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Terms of service

Terms of service

Thank you for your interest in our services. Read carefully the terms of service and privacy policy incorporated herein before you start using the Heyway mobile app, as these documents shall govern your use of our services.

BY DOWNLOADING, INSTALLING OR USING THE APP (AS DEFINED IN SECTION 1 BELOW) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED TO BE BOUND BY THESE TERMS OF SERVICE. YOU ALSO AGREE ON OUR PRIVACY POLICY WHICH TOGETHER WITH THESE TERMS OF SERVICE CONSTRUES THE AGREEMENT BETWEEN YOU AND US. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOU SHALL NOT USE OUR SERVICES.

  1. Definitions.Each time the one of the following terms starting with capital letter is used in this document, it shall have the following meaning:
    1. Account – User’s account in the App.
    2. Administrator – Let’s Meet sp. z o.o. with its registered seat in Warsaw under following address: Chmielna 2/31, 00-20 Warsaw, entered into commercial register in National Court Register in the District Court for the capital city of Warsaw, 12th economic division, under KRS no. 702848, NIP (VAT-EU): PL 5252728399, REGON: 368706396, with a share capital of 6250 PLN – fully paid, e-mail: support@heyway.pl
    3. Agreement – this terms of service containing the license agreement applicable to the User together with privacy policy published separately under following link: heyway.pl/privacy-policy.
    4. App – Heyway mobile application which allows you to add and browse announcements in various thematic categories, available for free download from the Apple Store (link: https://itunes.apple.com/us/app/Heyway/id1373115906?l=pl&ls=1&mt=8) and Google Play store (link: https://play.google.com/store/apps/details?id=pl.itcraft.heyway).
    5. Consumer – a natural person who is using the Services outside the scope of his/her economic or professional activity.
    6. ISP (Independent Service Provider) – third party who offers its services via the App.
    7. Premium Account – Account allowing access to App’s functionalities described in section 6 below.
    8. Premium User – User who holds access to valid Premium Account.
    9. Services – any services offered by the Administrator and regarding the App. For sake of clarity, term “Services” shall not be associated with any services offered by ISP.
    10. User – any user of the App.
  2. Acceptance of terms of service and privacy policy.
    1. By downloading, installing or using the App the User agrees that he/she has read, understood and accepted to be bound by the Agreement. If the User does not agree with terms of the Agreement, he/she shall not use the App.
    2. The User represents and warrants to be at least 18 years of age and fully able and competent to understand and accept the Agreement.
    3. Section titles used in this Agreement have indicative meaning only and do not restrict in any way any provisions of the Agreement.
    4. The User accepts that the Services are only licensed to the User, not sold or transferred in any other way. The User obtains non-transferable, non-exclusive license to use the Services with all reservations provided by the Agreement and applicable laws. The Administrator reserves all rights to the Services which are not expressly granted to the User.
    5. The Administrator reserves the right to conduct sweepstakes or contests which shall be governed by its own terms and conditions.
  3. Conditions of use of the Services.
    1. The App may be used free of charge by any persons who are at least 18 years oldand who are staying on the territory of Poland and have at least limited legal capacity.
    2. The use of the App requires that the following technical conditions are met:
      1. Access to broadband Internet connection.
      2. Use of mobile electronic device (smartphone or tablet).
      3. Use of iOS (version 10 or higher) or Android (version 5.0 or higher).
    3. The use of some particular functions of the App requires that the following additional technical conditions are met:
      1. Having an active Facebook account.
      2. Activating the geolocation service of the mobile electronic device with which the User uses the App.
    4. The User undertakes to use the App in accordance with the Agreement and the applicable laws.
    5. The use of the App in the basic version is free of charge, however, it may be related to the costs of Internet connection, data transfer and fees required by third parties (such as ISP) that offer their services as part of the App or through external websites connected to the App. The Administrator is not a beneficiary of any of these fees and is not responsible for their legitimacy and for the quality of services offered by third parties – to the extent permitted by mandatory provisions of law.
  4. Provision of the Services.
    1. The Services are provided in accordance with the Agreement and applicable laws.
    2. The Services are provided in English and Polish, in the territory of Poland. The Administrator reserves the right to extend the Services to other languages and other territories.
    3. The Administrator strives to provide the Services in a continuous manner and at the highest possible quality but disclaims any liability for interruption of Services or any deficiencies of the Services – to the extent permitted by mandatory provisions of applicable laws and without prejudice to the rights of Consumers arising from the mandatory provisions of law.
    4. The Services may include advertisements. Any goods or services offered by ISP and advertised through the App will be marked as promoted or advertised.
    5. The main features of the App are:
      1. Possibility of adding the announcements within various thematical categories available within the App – such as: “Date”, “Party”, “Sport”, “Culture”, “Trip”, “Spontaneous”, “Other”.
      2. Possibility of browsing the announcements placed within the App by other Users.
      3. Possibility of contacting, messaging and chatting with other Users within the App.
    6. The features listed in pt. 4.5 above are dependable on access to Internet connection and features listed in pt. 4.5.1 and 4.5.2 are also dependable on GPS localization and GeoIP mechanism and may not always be accessible or fully functional. In case the User chooses to disable the functions referred to in the preceding sentence in his/her electronic device, the Services will not be fully functional. The User understands and accepts that any localization based Services using the mechanisms referred to in this clause may not be accurate and the Administrator disclaims any warranties (including statutory warranty) related to these Services – to the extent permitted by mandatory provisions of applicable laws.
    7. The App may include functionality to automatically check for updates or upgrades to the App. Unless the settings of the electronic device or the software used for use of the App prevent transmission of updates or upgrades, the Administrator may provide notice of the availability of such updates or upgrades and the App may automatically download and install on User’s electronic device such upgrade or update. Any upgrades and updates of the App shall be provided under the terms of the Agreement.
    8. The Administrator will be entitled to introduce referral or incentive based programs for the Users. Such programs may be governed by separate terms of service and modified, cancelled or discontinued without prior notice to the User – unless mandatory provisions of applicable laws demand User’s notification.
    9. The User may receive certain information from the App (such as notifications about updates, comments or messages from other Users, etc.).
    10. The Administrator reserves the right to interfere in the technical structure of the User’s Account in purpose of diagnosing irregularities in the functioning of the Services, and may make changes and in any other way affect the technical structure of the Account in order to modify it or restore proper operation of the Account or App.
    11. The Administrator reserves the right to temporarily completely or partially deactivate the App for its improvement, modification or maintenance, after informing Users in advance.
    12. The Administrator reserves the right to anonymous publication of queries directed by the Users to the Administrator regarding the functioning of the App and advice provided to the Users.
    13. The Administrator reserves the right to use the App and any communication channels functioning within it to conduct commercial, advertising and marketing activities among Users, as well as to add additional informative, advertising or marketing content to the content transferred between Users within the App. The User consents that the Administrator may add the above-mentioned content to correspondence conducted by the User with other Users within the App. Such content will be added automatically, without interfering with communication between Users.
  5. User’s registration.
    1. Registration of the User and creation of the Account is necessary for any use of the Services.
    2. The registration of the User shall be made via a registration form available in the App. The registration form requires providing following data:
      1. User’s e-mail address.
      2. User’s name.
      3. User’s password to the Account.
      4. User’s confirmation to be at least 18 years old and User’s acceptance of the Agreement.
      5. Confirmation that the User consents to processing of his/her personal data provided by the User within the registration process and other personal data which may be shared by the User within his/her use of the Services.
    3. The User may also create his/her Account by linking it with his/her Facebook account and sharing in this manner information regarding User’s public profile on Facebook.
    4. The User acknowledges and agrees that information available in his/her Facebook account will be available to other Users and the Administrator accordingly with Facebook account privacy settings chosen by the User.
    5. After creating the Account, the user shall be redirected to the settings of his/her Account where provision of following additional data is required:
      1. User’s date of birth.
      2. User’s gender.
      3. User’s city of residence.
      4. User’s profile picture (the App requires uploading of a clear picture of User’s face, presenting the current image of the User). User photo must not exceed 2048×2048 pixels. Maximum file size is 2 megabytes .
      5. User profile description – The User may in this regard provide any information selected by him/her, aimed at bringing his/her person closer to other Users. THE USER SHALL PRESERVE REASON AND MODERATION IN CHOOSING INFORMATION WHICH HE/SHE WANTS TO SHARE WITHIN THE APP AND ACKNOWLEDGES THAT SHARING OF CERTAIN INFORMATION, REGARDING FOR EXAMPLE PERSONAL IDENTIFICATION NUMBER, BANK ACCOUNT NUMBER, SOCIAL LIFE, OR THE HEALTH CONDITION OF THE USER OR ANY OTHER PERSON MAY ENABLE THIRD PARTIES ACTIONS EFFECTING WITH DAMAGE OR HARM INCURRED BY THE USER OR SUCH OTHER PERSON.
    6. GIVEN THAT THE APP AIMS TO ENABLE AND FACILITATE COMMUNICATION BETWEEN THE USERS WHILE ENSURING THEIR SAFETY AND TRANSPARENCY OF USE OF THE APP (INCLUDING PREVENTION OF FRAUD, TROLLING AND OTHER ILLEGAL ACTIVITIES BASED ON THE INTERNET ANONIMITY) PROVISION OF CORRECT AND TRUE DATA LISTED IN PT. 5.2 AND 5.5 ABOVE IS REQUIRED TO USE THE APP. THE USER WHO DOES NOT CONSENT ON SHARING SUCH DATA AND PROCESSING OF SUCH DATA BY ADMINISTRATOR IN PURPOSE OF PROVISION OF SERVICES, SHALL NOT CREATE HIS/HER ACCOUNT OR DELETE HIS/HER ACCOUNT AND RESIGN FROM USING THE APP.
    7. The User may change in the Account settings any data indicated during registration. The change made by the User can not, however, violate the provisions of the Agreement.
    8. The Administrator reserves the right to change the details of the registration process at any time at his sole discretion.
    9. The User represents than any data given at registration process are true and accurate. In case of creating the Account via Facebook account, the User represents that he/she owns the Facebook account used for registration to the App and provided true and accurate information necessary to create the Account. The User undertakes to update information given at the registration process in case they have changed – immediately after the change of such data. The User understands that the App and Facebook are completely independent from each other and Administrator is not liable for proper functioning of Facebook, as well as Facebook owners are not liable for proper functioning of the App.
    10. The User is liable for protecting the password used to create the Account from unauthorized access.
    11. The User may delete the Account at any time, which shall mean the resignation from further provision of the Services by the Administrator.
    12. The User may hold only one Account in the App at a time.
    13. Subject to point 6.6 below, the User has the right to withdraw from the Agreement within 14 days from the date of Account creation (registration in the App). However, if User starts using the App before the deadline for withdrawal from the Agreement, the User is deemed to have requested the Services to be provided before the withdrawal period has expired and the User is no longer entitled to withdraw from the Agreement.
    14. The declaration of withdrawal from the Agreement shall be sent electronically to the following Administrator’s e-mail address: support@heyway.pl (via e-mail sent from the e-mail address associated with the Account) or by registered mail to the Administrator’s address indicated in point 1.1 above.
    15. The declaration on withdrawal from the Agreement submitted electronically should include the name and surname of the User, the date of conclusion of the Agreement (creation of the Account) and a statement saying „I hereby withdraw from the contract for the use of Heyway Application in the mode of art. 27 of the Act on consumer rights” or equivalent.
    16. The declaration on withdrawal from the Agreement made via a registered letter, apart from the information indicated in clause 5.15 above, should contain the date of submitting the declaration and the correspondence address, as well as the User’s own signature.
    17. Submitting a declaration of withdrawal from the Agreement, the User may use the template contained in Annex No. 2 to the Act on consumer rights available in Polish at:http://prawo.sejm.gov.pl/isap.nsf/DocDetails.xsp?id=WDU20140000827.
  6. Premium Account.
    1. The User is entitled to purchase subscription for Premium Account.
    2. The Premium Account entitles the User to use following additional features of the App:
      1. Marking the User as the Premium User.
      2. Possibility to add announcements in freely chosen location within the territory of Poland.
      3. Possibility to browse announcements in freely chosen location within the territory of Poland.
      4. Possibility to add announcement including video material no longer than 30 seconds and not exceeding 128 megabytes (while the User using the basic Account is entitled to add video material no longer than 10 seconds and not exceeding 128 megabytes).
      5. Possibility to send to other Users, within the App’s chat, video material no longer than 60 seconds and not exceeding 128 megabytes.
      6. Lack of daily limit for using the option “Take interest in the announcement”. The User using basic Account can use this option only 10 times a day.
      7. Possibility of simultaneously having a maximum of 7 active announcements in the App (including a maximum of 3 announcements in a given category). The User holding an Account in the basic version may have at the same time a maximum of 3 active announcements in the App (including a maximum of 1 announcement in a given category).
    3. Purchase of access to Premium Account is possible by choosing one of the packages offered within the App (ranging in price and validity period). Purchase is made via Apple Store (link: https://itunes.apple.com/us/app/Heyway/id1373115906?l=pl&ls=1&mt=8) or Google Play store (link: https://play.google.com/store/apps/details?id=pl.itcraft.heyway), according to the purchase terms offered by these stores.
    4. Payment returns will be made only in situations expressly listed in the Agreement or in mandatory provisions of law.
    5. The Administrator will not be processing any bank data used by the User to purchase access to Premium Account, receiving only confirmation of payment of an individual purchase order generated by the User in the Apple Store or Google Play store.
    6. The commencement of using the Premium Account after paying the Premium Account subscription by the User is tantamount to requesting Services to be provided within the 14 days period for withdrawal from the Agreement and results in the loss of User’s right to withdraw from the Agreement within the scope of Premium Account subscription. If the User, after paying for the Premium Account subscription, does not start using the Premium Account, he/she will be entitled to withdraw from the Agreement within the scope of Premium Account subscription within 14 days from its conclusion (making the payment).
  7. Restrictions on use of the Services.
    1. Any use of the App which is contrary to this Agreement or applicable laws is strictly prohibited.
    2. Dissemination of any spam or other unwanted or onerous content, as well as any pornographic, offensive, defamatory or vulgar content, within, through or to the App, the linked services or Administrator’s e-mail addresses is strictly prohibited. The App may not be used to offer escort service, particularly sexual service.
    3. The App may not be used by the User in order to solicit or promote any goods or services. Any promotion may be carried out only based on prior explicit consent of the Administrator. Any parties interested in promotion of their goods or services in the App shall contact the Administrator on e-mail address: support@heyway.pl. Promotion of services offered by ISP may be carried out only based on a separate agreement concluded between ISP and Administrator.
    4. The User agrees not to:
      1. Modify, alter, sell, license, reproduce or exploit in any other way any content of the App.
      2. Infringe any rights (including copyrights) of the Administrator, other Users or third parties.
      3. Decompile, disassemble, decipher any content of the App.
      4. Use any spambots, robots, scrapers or other automated software within or in connection with the App.
      5. Breach or bypass any security or other control mechanisms within the App or third party services linked with the App
      6. Perform any fraudulent or criminal activity.
      7. Use the App in any way contrary to road safety regulations, particularly engage in the App while driving.
    5. The User specifically agrees not to post or transmit any content or engage in any activity which:
      1. Is contrary to the Agreement or applicable laws.
      2. Violates any third-party rights or rights of any other Users or the Administrator.
      3. Is abusive, harmful, vulgar, indecent, defamatory, discriminatory, hateful, harassing, tortious or prohibited in any other way.
      4. Includes inauthentic or knowingly erroneous reviews, ratings or opinions.
      5. Attempts to impersonate any other party.
      6. Constitutes a form of deceptive advertisement.
      7. Is commercial in nature (with exception of permitted use of the App by ISP).
      8. Implies that the content or the activity is sponsored or endorsed by the Administrator.
      9. Contains spam, viruses, Trojan horses or other malicious software.
      10. Is fraudulent or misleading.
    6. The User agrees not to participate in any activities listed in pt. 7.4 – 7.5 above, nor encourage anyone to participate in these activities.
  8. Termination of access to the App.
    1. The Administrator reserves the right to terminate the Account of any User who breaches provisions of the Agreement or applicable laws.
    2. In case of minor infringements, the Administrator will firstly inform the User about the infringement and appeal for cessation of infringements. In case of significant violations of the Agreement or applicable laws, the Administrator may terminate the Account immediately, informing the User about this fact and grounds for termination of the Account.
    3. In situations referred to in pt. 8.1 – 8.2 above, the User who is not a Consumer will not be entitled to any refunds nor compensation for unused period of purchased subscription to Services.
    4. The Administrator reserves the right to cease provision of the Services, giving prior notice to the User with 30 day notice period. In this situation the Administrator will refund the payments made for unused part of subscriptions purchased by the User. The refunds will be made no later than within 7 days from the end of provision of the Services to the bank account indicated by the User within 7 days from receipt of Administrator’s information referred to in first sentence of this clause. In case the User who is not a Consumer should not indicate the bank account to which the refund shall be made within the deadline specified in preceding sentence, he/she waives any claims regarding any refunds for unused part of the purchased subscriptions. The User will not be entitled to any further compensation claims against the Administrator unless the mandatory provisions of applicable laws or other provisions of the Agreement state otherwise.
    5. Information about cessation of provision of Services will be sent by the Administrator on e-mail address indicated by the User within the Account and will be acknowledged to be delivered the same day it was sent. The User accepts responsibility for provision of correct and updated e-mail address and regular checking of e-mail box linked with the Account.
    6. None of the foregoing provisions restricts in any way any rights of the Consumers provided by mandatory provisions of applicable laws.
  9. Intellectual property.
    1. Unless stated otherwise, all pictures and information available in App are owned by or licensed to the Administrator. Anyone who claims any rights to such pictures or information and disagrees with their use in the Services may place a content removal request to the Administrator. The content removal request shall be sent to Administrator’s contact e-mail address: support@heyway.pl and properly motivated and documented. The Administrator reserves the right to demand documentation proving that content removal request is justified.
    2. The User acknowledges and accepts that the App may include open source software or third party software which can be used under the terms of applicable licenses.
    3. Any content published in third party services (such as Facebook) which are linked to the App is subject to laws and regulations provided by third party for these services.
    4. Reproduction or republication of any content available in the App without prior written consent of the Administrator is strictly forbidden. The User acknowledges that illegal use of any content available in the App may effect with legal responsibility of the User for such forbidden use.
    5. The User acknowledges that the App contains original works and has been developed, compiled and arranged with the expenditure of substantial time, cost and effort and constitute valuable intellectual property of the Administrator which may also include confidential information which shall not be disclosed without prior written consent of the Administrator.
  10. User’s content.
    1. The User may add his/her own content directly in the App or in the linked external services (such as Facebook).
    2. The User grants the royalty-free, non-exclusive, transferable, sublicensable, irrevocable, unlimited geographically or temporally license to the Administrator for any content placed by the User in the App on all fields of use which are known at the moment of placing this content in the App. The Administrator will be entitled, among others, to: use the User’s content in the App, present it publicly within the App, the Platform and in other public forums (particularly on the Internet), print it, publish it, modify it, copy it and incorporate it into the framework of larger studies, to the full extent permitted by applicable laws.
    3. By sharing or posting any content with another User, the User grants that another User a non-exclusive, royalty-free license to access and use that content on terms specified in this Agreement and within functionalities provided by the App.
    4. In regard to the content placed by the User in external services (such as Facebook), the User undertakes to adhere to conditions specified for use of those services and grants proper licenses due to those conditions, to the full extent permitted by applicable laws.
    5. The User undertakes to refrain from any forms of solicitation, marketing or advertising of any products or services within or through the App. Marketing or advertising of products by ISP may be conducted only based on separate agreement concluded between ISP and Administrator.
    6. Any reviews, opinions and information placed by the User in the App shall be material, brief and sedate. The User represents and warrants to be the sole author of any review or opinion placed in or through the App and that the review or opinion placed by the User represents his/her actual experience and he/she was not paid or otherwise remunerated to post this review or opinion.
    7. The User represents and warrants that he/she is entitled to any actions which he/she undertakes referring to the content publicized by the User within the App or through the App or external services linked with the App.
    8. The User assumes all the risk associated with placing any content in or through the App. The User acknowledges and agrees that any content placed by the User in or through the App and any liability arising from such content is the sole responsibility of the User who placed such content in the App or through the App.
  11. Disclaimer of warranties and limitation of liability.
    1. The App has been designed to enable Users to establish and maintain contacts, organize meetings, joint participation in sports and cultural events, etc. The Administrator has no influence on the content of announcements placed by Users within the App.
    2. To the fullest extent permitted by provisions of applicable laws, Administrator’s liability is excluded if the content of the App, in particular the content of announcements published by Users, is inaccurate or out of date.
    3. The Administrator has the right to update and change the content of the App at any time without notice, with the reservation that interference in the content published by Users can only take place if such content violates the provisions of the Agreement or generally applicable laws.
    4. If the content of the Services offered by the Administrator within the App is narrowed by the Administrator in relation to the content offered at the time of purchase of the Premium Account subscription by the User, the User who has a valid Premium Account subscription may demand a corresponding reduction in the price of the subscription or terminate the Agreement immediately and request a refund of the purchase price paid for the unused part of the Premium Account subscription.
    5. The Administrator does not guarantee accuracy of the content of the App and disclaims any liability for services offered or content placed in the App by any User or any third party.
    6. Subject to pt. 11.11 below, the guarantee and the statutory warranty of the Administrator, its affiliates, owners and members of the Administrator’s authorities in relation to the App are excluded to the full extent permitted by applicable laws, in particular, without prejudice to any rights due to Consumers by the force of mandatory applicable laws.
    7. Subject to pt. 11.11 below, to the fullest extent permitted by provisions of applicable laws, in particular, without prejudice to any rights due to Consumers by the force of mandatory applicable laws, the Administrator as well as its affiliates, owners and officers disclaim any liability for any damages incurred by the Users or any third parties in connection with use of the App.
    8. The User agrees that the Administrator as well as its affiliates, owners and officers, to the fullest extent permitted by provisions of applicable laws and subject to provision of pt. 11.11 below, in particular, without prejudice to any rights due to Consumers by the force of mandatory applicable laws, disclaim any liability for damages incurred by the User as a result of:
      1. Downloading of any viruses, Trojan horses or any other malicious software with connection to the App or the webpage dedicated to the App (www.heyway.pl).
      2. Any loss of data transmitted or stored by the User.
      3. Any errors or inaccuracies of the App.
      4. Personal injury or property damage resulting from use of the App.
      5. Any loss of time or means resulting from errors or inaccuracies of the content presented in the App.
      6. Any unauthorized access to the User’s Account.
      7. Any interruptions or cessation of provision of Services due to force majeure event, interruptions or cessation of services provided by Internet or hosting providers.
      8. Disclosure of information provided by the User.
      9. Any defamation, insult, abuse or loss of reputation or profit suffered by the User in connection with the use of the App.
    9. Subject to pt. 11.11 below, the Administrator disclaims any liability for any losses, property damages or personal injuries incurred by the User in regard to use of any external services linked with the App.
    10. The User is fully and solely responsible for his/her communication with other Users, Administrator or any third parties.
    11. The foregoing provisions of section 11 of these terms of service shall not exclude nor limit any User’s rights provided by mandatory provisions of the applicable laws, in particular:
      1. Shall not limit Administrator’s liability for any damage caused intentionally by Administrator.
      2. Shall not limit any of Consumer’s rights provided by mandatory provisions of applicable laws, in particular, the right to pursue any legal claim if the Consumer suffers personal damage for reasons attributable to the Administrator or in the event of the Consumer suffering any damage as a result of non-performance or improper performance of any obligation of the Administrator resulting from this Agreement with respect to the Consumer.
  12. Indemnification.
    1. The User agrees to indemnify the Administrator, its affiliates, owners and officers, and defend them against any damages, losses, expenses, proceedings and actions suffered or incurred as a result of or in connection with:
      1. The content publicized by the User within or through the App.
      2. Unauthorized use of the App by the User.
      3. Breach of the Agreement by the User.
      4. Violation of any rights of any other User, Administrator or any third party by the User in connection with the use of the App.
    2. The Administrator reserves full and sole right to settle and pay any claims which are brought against him, without the User’s prior consent.
    3. The User shall not settle nor accept any claims brought jointly against the User and the Administrator without prior consent of the Administrator obtained in a written form – at pain of nullity.
    4. The User undertakes to provide the Administrator with any documentation and information required by the Administrator in order to protect the Administrator’s rights and interests against any claims brought against the Administrator in connection with situations listed in pt. 12.1 above.
  13. User feedback.
    1. Any technical queries regarding the App should be placed by the User via an e-mail message sent from User’s contact e-mail address linked with User’s Account to the Administrator’s contact e-mail address: support@heyway.pl.
    2. Any feedback regarding improvement of the App should be placed by the User via an e-mail message sent from User’s contact e-mail address linked with User’s Account to the Administrator’s contact e-mail address: support@heyway.pl.
    3. Any violation of the Agreement or applicable laws within the use of the App by other Users should be reported by the User via e-mail sent from the User’s e-mail account associated with the User’s Account to the following e-mail address of the Administrator: support@heyway.pl
    4. Subject to pt. 13.5 and 13.7 below, the Administrator will endeavor to analyze and respond to received queries, complaints and feedback in fastest possible time, no later than within 30 days from its receipt.
    5. In case of any filed claim regarding the quality of Services purchased from Administrator by any User who is a Consumer, the Administrator undertakes to respond to the complaint within 14 days.
    6. Any complaints regarding quality of Services purchased by the Users who are Consumers which are not responded to within the deadline specified in pt. 13.5 above will be deemed accepted by the Administrator. The Administrator disclaims any warranty (including statutory warranty) regarding the Services purchased by Users who are not Consumers.
    7. The Administrator reserves the right to not respond to queries or feedback which:
      1. Can be resolved easily, without professional knowledge, using information available to the User in the App.
      2. Is filed in language other than Polish or English.
      3. Is incomprehensible.
      4. Falls into a definition of spam.
      5. Is not objectively connected with the Services.
      6. Is irrelevant to accessibility or proper functionality of the Services.
      7. Is filed by anyone else than the User who holds or held a valid Account.
      8. Contains any malicious software such as viruses or Trojan horses.
      9. Is vulgar, abusive, defamatory, discriminatory or offensive.
      10. If filed in ill will in order to obstruct Administrator’s activities.
  14. Personal data protection.
    1. Rules for collection, processing and storing of User’s personal data are specified in a separate document – privacy policy – available under following link: heyway.pl/privacy-policy which together with these terms of service construes the Agreement between the Administrator and the User.
  15. Governing law and jurisdiction.
    1. Polish laws shall govern, construe and enforce all of the rights and duties of the Administrator and the User arising from or relating in any other way to the subject matter of the Agreement or use of the Services. The preceding sentence does not limit any Consumer’s rights which may result from mandatory provisions of laws applicable in country of residence of the Consumer which shall be applied to the Agreement according to mandatory provisions of Polish and EU laws.
    2. Any disputes between the Administrator and an User who is not a Consumer, arising from or relating in any other way to the subject matter of the Agreement or use of the Services shall be subject to jurisdiction of competent polish courts in Warsaw or Poznan (in Poland), chosen by a plaintiff/petitioner.
  16. Changes of terms of service.
    1. The use of the Services is always subject to the Agreement in updated version, available under following link heyway.pl/terms-of-service, including all the alterations incorporated up to date of use.
    2. The User will be informed about any alterations to the Agreement by an-email message sent by the Administrator to User’s e-mail address linked with User’s Account.
    3. The User who already purchased and holds valid subscription to the Premium Account or any other valid subscription allowing periodic access to the Services (hereinafter referred to as “the Subscriber”) may reject the alterations to the Agreement within 30 (thirty) days from receipt of an e-mail message referred to in pt. 16.2 above.
    4. In relation to the Subscriber, the previous version of the Agreement will be effective:
      1. Until the end of 30-day period from receipt of an e-mail message referred to in pt. 16.2 above – if the Subscriber will not reject the alterations to the Agreement within aforementioned 30-day period.
      2. Until the end of the period for which the access to the Platform or other Service was already purchased by the Subscriber – if Subscriber will reject the alterations to the Agreement within 30-day period from receipt of an e-mail message referred to in pt. 16.2 above.
    5. The e-mail message referred to in pt. 16.2 above shall be deemed as received the same day it was successfully sent by the Administrator to User’s e-mail address linked with User’s Account.
    6. Subscriber may reject the alterations to the Agreement via an e-mail message sent from Subscriber’s contact e-mail address linked with Subscriber’s Account to the Administrator’s contact e-mail address: support@heyway.pl – within the deadline specified in pt. 16.3 above.
    7. After the end of the period specified respectively in pt. 16.4.1 or 16.4.2 above, the altered version of the Agreement shall apply to the Subscriber.
    8. The User may not object to any amendment of the Agreement that is required by law. Such amendments of the Agreement shall enter into force at the latest on the day of entry into force of the law which has forced the amendment of the Agreement.
  17. Validity of the Agreement.
    1. The Agreement enters into force on 20.04.2018.
    2. In case any provision of the Agreement is contrary to mandatory provision of law, it shall be replaced or annulled by corresponding mandatory provision of law and the remaining provisions of the Agreement shall remain valid.
    3. None of the provisions of the Agreement shall constitute any form of partnership or agency between the Administrator and the User. The User is not entitled to represent the Administrator in any form or manner, nor to incur any liabilities in Administrator’s name.
    4. The Agreement is published in Polish and English. Both versions of the Agreement are identical, provided that the order of defined terms in section 1 of terms of service differs – terms are defined in alphabetical order in both language versions of the Agreement. Subject to provisions of preceding sentence, in case of any discrepancies between those two versions:
      1. the Polish version shall prevail in regard to Users who are:
        1. not Consumers
        2. are Consumers who have Polish citizenship or are domiciled in Poland.
      2. The English version shall prevail in regard to Consumers who are not domiciled in Poland and are not Polish citizens.
    5. The User may apply for an electronic copy of the Agreement via an e-mail message sent by the User from its contact e-mail address linked with User’s Account to the Administrator’s contact e-mail address: support@heyway.pl.