory of the Device and display it on the Device, temporarily multiply it in the memory of the Device necessary for the use of the Application, access the contents of the Application and the Results. The User is entitled to use the Application for personal use only and not for commercial purposes.

17. The User may save and access on his Account an unlimited number of Results generated in the Application. Saving the Results is performed in accordance with the instructions contained in the Application after completing the relevant fields for such saving.

18. The use of the Application is subject to a Subscription purchased by the User and for the duration of such Subscription.

19. The User is entitled to use the Application in accordance with its purpose, the applicable law and these Regulations.

20. It is forbidden for the User to provide any content or data of an offensive or derogatory nature or take any action that would destabilise the operation of the Application, in particular by impeding access to or use of the Application. It is also forbidden to undertake other actions to the detriment of the Administrator, other Users of the Application or third parties or to threaten their rights or interests.

21. The User must not (1) distribute, copy, rent, publish, modify, amend, adapt or translate the Application or sub-license it; (2) reverse engineer, decompile or disassemble the Application, create derivative works from it; (3) attempt to derive the source code of the Application from the compiled code; (4) use the Application in combination with unauthorised, illegal, counterfeit or modified equipment or software; (5) install previous versions of the Application; (6) violate any law, regulations, statue or the rights of the Administrator or third parties in connection with your access to or use of the Application; (7) use the Application other than in accordance with the Regulations. The foregoing limitations shall apply to the fullest extent permitted by the laws of the applicable territory.

22. If the User violates any of the provisions of these Regulations or generally applicable laws, the Administrator may take all legally permitted actions, including limiting the User's ability to use the Application and the Services provided through it, terminating the Agreement with immediate effect and deleting the User Account. This does not preclude the Administrator from taking legal action in the event that the Administrator suffers damage due to an infringement of the rights/ the Regulations.

23. The Administrator shall make every effort to ensure that the Application operates continuously. The Administrator reserves the right that, in order for the Application to function properly, it is necessary, from time to time, to carry out repairs, maintenance, inspections, improvements, changes to the Application or its elements. The Administrator hereby warns that during the time that these actions are carried out, access to the Application or some of its functionalities may be disabled or restricted. The Administrator shall inform Users of planned technical interruptions as far in advance as possible by means available, including the Application itself. The User shall not be entitled to any compensation for the duration of the interruption.

24. Certain updates, upgrades or additionally introduced services, Modules or new Packages may cause a change in the settings or contents, as well as the inability to use certain functions of the Application, which will be communicated by the Administrator through the available means, including, but not limited to, the Application. The User's rights to use previous versions of the Application other than the current version shall expire upon receipt or possession of the latest version of the Application installed on the Device.

25 The User represents and warrants that (1) he/she owns or has all necessary rights and/or authorisations to use and/or submit the User Content (2) all information and/or User Content that he/she uploads or submits via the Device is accurate and not misleading. The User shall be solely responsible for any third party claims relating to the creation and use of User Content for which the User does not have the necessary rights/authorisations.

26. The User may stop using the Application at any time without giving reasons by uninstalling or removing it from his/her Device in accordance with the user manual for the relevant Device. Uninstalling or removing the Application from the User’s Device does not cancel the Subscription to the App Store or Google Play. In order to cancel a Subscription, the User must comply with the terms and conditions of these shops, or App Store or Google Play account from which the User purchased the Subscription, as applicable. If the User uninstall or remove the Application from the Device, not only will the User’s data be deleted, but any data stored by the User on the Device within the Application will also be deleted.

VI. PAYMENT FOR THE APPLICATION

1. Downloading the Application from the online store to the User’s Device and using the Application and its Services is subject to a fee.

2. After downloading and installing the Application, the User obtains the right to use the Application free of charge during the trial period indicated therein. The User has the right to cancel the Subscription before the end of the trial period. Failure to cancel the Subscription by the User before the end of this period will result in charging the User with payments in accordance with the Subscription selected by him.

3. The Application can be used on a monthly or annual Subscription basis. Payment for the Application and its functionalities is made through the Application and the account assigned to the User in the App Store or Google Play.

4. The User may manage the Subscription and payments through the Mobile Application. Cancellations, pauses, modification of Subscriptions and payment refunds are subject to the rules of the App Store or Google Play store policies.

5. The User may also terminate Subscription to the Application at any time.

6. By downloading the Application to the User’s Device, the User agrees to make recurring payments until the User the Administrator cancel the Subscription. Payments for Subscriptions are made in advance. Subscriptions to Google Play or App Store are automatically renewed unless the User terminates them before their expiry date in accordance with the rules and instructions of the App Store or Google Play. Simply uninstalling an Application from your Device does not cancel the Subscription.

7. Payment for the download and use of the Application takes place according to the rules and prices that are presented through the sales systems of the App Store or Google Play and in the Application. These prices are quoted as per specific Subscription (monthly or annual) and include all necessary taxes. Prices may vary from country to country, depending on local taxes, exchange rates or other factors.

8. Liability in the area of payment shall be borne by the operators handling the transactions to the extent provided for by generally applicable law and their own regulations. The User must read these regulations, in particular the terms of sale and payment and the privacy policies of these operators.

9. The Administrator may change the prices of Subscriptions. The terms and conditions of changing the prices of Subscriptions are governed by the rules of the App Store or Google Play store. The Administrator shall inform the User using the Application of any changes in the Subscription prices by means of information contained on the websites of the App Store and Google Play store, through the Application or in any other customary manner in advance. The change of the Subscription price is effective as of the new billing period, unless the Agreement is terminated earlier by the User.

10. The Administrator guarantees access to the Application for the term for which the Subscription was purchased, unless the Agreement is terminated earlier by the Administrator or the User on the terms and conditions described in the Regulations.

VII. LIABILITY

1. The Administrator cannot guarantee the full continuity of the Application and prevent interruptions in its availability to the User due to external factors beyond the Administrator's control, including interruptions in the Application's availability due to force majeure. Force Majeure shall be any circumstance preventing the Administrator from fulfilling its obligation that results from or can be attributed to acts, events, omissions or accidents beyond the reasonable control of the party concerned including, but not limited to, a strike, lockout or other labour dispute (other than a dispute concerning the Administrator's staff), nuclear accident or RANDOM accident, war or an act of terror, riots, civil commotion, vandalism (excluding damage caused by the Administrator's staff or its subcontractors), change of law or administrative decision, dispute between employees of electricity suppliers, breakdown of technical equipment, hacking, IT attack, operation of a virus or similar technology, fire, flood, storm, non-performance or improper performance of the Agreement by a supplier or subcontractor.

2. The Administrator is also not responsible for:
- a)the use of Third Party Personal Data by the User in the Application;
- b) non-proper or improper performance of services by the telecommunications operators with whom the User has concluded the relevant agreements;
- c) non-functioning or improper operation of the Application on a User Device that does not meet the technical requirements;
- d) damage caused by the User's non-compliance with the Regulations or illegal use of the Application or Device;
- e) all consequences resulting from the interception of the User's access data to the Application by a third party, if such interception occurred for reasons beyond the Administrator's control;
- c) actions or omissions by the User in relation to the results obtained through the Application;
- d)interruptions in the operation of the Application due to failures caused by the faulty operation of equipment, software or telecommunications lines (data communications systems), the maintenance of which is not the responsibility of the Administrator;
- e)loss of data caused by failure of equipment, IT services or other circumstances beyond the Administrator's control;
- f)claims of third parties connected with the use by the User of Content, for which the User does not possess the appropriate rights/authorizations.

3. The Administrator shall not be liable for the contents and content of sites/sites which are not administered by the Administrator, but to which links/hyperlinks have been included in the Application. The use of such third-party websites/links is entirely at the discretion of the User who shall bear sole responsibility for it.

VIII. PERSONAL DATA

1. The User's Personal Data is processed by the Administrator.

2. Provision of Personal Data by the User is voluntary, but necessary to use the Application.

3. Detailed rules for the processing and protection of Users' Personal Data by the Administrator are covered by the Privacy Policy of the Mobile Application "colorist S.H.E."

4. The User has the right to access the Personal Data, correct them and request their deletion in accordance with the Privacy Policy of the Mobile Application "colorist S.H.E." which is an integral part of the Regulations to the extent that the applicable regulations allow, whereby deletion of the Personal Data may result in deletion of the User's Account in the Application.

IX. TERMINATION AND WITHDRAWAL

1. Both the Administrator and the User may terminate the Agreement on the terms indicated in the Regulations. This does not exclude the possibility to terminate the greement based on the provisions of commonly applicable law, which cannot be excluded by the Regulations.

2. The User may stop using the Application (terminate the Agreement) at any time without giving reasons by uninstalling or removing it from the Device in accordance with the user manual for the relevant Device. Uninstalling or removing the Application from the Device does not cancel the Subscription purchased from the App Store or Google Play. In order to cancel a Subscription, the User shall proceed in accordance with the regulations of such shops or according to the settings of the account from which the purchase was made. In this case, the Agreement shall be terminated at the time of cancellation of the Subscription. In the event of termination of the Agreement by the User, the related fees and refunds are governed in detail by the rules of the App Store or Google Play store through which the User purchased the Application. If the User uninstall or remove the Application from the Device, not only will the User’s data be deleted, but any data stored by the User on the Device within the Application will also be deleted.

3. The Administrator may suspend, in whole or in part, the provision of Services to the User or terminate the Agreement with immediate effect if the User:
- grossly violated the provisions of the Regulations (in particular in cases expressly indicated therein) or generally applicable provisions of law;
- provided, at the conclusion or during the term of the Agreement, false information which may affect the correct performance of the Services by the Administrator;
- hinders or prevents the Administrator from providing the Service.

4. In the event of termination of the Agreement by the Administrator in the cases specified in these Regulations, the Administrator shall immediately deactivate the User's access to the Application, and the User shall immediately uninstall the Application from the Device. In such a case the User shall not be entitled to a refund of the whole or part of the price of the purchased Application and its Packages.

5. The Administrator reserves the right to terminate the provision of the Services within the Application by removing the Application from the App Store and Google Play store. In this case, the Administrator will inform Users in advance of the date of termination of the Services as well as the rights and obligations of the User and the Administrator in this connection. Such information will be communicated in the Application, by e-mail or in another customary manner.

6. The Administrator informs that, according to the provisions of the law, the User's right to withdraw from the Agreement is excluded in the case of:

provision of services, if the Administrator has performed the service in full with the express consent of the User, who has been informed before the performance starts that after the Administrator's performance he will lose his right to withdraw from the Agreement;
agreement for the delivery of digital content which is not recorded on a tangible medium, if performance has begun with the User's express consent before the expiry of the withdrawal period and after the Administrator has informed the User about the loss of his or her right to withdraw from the Agreement.

The Administrator indicates that due to the fact that the Services provided under the Regulations are provided at the express request of the User who is a consumer, expressed by downloading and launching the Application after the User has familiarised himself/herself with the terms of these Regulations and the Privacy Policy of the "colourist S.H.E." Mobile Application and moreover, these Services are fulfilled with the express and voluntary consent of the User, as soon as this consent is given, the User is not entitled to withdraw from the Agreement, which does not limit the right to terminate the Agreement at any time and the right to withdraw resulting from generally applicable laws, which cannot be excluded. The User's consent is given by ticking the relevant checkbox in the Application and on the App Store and Google Play store pages.

X. COMPLAINTS

1. A complaint regarding incorrect access to the Services may be submitted in writing to the following address : Stetsiuk Hair Expert Sp. z o.o. with its registered office in Gdańsk (80-278), at Bernarda Chrzanowskiego street 11 lok. 8 or to the e-mail address: stetsiukhairexpert@gmail.com

2.The complaint shall include: first name, surname, telephone number and e-mail address of the User, model of the Device, name and model of the mobile Device, current version of the operating system installed in the Device (information available in the "About phone" menu or similar), description of the problem and date and time when the problem occurred.

3. A complaint may also be lodged through the appropriate form in the Application, if the Application so provides.

4. The Administrator shall examine a correctly lodged complaint within 14 days of the date of its receipt. A reply to the complaint shall be sent to the e-mail address indicated by the person lodging the complaint or to another address/data indicated by the User.

5. If the data or information provided in the complaint require supplementation, before the complaint is considered the Administrator shall request the person submitting the complaint to supplement it in a specified scope.

XI. FINAL PROVISIONS

1. Any technical problems connected with the use of the Application, as well as any violations of the Regulations, the User may and should report to the Administrator at the following e-mail address: stetsiukhairexpert@gmail.com

2. The Administrator is entitled to amend these Regulations if it is necessary due to:

a change in the provisions of law or their interpretation affecting the content of these Regulations;
the need to adjust the Administrator's activity to the orders, rulings, provisions and guidelines of the competent administrative or judicial authiority;
change in the way the Service is provided due to technical or technological reasons;
change in the scope of the Services provided;
to prevent abuse;
to improve the operation of the Application and/or User experience.

3. In the event of the need to amend the Regulations, the Administrator shall inform the Users of this fact by way of a message published in the Application, a message sent to the Users' e-mail addresses or in another customary manner, at least 14 days before the planned coming into force of the amendments.

4. The provisions of the Rules and Regulations amended as a result of these changes shall be binding for the User, who agrees to the amendment through the Application by accepting the new Rules and Regulations, or downloads and installs the Application with the already amended Rules and Regulations. Lack of the User's consent for the amended Regulations shall result in the Users inability to use the Application and shall be related to discontinuation of the provision of the Services specified in the Regulations by the Administrator. The User may also express the lack of consent for the amended Regulations by uninstalling the Application from the Device and cancelling the Subscription.

5. If any provision of these Regulations is or becomes invalid or ineffective, the validity of the other provisions shall not be affected thereby.

6. These Regulations and the relationship between the Administrator and the User shall be governed by Polish law. The above provision does not deprive the User who is a consumer of the protection afforded by the laws of the country of his habitual residence, which cannot be derogated from on the basis of these Regulations.

7. Any disputes between the User and the Administrator will be first of all settled by the Administrator in an amicable way.

8. The User can use court and out-of-court ways to resolve disputes and complaints.

In the case of out-of-court ways of dealing with complaints and claims, the User may turn to the relevant state body/authority. Notwithstanding the above, wishing to make use of the possibility of amicable resolution of disputes concerning electronically provided services, the User may also submit the complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/. ODR shall apply to the out-of-court resolution of disputes concerning contractual obligations arising from any online contracts concluded between the User and the Administrator on the Application, whereby the resolution of the dispute shall take place through the intervention of an ADR entity listed in accordance with Article 20(2) of Directive 2013/11/EU and shall include the use of the ODR platform. In case of any comments or doubts regarding disputes or ODR, the User should contact the Administrator at the email address: stetsiukhairexpert@gmail.com , which will also be the address used in the event of a dispute.

9. In the case of out-of-court ways of dealing with complaints and claims, the User may turn to the relevant state body/authority. Notwithstanding the above, wishing to make use of the possibility of amicable resolution of disputes concerning electronically provided services, the User may also submit the complaint through the EU online ODR platform, available at: http://ec.europa.eu/consumers/odr/. ODR shall apply to the out-of-court resolution of disputes concerning contractual obligations arising from any online contracts concluded between the User and the Administrator on the Application, whereby the resolution of the dispute shall take place through the intervention of an ADR entity listed in accordance with Article 20(2) of Directive 2013/11/EU and shall include the use of the ODR platform. In case of any comments or doubts regarding disputes or ODR, the User should contact the Administrator at the email address: stetsiukhairexpert@gmail.com , which will also be the address used in the event of a dispute.

10. In the absence of a willingness or possibility of an amicable resolution, all proceedings connected with or relating to the Application, as well as all disputes concerning the validity, interpretation and/or performance of these Regulations and the Agreement shall be subject to the jurisdiction of Poland, unless another law is applicable by mandatory provision.

11. Litigation may only be brought individually and not by way of class action, which is accepted by the User using the Application.

12. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement and the Regulations, which the User hereby accepts.

13. No failure to exercise the Administrator's or User's rights, raise claims, or delay in exercising rights or raising claims under these Regulations and the Agreement or applicable law shall in no way constitute a waiver of such rights or claims or prevent or restrict any subsequent exercise of such rights or raising claims. No exercise of rights or raising of claims by the User or the Administrator shall preclude any such action in the future.

XII. SAMPLE WITHDRAWAL FORM

The Administrator, fulfilling his statutory obligation, presents below a sample withdrawal from the Agreement, which may or may not be used by the User in cases indicated in the provisions of applicable law, subject to point IX. IX. 6 of the Regulations.

Content:

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I hereby withdraw from the contract for the provision of the following service (*)/delivery of digital content (*):

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Date of ordering(*)/receiving (ordering service, digital content)

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Name and surname /Name / of Consumer (*):

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Consumer's address:

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Consumer's signature (only if the form is sent on paper):

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