TERMS OF SERVICE
§ 1.
General Provisions
These Terms of Service (hereinafter: "Terms") define the rules and conditions for using the "Qards" application (hereinafter: "Application") and services provided by the Provider.
The Application is designed for the digitization of operational processes, quality management, and conducting audits (including Kamishibai boards, 5S, 8D) and is intended for professional use (B2B).
These Terms constitute the regulations referred to in Art. 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (hereinafter: "Act on Electronic Services").
The Service Provider is Kamil Homernik, conducting non-registered business activity at the address: ul. Willowa 5, 80-299, Gdańsk, Poland (hereinafter: "Provider").
Contact with the Provider is possible via:
e-mail – at: [email protected],
traditional mail – at: ul. Willowa 5, 80-299, Gdańsk, Poland.
In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Provider has designated a single point of contact for direct communication with EU Member State authorities, the European Commission, the European Board for Digital Services, and Recipients of the Service regarding DSA matters. The point of contact is available at: [email protected].
Before using the Application, the User is obliged to read these Terms and the Privacy Policy.
§ 2.
Definitions
Capitalized terms used in these Terms shall have the following meanings:
Price List – a document or information available within the Application or on the Application’s website, specifying the current price of the Service, Subscription Period, plan features, and other conditions.
Consumer – a natural person performing a legal transaction with the Provider not directly related to their business or professional activity.
Solopreneur with Consumer Rights – a natural person concluding an agreement directly related to their business activity, when the content of this agreement shows that it does not have a professional character for them, arising in particular from the subject of their business activity.
Account – a panel created in the Application’s IT system, enabling the User to use its functionalities.
Non-conformity – means the non-conformity of the Service with the Agreement (criteria for assessing conformity are defined in Art. 43k para. 1-2 of the Polish Consumer Rights Act).
Free Plan – a version of the Service where the User has the right to use the Application free of charge with limited functionality as defined by the Provider.
Subscription Period – the period for which the Provider makes the paid version of the Service (Paid Plan) available to the User in accordance with the Price List.
Subscription Fee – a fee paid by the User in advance in exchange for the paid version of the Service, determined in accordance with the Price List applicable at the time of ordering.
Opinion – the User's opinion about the Application, including a description of the User's experience related to using the Service.
Privacy Policy – a document containing information on the processing of Users' personal data by the Provider.
Terms – the term defined in § 1 para. 1 of these Terms.
User Content – any data (including personal data), electronic files, information, photos, and materials saved by the User in the Account (e.g., audit results, photos of defects).
Agreement – an agreement for the supply of digital services within the meaning of the Consumer Rights Act, under which the Provider undertakes to supply the Service to the User (in the Free or Paid Plan), the condition for concluding the Agreement being the creation of an Account.
Service – a digital service within the meaning of the Consumer Rights Act, consisting of enabling the User to access the functionalities of the Application by the Provider.
User – a client (Entrepreneur, Consumer, or Solopreneur with Consumer Rights) using the Application.
Provider – the term defined in § 1 para. 4 of these Terms.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.
Act on Electronic Services – the term defined in § 1 para. 3 of these Terms.
§ 3.
Technical Requirements, Usage Rules, and Security
To properly use the Services provided by the Provider via the Application, the User must meet the following combined requirements:
connection to the Internet,
possession of devices allowing the use of Internet resources (computer or mobile device with an up-to-date web browser),
possession of an active e-mail account.
It is prohibited for Users to use viruses, bots, worms, or other computer codes, files, or programs within the Application (in particular, scripts and applications automating processes, or other codes, files, or tools).
The Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organizational, and technical measures, in particular to prevent third-party access to data, including SSL encryption.
The Provider informs that despite the security measures referred to in para. 3 above, the use of the Internet and services provided electronically may involve the risk of malware entering the User's IT system and device or third parties gaining access to data on this device.
Use of the Application is free of charge under the Free Plan and subject to fees under Paid Plans (Subscription).
The User using the Services is obliged to provide only data (including personal data) that is consistent with the actual state of affairs.
§ 4.
Agreement for the Provision of Service
Based on the Agreement, the Provider enables the User (to the extent resulting from the variant selected in the Price List) to use the functionalities of the Application.
To conclude the Agreement (create an Account), the User should perform the following actions:
enter the Application's website and select the registration option,
fill in the required data (e-mail address, password) in the displayed form,
read the Terms and Privacy Policy (clicking the button finalizing registration constitutes a statement of having read these documents and accepting their provisions),
click the button finalizing registration (e.g., "Sign up" or "Create account"),
confirm registration via an activation link or code sent to the e-mail address.
Creating an Account is synonymous with concluding an Agreement for an indefinite period in the Free Plan variant.
The User may decide to upgrade to a Paid Plan (Subscription) at any time, which is synonymous with changing the terms of the Agreement to paid terms, in accordance with the Price List.
To activate a Paid Plan, the User must access the Pricing/Subscription tab in the Application, select a variant, and make a payment.
The User retains all User Content as well as information and data entered into their Account during the use of the Free Plan after upgrading to a Paid Plan.
§ 5.
Fees and Billing
Prices in the Price List are expressed in the currency indicated in the Application (e.g., PLN, USD) and are net prices (excluding VAT), unless explicitly stated otherwise. The appropriate VAT rate will be added to the Subscription Fee in accordance with applicable regulations.
Payments are processed by third-party payment operators (Stripe).
For the provision of Services in the Paid Plan, the User is obliged to pay the Subscription Fee in advance for a given Subscription Period.
The Subscription Fee is charged automatically, cyclically in advance (subscription model), by charging the User's payment card.
Failure to pay the Subscription Fee (e.g., due to lack of funds on the card) may result in the suspension of access to the Paid Plan functionalities and automatic downgrading of the Account to the Free Plan.
§ 6.
Price List
The current Price List is available on the Application's website.
The Provider may change the Price List. Price changes do not affect Subscription Periods that have already been paid for.
In the event of a change in the price of a renewable Subscription, the Provider will inform the User in advance. If the User does not accept the new price, they may cancel the Subscription before the start of the new billing period.
§ 7.
Complaints – Consumers and Solopreneurs with Consumer Rights
The provisions of this section apply exclusively to Consumers and Solopreneurs with Consumer Rights.
The Service supplied to the User must be in conformity with the Agreement throughout the entire period of supply.
The Provider is liable for any Non-conformity revealed during the period of Service supply.
In the event of Non-conformity, the User may file a complaint containing a request to bring the Service into conformity with the Agreement.
Complaints should be submitted via e-mail to: [email protected].
The complaint should contain: name/company name, e-mail address, description of the Non-conformity, and the request.
The Provider shall respond to the complaint within 14 days of its receipt.
Detailed rights regarding Non-conformity are regulated by the provisions of the Consumer Rights Act (Art. 43h – 43q).
§ 8.
Complaints – Business Customers (B2B)
The provisions of this section apply exclusively to Users who are not Consumers or Solopreneurs with Consumer Rights (standard B2B).
In the event of irregularities in the operation of the Application, the User may report a complaint to the Provider's e-mail address.
The Provider shall consider the complaint within 30 days.
The Provider's liability under statutory warranty is excluded.
§ 9.
Right of Withdrawal
A Consumer and a Solopreneur with Consumer Rights has the right to withdraw from the Agreement without giving any reason within 14 days from the date of its conclusion (Account creation).
To exercise the right of withdrawal, a statement must be submitted (e.g., via e-mail) and sent to the Provider.
In the event of withdrawal from the Agreement for the supply of digital content or digital service, the User is obliged to stop using this content or service and making it available to third parties.
§ 10.
User Content and Opinions
It is prohibited to post illegal Content in the Application, content infringing third-party rights, or content inciting violence or hatred.
In accordance with the Digital Services Act (DSA), the Provider provides a point of contact for reporting illegal content: [email protected].
In the event of receiving a credible report regarding the illegal nature of Content, the Provider may block access to it or remove it, in accordance with the procedure provided for in the DSA.
§ 11.
Liability and BETA Status
BETA STATUS: The User acknowledges and accepts that the Application is in a development phase (BETA). The Application may contain errors, bugs, and its functionality may change.
AS IS: The Service is provided on an "AS IS" basis, without any warranties (express or implied) regarding its error-free operation, fitness for a particular purpose, or continuous availability.
The Provider does not guarantee any Service Level Agreement (SLA).
To the maximum extent permitted by law, the Provider's liability towards Users who are not Consumers (B2B) is excluded for:
damages resulting from interruptions in the Application's operation, system errors, or data loss,
lost profits (lucrum cessans),
indirect and consequential damages.
The total liability of the Provider towards a User who is not a Consumer (B2B) for any reason is limited to the amount paid by that User to the Provider in the period of the last 3 (three) months prior to the event causing the damage, and in the case of the Free Plan – to the amount of 100 PLN.
§ 12.
Intellectual Property
All components of the Application (code, graphics, logo, interface) are subject to legal protection under copyright and industrial property rights belonging to the Provider.
The User receives only a non-exclusive, time-limited (for the duration of the Agreement) license to use the Application in accordance with its intended purpose (SaaS).
§ 13.
Out-of-court Dispute Resolution – Consumers
Consumers have the possibility to use out-of-court methods of dealing with complaints and pursuing claims (e.g., the EU ODR platform, consumer ombudsmen).
§ 14.
Personal Data
Information on the processing of personal data by the Provider can be found in the Privacy Policy available in the Application.
§ 15.
Changes to the Service
The Provider may make changes to the Application (updates, new features, interface changes) in order to develop it and adapt it to the market.
In the case of Consumers, significant changes will be introduced in accordance with the requirements of Art. 43m of the Consumer Rights Act.
§ 16.
Amendments to the Terms
The Provider may amend these Terms.
Users will be informed about changes to the Terms via e-mail or a message in the Application at least 14 days in advance.
In the absence of acceptance of the changes, the User has the right to terminate the Agreement (delete the Account) before the changes enter into force.
§ 17.
Final Provisions
These Terms shall be governed by the laws of Poland.
Any disputes with Users who are not Consumers or Solopreneurs with Consumer Rights shall be settled by the court competent for the seat of the Provider (Gdańsk, Poland).
These Terms enter into force on the day of publication.