GROWLIST TERMS OF SERVICE

Web-based Service functioning under the address www.growurbusinesses.com, is ran by Karolina Drozd, being an entrepreneur functioning under the name “KAROLINA DROZD Architecture & Design Studio”, address: Aleja Zwycięstwa 195/4, 81-521 Gdynia, Poland, entered into Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CeiDG), NIP (Tax Identification Number): 5861977874, REGON: 220165742.

GENERAL PROVISIONS
1. Phrases used within the Terms have the following meaning:
  1. Subscription – periodical remuneration paid by the User on behalf of the Service Provider, stemming from conclusion of the agreement for accessing paid elements of the Service. The rate of Subscription and frequency of its payment are indicated directly within the Service.
  2. Account – an account of the User, maintained within the Service under a unique name (login) which consists of set of functionalities enabling logging into the account by the User. The account contains the User’s data and information on their activity within the Service. The User’s Account enables usage of various functionalities of the Service and is required for purchase of the Subscription and accessing paid elements of the Service.
  3. Consumer – a natural person performing a legal act not directly connected with their business or professional activities, having additional rights stemming from appropriate provisions of law, especially the Act from 30th of May 2014 on rights of consumers.
  4. Messenger – a separate functionality of the Service enabling communication between the Users.
  5. Newsletter – a service enabling sending of SMS or e-mail messages by the Service Provider to the User, which will contain information on products and services of the Service Provider.
  6. Entrepreneur – a natural person, a legal person or an organizational unit that is not a legal person, to which a separate act grants legal capacity, who is running a business in their own name and who is not a Consumer, and who uses services provided electronically by the Service Provider through the Service.
  7. Individual Entrepreneur – a natural person, concluding an agreement directly connected with their business, whereas the agreement’s contents indicate that it does not have a professional character for such a person, arising in particular from the subject of that person’s business activities, for example made available on basis of information stored within Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CEiDG)
  8. Terms – these Growlist Terms of Service.
  9. Registration – procedure of creating a User’s Account.
  10. Service – Internet platform available under the address www.growurbusiness.com, consisting of set of IT elements, including especially software and server-based solutions, which enable the Users to access the Service’s resources via the Internet,
  11. Parties – the User and the Service Provider.
  12. Contents – any data, products, or services available within the Service, including text, images, videos, live broadcasts
  13. Offer – information on the User’s undertakings placed within the Service, especially relating to products or services offered by them or their declaration of need for specific products or services, as well as other forms of encouraging cooperation.
  14. Agreement – binding arrangements of the Parties, on basis of which the Service Provider provides services on behalf of the User. The contents of the Agreement are especially set forth by the Terms.
  15. Service Provider – Karolina Drozd, being an entrepreneur functioning under the name “KAROLINA DROZD Architecture & Design Studio”, address: Aleja Zwycięstwa 195/4, 81-521 Gdynia, Poland, entered into Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CeiDG), NIP (Tax Identification Number): 5861977874, REGON: 220165742.
  16. User – entity using the Service, either by themselves or with the help of persons authorized to act on their behalf, especially employees, representatives, proxies. Access to elements of the Service which require logging in is possible for Users who have went through the process of Registration within the Service and have an active Account.
2. These Terms were implemented by the Service Provider in order to meet the requirements stipulated by the Act from 18th of July 2002 on provision of services by electronic means (Journal of Laws of 2020, item 344, as amended) and constitutes an agreement for provision of services by electronic means concluded between the User and the Service Provider, whereas the subject of this agreement is provision of services by electronic means on principles stipulated in the Terms, especially covering the rules of using the Service by the Users.
3. These Terms are a document setting forth the rights and obligations of the Users and the Service Provider and constitute a binding agreement concluded between the Service Provider and the Users using the Service. Creation of the Account within the Service or using the services provided via the Service requires acceptance of the Terms. Acceptance of the Terms is tantamount to conclusion of the Agreement for provision of electronic services between the Service Provider and the User.
4. The moment of conclusion of the Agreement between the Parties shall be the creation of the User’s Account – in this case the Agreement concluded between the Parties relates to maintaining the User’s Account and enabling access to free elements of the Service.
5. The Agreement is concluded in accordance with Polish law and these Terms unless provisions of applicable law specify a different jurisdiction.
6. The Service Provider hereby indicates that some provisions of the Terms provide additional rights to the Consumers. If these Terms mention additional rights of the Consumers, it does not mean that these Rights also belong to Users who are not Consumers.
7. A “Service Provider” in understanding of the Act from 18th of July 2002 on provision of services by electronic means and the Terms is: Karolina Drozd, being an entrepreneur functioning under the name “KAROLINA DROZD Architecture & Design Studio”, address: Aleja Zwycięstwa 195/4, 81-521 Gdynia, Poland, entered into Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CeiDG), NIP (Tax Identification Number): 5861977874, REGON: 22016574.
8. Detailed contact data of the Service Provider is the following
  1. Service Provider’s address: Aleja Zwycięstwa 195/4, 81-521 Gdynia
  2. Service Provider’s e-mail: contact@growurbusinesses.com
  3. Phone number:+48 695 392 502
9. The User can contact the Service Provider with use of contact information indicated above.
10. The User may agree to receipt of trade information in understanding of provisions of the Act from 18th of July 2002 on provision of services by electronic means and Article 172 of Telecommunications Act, in form of the Newsletter. The Newsletter revolves around sending of messages promoting or informing on the services or goods of the Service Provider. The Newsletter is sent to the User’s e-mail or phone number. The frequency of sending the Newsletter and scope of information contained therein is a sole decision of the Service Provider. The User can resign from receiving the Newsletter at any time (a) by using a dedicated link contained within each message received as part of the Newsletter, (b) by contacting the Service Provider, or (c) by using a dedicated functionality within the User’s Account. Signing up for the Newsletter is voluntary.
11. The services are intended to be provided by the Service Provider on behalf of business clients, that is, entities with registered businesses, who use the provided services in connection with their business activities – especially sole entrepreneurs, members of partnerships, partnerships, and commercial companies. Moreover, due to the fact that undertaking activities meant to gain new clients, subcontractors, contractors is always an integral element of running a business, it is recognized that sole entrepreneurs (including Individual Entrepreneurs) which use the services provided by the Service Provider are not entities entitled to additional consumer rights, as covered by regulations on rights of the consumers. Additionally, it is deemed that the Agreement concluded between the Parties in this case is directly connected with their business activities. In a scenario where the Service is used by persons entitled to additional consumer rights, provisions of point 12 will apply.
12. The Service Provider hereby reserves their right to verify whether Users are entities running a business, especially by comparing the data provided by the User or implemented by them within the Service with the data available in commonly available business registries, such as Central Registration and Information on Business (Centralna Ewidencja i Informacja o Działalności Gospodarczej – CEiDG) or National Court Registry (Krajowy Rejestr Sądowy – KRS).
PURPOSE AND FUNCTIONING OF THE SERVICE
1. The Service is meant to
  1. familiarize oneself with the Contents of the Service, both free and paid
  2. create and access the User’s Account
  3. use the functionalities of the Service, understood as
    1. enabling searching for entities willing to provider services, sell goods, or undertake – broadly understood – business cooperation
    2. familiarizing oneself with the Offers
    3. publicizing one’s own Offers
    4. posting questions and answers under Offers, which could be publicly visible
    5. communicating within the Service with other Users via the Messenger
  4. provide the Newsletter service on behalf of the Users
  5. give possibility to contact the Service Provider
2. In a scenario where an Offer posted by the User indicates sale of goods or provision of services to which specific provisions of law apply – e.g., those which require appropriate concessions, permits, or certificates – the User is obliged to present such documents, so that other Users possibly interested in a cooperation could properly verify the permissions of the User posting the Offer. Lack of appropriate documents presented by the User may result in hiding of the Offer until the doubts are cleared or may result in removal of the Offer from the Service.
3. The User is solely responsible for truthfulness of the Offer, its accuracy, clarity, and relevance to actual needs or proposed products or services. The User is also solely responsible for misleading information provided by them or their representative within the Offer.
4. The Service Provider does not guarantee that usage of the Service will contribute to the improvement of the User’s financial situation, in particular in terms of attracting new contractors and customers or improving the reputation of the User’s business
5. Communication between the Users taking place within the Service should remain civil and not violate personal rights of the Users or rights of third parties. Moreover, such communication must comply with generally applicable law.
6. In a scenario where the Users establish or carry out cooperation with other Users within the Service or undertake activities meant to establish such cooperation, the Users are obliged to communicate with the other cooperating party via the Service.
7. The Offers placed within the Service shall not constitute „an offer” in understanding of Polish Civil Code. As such, the Offers should be considered an invitation to begin negotiations (in understanding of Article 71 of Civil Code). Information placed within the Offers shall not constitute “a commercial offer” in eyes of Article 543 of Civil Code. This provision applies to information available within the Service regarding the possibility of purchasing the Subscription.
8. Offers within the Service are visible only to Users who have access to paid elements of the Service, and until
  1. The User has deleted such an Offer
  2. duration of such an Offer has expired
  3. The Service Provider have removed such an Offer due to non-compliance with the Terms or generally applicable law
  4. such an Offer has been removed due to non-payment of the Subscription by the User who posted the Offer
9. The Service Provider hereby indicates that acceptance of the Offer by Users and establishing cooperation between the Users is based on arrangements of the parties, constituting the binding agreement of the parties. The Service Provider indicates that such arrangements within the Service are done in documentary form, and as such, according to provisions of the Civil Code, they might be binding to the Users. The Service Provider is not a party of such arrangements between the Users and shall not be held responsible for their contents. This provision does not exclude the possibility of concluding their agreement in written or electronic form, as well as other forms permitted by provisions of law, where it is required by provisions of law or where Users wish to do so.
10. User’s contact details placed within the Offer, or their Account are visible to other Users only when such Users have purchased a Subscription.
11. The User is allowed to edit the contents of the Offer in order to correct mistakes, typos, or complete relevant information. The ability of editing the Offer should not be abused by the User for purposes of manipulating or make significant changes to the scope of the Offer.
12. The way in which the User presents the Offers can be adjusted via functionalities of the Service – in particular when it comes to visibility of the Offer to other Users.
USER REGISTRATION
1. Registration within the Service is voluntary and free of charge for all Users.
2. Registration within the Service requires provision of User’s personal data, especially including e-mail address, name, surname, phone number, business registry data (where the User is an Entrepreneur or an Individual Entrepreneur – namely, Tax Identification Number, Statistical Number, Business Registry Number). Provision of these information is voluntary but may be required to use specific services within the Service. The User is entitled to inspect and correct their personal data at any time. User’s Registration requires acceptance of provisions of the Terms.
3. User’s Registration is done via usage of dedicated form available within the Service.
4. A registered User gains access to full functionality of the Service after logging into their Account, that is, providing their login and password.
5. As a result of the Registration, an Account is created for the registered User. The registered User may supplement the information within their Account with their additional data which could be modified or deleted at any time.
6. The User should, when necessary, update the data inserted during the Account’s Registration by using an appropriate functionality within the Service.
7. Each User may have only one Account within the Service. One Account may only be used by one User, also understood as one Entrepreneur.
8. The User is solely responsible for correctness and actuality of data provided during the Registration.
9. The User is obliged to provide within their Account range of information enabling other Users to appropriately verify such a User, especially by providing information allowing for confirmation that the person managing the Account or posting Offers is authorized to act in name of a given User, e.g., as an employee, representative, or a proxy.
PAYMENTS AND TRIAL ACCESS
1. In order to access paid elements of the Service, it is necessary to purchase the Subscription.
2. Payment of the Subscription is possible only after creation of the User’s Account. Access to paid elements of the Service is bound to a given User’s Account and cannot be transferred to other entities.
3. Paid elements of the Service are
  1. the ability to view and post Offers
  2. the ability to establish contact between the Users via the Messenger
  3. access to the Contents within the Service which are marked as paid
  4. access to contact details of specific Users
  5. other functionalities of the Service, labeled as paid
4. The User can make payments via the payment methods provided by Stripe Payments Europe, Limited, with whom the Service Provider cooperates.
5. The user can become aware of price of the Subscription and frequency of its payments before the Agreement is concluded.
6. After the Subscription is paid, the Service Provider issues a VAT invoice and sends it to the e-mail address of the User provided during the Registration. By purchasing the Subscription, the User agrees to receipt of invoices by electronic means.
7. The Service Provider enables the possibility of gaining temporary and free trial access to paid elements of the Service („Trial Access”). The Service Provider makes a reservation that Trial Access can be appropriately limited and may not provide access to all paid elements of the Service. The purpose of Trial Access is enabling the Users to become familiarized with functionalities of the Service. The Service Provider shall establish the scope of the Trial Access of their own volition. In order to obtain the Trial Access, the User must create a User Account (if they do not have one already) and
  1. use a functionality of the Service dedicated for this purpose or
  2. contact the Service Provider for this purpose, using the contact details indicated in the Terms or within the Service.
8. The User, prior to obtaining Trial Access, shall be informed about its duration and possible additional limitations which stem from the way in which the Service operates. In particular, the Trial Access may be limited in regard to posting Offers or contacting other Users via the Messenger.
9. Provisions of the Terms shall apply to the Trial Access accordingly, especially in regards to obligations of the User stipulated in point 2, point 10 and point 11.
DELETING USER’S ACCOUNT
1. The User may, at any time, without stating any reasons, and without incurring any fees, terminate the agreement relating to maintaining the User’s Account. In such a case, the Service Provider shall, without undue delay, delete the contents of User’s Account, including personal data provided by the User, retaining only data meant for internal use as required by generally applicable laws. The Service Provider may archive the contents of the Offers for internal use and for legitimate needs reported by other Users (including for purposes of seeking claims by these Users).
2. Termination of the agreement may happen by:
  1. deleting the User’s Account with use of a dedicated functionality of the Service,
  2. sending a written or documentary (including in form of an e-mail message) statement to the Service Provider.
3. The Service Provider may refuse Registration within the Service, suspend provision of services on behalf of the User or delete the User’s Account, in a scenario where:
  1. in eyes of the Service Provider, the factual purpose of the User’s Registration is contrary to the principles and purposes of the services provided by the Service Provider,
  2. the User does not abide by the Terms,
  3. the User uses the Service in manner inconsistent with its purpose,
  4. the User does not abide by their obligations even after being called by the Service Provider to do so,
  5. the User provider false information during Registration process,
  6. the User submits content, which is unlawful, vulgar or violates personal rights of other Users within the Service,
  7. the User refuses to accept changes to the Terms, as specified by point 15.1 of the Terms.
COMPLAINTS
1. The User, having access to the Service, may file a complaint regarding services provided by the Service Provider, in particular errors, defects, and problems in the Service’s functioning. The complaint may be sent to the following e-mail address: contact@growurbusiness.com. The complaint should contain:
  1. name and surname (or company name) of the User,
  2. User’s tax identification number,
  3. details of the contact person, including e-mail address,
  4. description of the issue,
  5. the User’s request.
2. The Service Provider may ask the User for additional information before answering the complaint. The answer to a complaint shall be provided within 14 days from the complaint’s receipt. Moreover, the answer shall be provided to the e-mail address from which the User submitted the complaint.
3. The Service Provider shall, without undue delay, undertake means necessary to repair the error or defect within the Service or find a temporary solution that mitigates the consequences of such error or defect, and which enables usage of the Service. The Service Provider does not guarantee that each issue shall be resolved within the timeframe indicated by the User, especially due to complexity of a complaint, and indicates that preparation of some answers, as well as fixing of some errors or defects, may require additional time.
4. Notwithstanding provision of information in accordance with point 6.1. which are connected with errors or defects, the User may use the contact methods indicated within the Terms to inquire the Service Provider about usage of the Service, in particular, they might request explanations or on-going support in regard to the Service.
5. Scope of assistance described in points 6.1-6.4 of the Terms does not apply to:
  1. errors of the Service caused by defects or inadequate performance of the equipment,
  2. errors of the Service caused by its misuse,
  3. interference with the Service by unauthorized persons,
  4. malfunction of computer software, in particular of operating system or anti-virus software,
  5. irregularities within the Offers posted by Users which do not result from a malfunction of the Service – in particular, partial, or incorrect information within the Offer,
  6. implementing functionalities proposed by the User,
  7. errors caused by „malicious” software or viruses, as well as unauthorized actions of third parties, including in particular irregularities resulting from hacking attacks or other criminal activities.
TECHNICAL REQUIREMENTS AND TECHNICAL BREAKS
1. The use of the Service is possible only with devices which meet technical criteria set forth below:
  1. General requirements:
    1. connection to the Internet, including access to internet connection with an actual bandwidth of at least 2 Mbps,
    2. enabled cookies in browser.
  2. Requirements when using the Service via a computer browser:
    1. a CPU with a speed of at least 2.0 GHz,
    2. having a Microsoft 10 (or later) operating system with updates and security patches installed, a Linux family operating system with on-going technical support, or a macOS system with on-going technical support, together with updates and security patches installed,
    3. browsers – having Google Chrome 80 or later, or Mozilla Firefox 90 or later,
    4. enabling JavaScript in your web browser.
  3. Requirements when using the Service with a mobile device:
    1. operating system iOS 5 or higher,
    2. operating system Android 2.3 or higher,
    3. support of web browser functionality within the mobile device.
2. The cost of connective the device to the Internet shall be based on the agreement between the User and a relevant telecom operator.
3. The Service Provider indicates that use of the:
  1. blocking the access to their device with password or PIN code,
  2. having antivirus software, together with up-to-data virus database,
  3. having an up-to-date operational system,
  4. verifying whether the Users have provided their personal data on correct website, especially by verifying the validity of URL address and checking whether connection with a specific website is encrypted,
  5. refraining from providing one’s password to the User’s Account within the Service.
4. The Service Provider reserves the right to completely stop providing services and temporarily prevent access to the Service for technical or organizational reasons.
5. The Service Provider shall make every effort to ensure the proper and uninterrupted operation of the Service. In any case, the Service Provider will make every effort to reduce the negative effects of the technical problems as much as possible.
6. The Service Provider reserves the right to temporarily suspend services for periodic technical breaks. Users will receive information about the suspension of services in the form of an e-mail, sent to the address provided during Registration. Regardless, where technical breaks happen due to sudden and unforeseen circumstances, the Service Provider has the right to carry out such breaks without notifying the Users prior to such break.
7. The Service Provider will make every effort to ensure that periodical technical breaks cause as little inconvenience to the Users as realistically possible. The Service Provider shall plan the breaks, where possible, for nighttime, and shall inform the Users about the date and expected duration of the break, at least several hours in advance.
8. A technical failure is considered to be a situation in which the vast majority or all of the Users lost the ability to use the basic functions of the Service, in particular, they could not log in or access the Contents.
9. A technical error is defined as any technical problem related to the functioning of the Service other than a technical failure.
10. The Service Provider shall not be liable for technical failure or technical error arising through no fault of the Service Provider.
11. The Service Provider shall decide on possible compensations and refunds each time after removing a technical failure or technical error, taking into account its type, duration, and scale of negative effects.
DISPUTES
1. All disputes shall be resolved by competent Polish courts.
2. The competent court for resolving disputes between the Service Provider and Users arising from the contract concluded between them is the court with jurisdiction over the Service Provider's registered office. The provision above does not apply to disputes between the Service Provider and Consumers, for which the competent court shall have jurisdiction in accordance with applicable law. This provision does not exclude the possibility of out-of-court dispute resolution.
PRIVACY AND DATA PROCESSING AGREEMENT
1. Considering the fact that the User, being an entrepreneur or other entity may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: “Regulation”) and may upload to the Service (especially within the Offers) personal data to which they are a data controller, such as personal data of their representatives, associates, clients, or employees, together with acceptance of the Terms, the Parties conclude this “Personal Data Processing Agreement” with contents stipulated in the point 9.
2. If the data mentioned in point 9.1 have been posted by the User within the Service, including within the Offers, it is assumed that the User (acting as a data controller) entrusts these personal data to the Service Provider, who shall become entity entrusted with personal data processing. Posting of these data within the Service is tantamount to User issuing an instruction of processing these data by the Service Provider.
3. The subject of personal data processing shall be activities necessary for purpose of realizing provisions of the Terms. Personal data processing activities carried out by the Service Provider include: storing the entrusted data within a server, possibly making backup copies, and enabling placing, sending, modifying, reading, or downloading of the data stored within the Service. The Service Provider does not provide other services which relate to processing of personal data entrusted to them by the User, in particular, services revolving around solely modifying the data.
4. The processing of personal data by the Service Provider shall last only for period for which the services are provided to the User by Service Provider or for which the User pays for the Subscription, as stipulated by the Terms. In case of termination of the Agreement concluded between the Parties, deletion of the User’s Account or ceasing to pay the Subscription on behalf of the Service Provider, entrustment of personal data processing shall be automatically terminated.
5. Entrusting of personal data processing covers personal data uploaded by the User to the Service, Offers and Account. They may concern only personal data to which the User is a data controller or a processor and cover the following categories of personal data processed by the User: name, surname, position, place of residence, mailing address, contact details (e-mail, phone number), information on carried out work or type of cooperation, information on rights and obligations of persons, financial information. Categories of persons to which personal data relates are the following: employees, associates, representatives, subcontractors, contractors, and clients of the User. Uploading a given category of personal data or data regarding specific categories of persons whose data are processed is always based on the User’s individual decision and constitutes a documented instruction of personal data processing by the Service Provider, under conditions specified within the Terms.
6. The Service Provider declares that it has implemented appropriate technical and organizational measures to ensure a degree of security appropriate to the risks associated with the processing of personal data, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing and the potential risk of violation of the rights or freedoms of natural persons of varying probability and severity.
7. The Service Provider shall ensure that all persons who are involved in the process of providing services on behalf of the User have been obliged to maintain confidentiality and have been given appropriate authorizations to process personal data.
8. In the process of providing services to the User, the Service Provider may use the services of further processors. With the acceptance of these Terms, the User agrees that the Service Provider may use the services of such entities. In the event that any further processor is added or changed and the User may not agree to such a addition or change, the Service Provider shall notify the User, thereby giving the User the opportunity to terminate the contract for the provision of services by electronic means upon two weeks' notice, counting from the moment of sending a message to the User’s e-mail address. The User's failure to respond within the indicated period shall be considered their consent for the addition or change of a further processor
9. List of further processors used by the Service Provider as of the date of acceptance of the Terms is the following: [lista dalszych podmiotów przetwarzających – będzie to najpewniej hostingodawca lub podmiot odpowiedzialny za tworzenie/zarzadzanie stroną internetową].
10. The Service Provider declares that it only uses the services of such further processors that guarantee the processing of personal data in accordance with the provisions of the law and ensure their adequate security. The Service Provider shall base the processing of personal data with the help of further processors on the personal data processing entrustment agreements concluded with these entities
11. The Service Provider undertakes to assist the User, taking into account the appropriate scope, scope of their authority and technical capabilities, in complying, with regard to data of which the User is a data controller, with obligations connected with responding to data subject’s requests within the scope of the data subject’s rights stipulated in Chapter III of the Regulation, as well as complying with data controller’s obligations indicated in Articles 32-36 of the Regulation.
12. Upon termination of the contract for provision of services by electronic means pursuant to the provisions of these Terms, the Service Provider shall, within 30 days, delete the personal data entrusted by the User to the Service Provider. If the User wishes to receive a copy of this data, they should make an appropriate request to the Service Provider within 7 days from the date of termination of the contract for provision of services by electronic means.
13. The Service Provider is obliged to, upon the User's request, to provide the User with documentation regarding the applied safeguards for the protection of personal data and to provide other information necessary to demonstrate compliance with the obligations set forth in this point. The Service Provider shall also enable the User to conduct visits (by themselves or via appointed representatives or auditors) at the Service Provider’s location, for purposes of evaluating the implemented data security measures, at date agreed upon by both Parties, conducted during business hours of the Service Provider. The actions of the User, his representatives or his authorized auditors may not violate the business secrets of the Service Provider. In addition, the Service Provider may condition the possibility of reviewing the security documentation, receiving information, or visiting the Service Provider's premises on the conclusion of a confidentiality agreement between the User and the Service Provider.
14. The request indicated in point 9.13. may be submitted to the Service Provider no more often than once every 6 months. If the request is made more frequently, the Service Provider may decide to abide by such request after the User makes an appropriate payment on behalf of the Service Provider.
15. The Service Provider shall notify the User of any data breaches on the side of the Service Provider within 36 hours from their discovery, indicating the potential scope of the breach, the categories of data covered by the breach, and other additional information in the Service Provider's possession that may be necessary for the User in the process of assessing the impact of the data breach.
COPYRIGHT AND UNAUTHORIZED ACTIVITIES
1. All materials made available within the Service, in particular: Contents, graphics, publications, descriptions, layout, are works, protected by the provisions of the Act from February 4th of 1994 on Copyright and Related Rights. Copyright to the indicated works is vested in the Service Provider or its subcontractors, authors of publications or other third parties. The Service Provider declares that they are authorized to place these works within the Service.
2. The Service Provider hereby declares that neither acceptance of the Terms nor execution of the Terms, including usage of Service’s functionalities by the User, shall constitute a breach of any rights of third parties.
3. By gaining access to the Contents, the User does not acquire author’s economic rights to the works embedded within the Contents. The User has the right to familiarize themselves with Contents which are available within the Service.
4. All economic rights to the Service or its elements indicated in point 10.1., together with all associated rights (including all adaptations and copies) shall remain the property of the Service Provider.
5. Copying, translation, development, distribution in any form or processing of distributed works is possible only under the conditions specified by law or after obtaining written consent of the Service Provider or other person who have copyright to works and content presented within the Service.
6. The source code of the Service constitutes and contains business secrets of the Service Provider. The User agrees not to perform actions in order to learn the source code, in particular, agrees not to reproduce, decompile, or disassemble, obtain, or change the source code, use it in whole or in part, for educational or other purposes.
7. "To the extent in which the User uploads any works (understood in same manner as „works” under act on copyright and related rights) within the Service, in particular graphics, texts, description of services, and recordings, they grant the Service Provider a license to these works (“License”) under the following conditions:
  1. the License is granted free of chargé for period corresponding with the time for which the User uses the Service,
  2. the License covers the following fields of use:
    1. the ability to copy, enter into the memory of devices, customize works,
    2. display, distribution to an unlimited circle of people, including on the Internet,
    3. posting within the Service so that other Users may view these works.
8. In a scenario where materials uploaded by the User to the Service are registered trademarks, the license granted on basis of point 10.7 shall also cover these trademarks.
9. To the extent that the User would publish anyone's image within the Service, including within the Offers, especially in regard to employees, associates, and contractors, then such User is obliged to have the appropriate consent of the person whose image is distributed.
10. The User declares that in a scenario where they upload materials within the Service (including within the Offer) it shall not violate any rights of third parties. In a scenario where the statement indicated in previous sentence turned out to be false, and third parties would begin making claims against the Service Provider, the User is obliged to:
  1. undertake all possible actions meant to relieve the Service Provider from liability,
  2. pay all costs, including legal assistance, incurred by the Service Provider in order to defend against third-party claims relating to materials posted by the User within the Service,
  3. refrain from further violations.
LIABILITY
1. The User has the right to use the Service in accordance with its purpose, in manner not infringing the Service Provider’s rights and other User’s rights, including in particular, to view the contents of the Service, use the functionalities of the Service or contact the Service Provider.
2. The User is obliged to:
  1. respect copyright and industrial property rights of the Service Provider and other Users, including those arising from the registration of inventions, patents, trademarks, utility, and industrial designs,
  2. refrain from posting unlawful content in any part of the Service, in particular: violating the legally protected interests of the Service Provider or other Users, contrary to the principles of social coexistence, unlawful, including related to items excluded from trade, vulgar and offensive, as well as contrary to the Terms or violating generally applicable laws,
  3. refrain from any actions that would violate the privacy or personal rights of other Users or the Service Provider,
  4. refrain from any actions constituting an unauthorized interference in the IT system of the Service (including its source code and databases) and refrain from activities that could hinder or interfere with the functioning of the Service, as well as actions consisting of destroying, changing, deleting, damaging, impeding access to the Service by other persons, including in particular other Users,
  5. use of the Service and all materials and rights related to the Service in accordance with the Terms,
  6. not to make any changes, corrections, modifications within the Service and any materials and rights related to the software,
  7. not to make or allow to be made any copies of the Service and any materials and rights related to the Service.
3. The Service Provider reserves the right to immediately suspend the provision of services by electronic means and block access to the Service in the event of receipt of an official notice or request from a public administration body or other authority authorized to do so, or from a Polish or foreign court, or receipt of credible information indicating that the User's use of services: (1) is unlawful, (2) is contrary to the provisions of the Terms, (3) may give rise to liability (in particular civil or criminal liability) or (4) may lead to the violation of third-party rights. Such suspension shall last until all circumstances relating to the notice, request or received credible information are clarified
4. The Service Provider shall be liable for damages, including actual losses caused to the User in connection with the improper performance of the Service Provider's obligations indicated in the Terms, provided that such damages were caused by the Service Provider's fault. The Service Provider's liability for the User's lost benefits is excluded.
5. The Service Provider's liability shall be limited to the equivalent of the net remuneration the Service Provider received from the User in connection with the performance of the concluded agreement, with limitation to the amount of remuneration which was paid to the Service Provider within one year prior to the date of occurrence of an event resulting in damages. The parties exclude the Service Provider's liability under the warranty for physical and legal defects of the Service.
6. The Service Provider shall not be liable for any losses incurred by Users in connection with their contact with other Users, especially when Users establish business cooperation among themselves using the Service. Nevertheless, the Service Provider makes ongoing efforts to protect Users from the actions of fraudsters and persons impersonating representatives of Entrepreneurs.
7. The Users:
  1. are solely responsible for the content they have posted within the Service, including the Offers,
  2. are obliged to carefully verify persons and entities with whom they would establish business cooperation, in particular via accepting or presenting an Offer within the Service,
  3. are obliged to refrain from using the Service for the purpose of posting or sending illegal content, in particular content that is contrary to the Terms, content or that violates generally applicable laws. Moreover, the Users are prohibited from conducting any other activity that is contrary to the applicable law,
  4. are obliged to refrain from any actions that would violate the privacy or personal rights of other Users,
  5. are obliged to refrain from any actions constituting unauthorized interference with the Service, including those that could hinder or interfere with the functioning of the Service, as well as actions involving destroying, altering, deleting, damaging, or obstructing access to the Service by other Users,
  6. are obliged not to use the Service to send spam or other types of unsolicited commercial information or to send messages using automated algorithms or bots,
  7. are obliged not to use the Service to send, create or perform other operations with malicious software, in particular such as ransomware, spyware, malware or other types of computer viruses,
  8. are solely responsible to adequately secure access to devices on which the Service can be used (in particular, with passwords and PIN numbers),
  9. agree not to rent, lease, license, distribute, transfer, make available free of charge, copy for resale, reproduce, modify, or share the Service and all materials and rights related to the Service (including all adaptations and copies) or to Service’s documentation,
  10. undertake to use the Service and all materials and rights associated with it in accordance with the Terms,
  11. are not entitled to make any changes, corrections, modifications to the Service and all materials and rights related to the source code of the Service (including all adaptations and copies),
  12. shall not have the right to make or allow to be made copies of the Service and all materials and rights related to the source code of the Service (including all adaptations and copies), except as expressly authorized by the Terms or applicable law and only to the extent of such authorization,
  13. do not have the right to use the Service to trade, offer, advertise, or promote the trade of items and services excluded from legal trade or where such trade is restricted - without the appropriate permits, licenses, concessions or in violation of applicable laws in this regard. In particular, this may refer to trafficking in weapons, drugs, explosives, prostitution or offering services related to third-party labor in an unlawful manner (including illegal labor of foreigners or labor of juveniles),
  14. shall not have the right to encourage, enable or approve criminal activities, in particular facilitating or offering to commit a crime for someone else's benefit within the Offers,
  15. do not have right to use the Offers for purpose of enabling or encouraging participation in fraud, abuse, pyramid schemes, cryptocurrency trading, phishing, and scams.
CONSUMER RIGHTS
1. Users who are Consumers have the right to withdraw from the agreement for the provision of services, resulting from the provisions of the Act from 30th of May 2014 on consumer rights within 14 days from the conclusion of the Agreement between the Parties, understood as
  1. accepting the Terms and starting to use the Service or
  2. accepting the Terms and purchasing the Subscription for the first time to use the paid elements of the Service.
2. The User, who is a Consumer, has the right to use amicable dispute resolution methods.
3. A Consumer has the right to withdraw from a remote agreement, without giving any reason and without incurring costs.
4. The deadline for withdrawal from a remote agreement is 14 days from the date of conclusion of the agreement.
5. In case of withdrawal from the Agreement, the Agreement is deemed to have never been concluded.
6. The Consumer may withdraw from the Agreement by submitting a statement of withdrawal to the Service Provider. To meet the deadline for withdrawal from the Agreement, it is sufficient to send the statement of withdrawal before the expiry of the deadline.
7. The Consumer may submit a statement of withdrawal from the Agreement via the form which is attached as Attachment No. 1 to the Terms: Declaration of Withdrawal Form.
8. The Service Provider shall make the refund using the same method of payment used by the User unless the User expressly agreed to a different method of refund in the declaration of withdrawal from the Agreement and it does not involve additional costs for the Service Provider.
9. In order to provide access to the Service before the expiration of the deadline for withdrawal from the Agreement, the Service Provider may collect from the User their statement indicating the following:
  1. User’s explicit request to perform the service before the expiration of the withdrawal period,
  2. User’s acceptance of the fact that they will lose the ability to withdraw from the Agreement upon its full realization by the Service Provider.
10. If the User exercises their right to withdraw from the Agreement after making the statement indicated in point 12.9., they shall be obliged to pay for services provided before such withdrawal.
11. The detailed information on Consumer’s ability to use out of court ways of resolving complaints and pursing claims, together with rules of accessing such procedures are available at headquarters and websites of district (city) Consumer ombudsman, social organizations established in order to protect Consumers, Voivodeship Trade Inspection Inspectorate and under the following addresses of Office of Competition and Consumer Protection: www.uokik.gov.pl/spory_konsumenckie.php; www.uokik.gov.pl/sprawy_indywidualne.php www.uokik.gov.pl/wazne_adresy.php.
12. Examples of out-of-court methods of resolving complaints and pursuing claims which the User being a Consumer can use are the following:
  1. the User is entitled to reach out to Permanent Arbitration Consumer Court referred to in Article 37 of the Act from 15th of December 2000 on Trade Inspection (Journal of Laws 2001, no. 4, pos. 25 with subsequent amendments) with a request of resolving a dispute resulting from concluded agreement. Regulation describing the organization and functioning of those permanent arbitration courts is specified within the Regulation of the Minister of Justice from 25th of September 2001 on determining the regulation on organization and functioning of permanent arbitration consumer courts (Journal of Laws 2001, no. 113, pos. 1214).
  2. The User is entitled to reach out to Voivodeship Trade Inspection Inspectorate, as specified by Article 36 of the Act from 15th of December 2000 on Trade Inspection (Journal of Laws 2001, no. 4, pos. 25 with subsequent amendments) with a request of initiating mediation proceedings for the amicable resolution of the dispute between the User and the Service Provider. Information on principles and form of mediation conducted by the Voivodeship Trade Inspection Inspectorate is available in the offices and on the websites of separate Voivodeship Trade Inspection Inspectorates.
  3. The User may request free assistance in resolving disputes between the User and the Service Provider, and they may additionally request free assistance of district (city) consumer ombudsman or a social organization which statutory tasks include consumer protection (such as the Consumer Federation or Association of Polish Consumers). The advice is provided by the Consumer Federation under the e-mail address: porady@dlakonsumentow.pl and by the Association of Polish Consumers under free consumer hotline: 800 889 866.
13. An Internet platform of the system of amicable dispute resolution between consumers and entrepreneurs on level of EU (ODR Platform) is available under the following address: www.ec.europa.eu/consumers/odr. ODR Platform is an interactive and multilingual website serving as point of complex assistance for consumers and entrepreneurs seeking amicable dispute resolution regarding their contractual obligations stemming from concluded sale agreement or agreement for provision of services.
14. In case of non-compliance of the services provider by the Service Provider with the agreement, the Consumers might exercise their rights stemming from generally applicable law and which relate to conformity of goods with the agreement. As such, provisions of points 11.4, 11.5, and 11.6 shall not apply to Consumers.
CONFIDENTIALITY
1. During the term of the Agreement concluded between the Service Provider and the User, and for a period of two years after its expiration, each Party agrees to keep confidential any Confidential Information concerning the other Party received or obtained in the course of the performance of the Agreement
2. Confidential Information shall mean:
  1. all information provided to the User during the execution of the contract, concerning business or technological solutions used by the Service Provider in connection with providing access to the Service (such as price lists, know-how, methods, processes, tools by means of which the provisions of the Terms are implemented),
  2. all information that is posted by the User within the Service, including, in particular, information about the User's organization's procedures, work rules, instructions, know-how, business plans, financial data and data about the User's employees, unless these information or materials are posted as part of an Offer available to all Users,
  3. any written or oral information concerning the business activities of the Parties, their clients and associates, organizational, commercial solutions used by the Parties, technical, technological, economic, financial, and legal information.
3. Information about the User's use of the Service Provider's services and information about the Service's appearance, functionality and capabilities are not considered confidential information.
4. Regardless of provisions of point 13.1, the obligation of maintaining confidentiality of Confidential Information does not apply to information:
  1. publicly known without infringement of any provision of the Terms,
  2. which must be disclosed to an authorized body on the basis of an issued legal decision, or a ruling issued by a competent authority,
  3. for the dissemination of which a Party has obtained the written consent of the Party to which the information relates.
5. Each Party shall also obligate its employees, associates, subcontractors, service providers, advisors, or other related parties to maintain the confidentiality of the Confidential Information. Each Party represents that the entities referred to above shall be made aware that the disclosed information is Confidential Information and that disclosure of any part of such Confidential Information, subject to the exceptions provided by law, may result in the Party's liability for damages to the Party whose data is disclosed. The Parties undertake to take all necessary steps to ensure the confidentiality of Confidential Information by those who have access to it. A Party, within the scope of its obligation to maintain the secrecy of Confidential Information, shall be liable for all acts and omissions of the persons referred to above as for its own
6. In internal communication of the Users conducted via the Service, they are, unless they jointly agree otherwise, obliged to maintain confidentiality regarding joint arrangements and information provided to each other, which may constitute Confidential Information as described in points 13.2.2 and 13.2.3 Other provisions of point 13 shall apply accordingly to Users’ communication.
DURATION OF THE AGREEMENT
1. The Agreement is concluded for an indefinite period of time. To the extent that the services provided by the Service Provider are paid, the Agreement in this regard binds the Parties for the period of payment of fees under the Subscription and shall expire if the User ceases to pay fees for subsequent Subscriptions.
2. The User may terminate the concluded Agreement with one month's notice, effective at the end of the calendar month. If the User has an active Subscription, the Agreement shall terminate, however, no sooner than after the expiration of the term of such Subscription.
3. Notwithstanding the foregoing, the User may terminate the Agreement without notice in the event that the Service Provider ceases to provide services in accordance with the Agreement, provided that the Service Provider is first requested to continue providing such services and given at least three days' notice in this regard.
4. The Service Provider reserves the right to terminate the provision of services through the Service at one month's notice. If the indicated termination date expires before the expiration date of the active Subscription purchased by the User, the Service Provider shall return to the User the unused portion of the fee paid in connection with the purchase of the Subscription.
5. Regardless of the above provisions, the Service Provider may terminate the Agreement without period of notice or suspend provision of services on behalf of the User in a scenario where the User infringes provisions of the Terms regarding their rights and obligations when using the Service, in particular by infringing provisions of points 2, 10 and 11 of the Terms.
FINAL PROVISIONS
1. The Service Provider reserves the right to amend the Terms. The change shall take effect on the date indicated by the Service Provider, not less than 14 days after the amended Terms are made available within the Service, with the reservation that transactions initiated before the changes take effect shall be carried out under the previous rules.
2. The User shall be notified of such changes when logging on to the Service for the first time, counting from the effective date of the changes. If the User does not agree to the new version of the Terms, the contract for the provision of electronic services shall be terminated.
3. In matters not regulated by the Terms and other provisions found on the Service, the provisions of the Polish Civil Code and other laws shall apply
4. If any provision of the Regulations is declared invalid by a final court decision, the remaining provisions shall remain in force.
5. These Terms are binding from 2.11.2023.

GROWLIST TERMS OF SERVICE

GENERAL PROVISIONS

PURPOSE AND FUNCTIONING OF THE SERVICE

USER REGISTRATION

PAYMENTS AND TRIAL ACCESS

DELETING USER’S ACCOUNT

COMPLAINTS

TECHNICAL REQUIREMENTS AND TECHNICAL BREAKS

DISPUTES

PRIVACY AND DATA PROCESSING AGREEMENT

COPYRIGHT AND UNAUTHORIZED ACTIVITIES

LIABILITY

CONSUMER RIGHTS

CONFIDENTIALITY

DURATION OF THE AGREEMENT

FINAL PROVISIONS