Terms and Conditions -

§ 1.

General provisions

These Terms and Conditions (hereinafter: the “Terms and Conditions” or „Regulations”) set out the rules and conditions for the use of the “ChatGent” application (hereinafter: the “App” or “Application”) and the services provided by the Service Provider.
The Terms and Conditions are the rules and regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the “Electronic Services Act“).
The Service Provider is Piotr Starobrat, conducting business activity under the business name of: Piotr Starobrat CodeBorn (address of the fixed place of business: ul. Azaliowa 38/1, 62-002 Złotniki), entered into the Central Register of Information on Economic Activity kept by the minister competent for economy, having NIP: 5562568352, REGON number: 340907142 (hereinafter: “Service Provider“).
Contact with the Service Provider is possible using:
1. e-mail at the following address: contact@chatgent.com;
2. postal service – at the address: Piotr Starobrat CodeBorn, ul. Azaliowa 38/1, 62-002 Złotniki;
3. phone – at the number: 48668582880.
In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA“), the Service Provider has appointed a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and Application Users on matters covered by the DSA regulation. The contact point can be found at: contact@chatgent.com.
Information about services available in the App, in particular their descriptions, technical and functional parameters, and prices, constitute an invitation to conclude a contract for the delivery of services within the meaning of art. 71 of the Act of 23 April 1964 Civil Code (hereinafter: “Civil Code“).
The Service Recipient and the User are obliged to read the Terms and Conditions before using the App.

§ 2.

Definitions

Capitalized words used in the Regulations have the following meaning:

Account – a panel created in the IT system of the Application, enabling the User to use its functionalities, including the Account Service;
Account Service – a digital service within the meaning of the provisions of the Act on consumer rights, consisting in the creation and maintenance of an Account by the Service Provider for the User;
Act on the provision of electronic services – a term defined in § 1 section 2 of the Regulations;
Agreement – Agreement for the provision of the Account Service and the Agreement for the provision of the Application Use Service;
Agreement for the provision of the Account Service – an agreement for the provision of a digital service within the meaning of the Act on consumer rights, under whichthe Service Provider undertakes to provide the Account Service to the User for an indefinite period of time, and the User undertakes to provide the Service Provider with his data, including personal data;
Agreement for the provision of the Application Use Service – an agreement for the provision of a digital service within the meaning of the Act on consumer rights, under which the Service Provider undertakes to provide the Service Recipient with the Application Use Service for a fee/free of charge; the condition for concluding the Agreement for the provision of the Service for the use of the Application is the prior conclusion of the Agreement for the provision of the Account Service;
Application Use Service – a digital service within the meaning of the Act on consumer rights, consisting in enabling the Client to use the functionality of the Application consisting in: building chatbots trained on the custom datasources;
Civil Code – a term defined in § 1 section 6 of the Terms and Conditions;
Consumer – a natural person performing a legal transaction with the Service Provider not directly related to its business or professional activity;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
Digital Service – Account Service and Application Use Service;
Entrepreneur – a natural person, a legal person or an organizational unit without legal personality, to which special provisions grant legal capacity, conducting business or professional activity on its own behalf;
Entrepreneur with Consumer Rights – a natural person conducting business or professional activity on his own behalf, who has concluded an Agreement with the Service Provider directly related to his business activity, but not having a professional character for that person, resulting in particular from the subject of his business activity;
License – term defined in § 9 section 7 of the Regulations;
Non-compliance – it is understood as non-compliance of the Subject of the Digital Service with the Agreement regarding its provision (the criteria for assessing the compliance of the Subject of the Digital Service with the agreement regarding its delivery are set out in Article 43k paragraphs 1-2 of the Act on consumer rights);
Package – a set of specific Services offered by the Service Provider via the Application; currently available Packages and fees for them are shown in the Price List;
Personal Data Processing Agreement – an agreement specifying the terms and conditions for entrusting by the Service Recipient (acting as a personal data controller) to the Service Provider (acting as a processor) the processing of personal data (other than the Service Recipient’s personal data) stored on the Client Account;
Price List – a document or information specifying the current price of the Digital Service and Service Packages for the use of the App;
Privacy Policy – a document containing information on the processing of personal data of Service Recipients by the Service Provider;
Review – the Client’sopinion on the Service of using the Application, including a description of the Client’s experience related to the use of the above-mentioned Services;
Service Provider – a term defined in § 1 section 3 of the Regulations;
Service Recipient or Client – a client using the Application, being an Entrepreneur, Entrepreneur with Consumer rights or Consumer;
Subject of digital provision – Account Service or Application Use Service;
Subscription Fee – a fee paid by the Client in in advance in exchange for the Service of using the Application determined in accordance with the Price List in force at the time of its order;
Subscription Period – the period for which the Service Provider provides the Client with the Service Recipient to use the Application in accordance with the Price List and the Package selected by the Client;
Terms and Conditions or Regulations – a term defined in § 1 section 1 of the Regulations;
User – a person whohas an Account in the Application who is a Consumer or a person authorized to represent the Service Recipient and use the Application on his behalf.
User Content – all data (including personal data), electronic files, information and materials recorded by the User on the Account;

§ 3.

Technical requirements

In order to properly use the services provided by the Service Provider via the App, all of the following requirements must be satisfied jointly:
- a device with a monitor (screen);
- connection to the Internet;
- equipment allowing the use of Internet resources;
- the current version of the Chrome web browser allowing hypertext documents to be displayed on the screen of the device, linked to the Internet via the World Wide Web service and supporting the JavaScript programming language, as well as accepting cookies;
- an active e-mail account.
The use of viruses, bots, worms or other computer codes, files or programmes (in particular process automation scripts and applications or other codes, files or tools) is prohibited on the App.
The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by means of appropriate logical, organisational and technical measures, in particular to third-party access to the data, including by SSL encryption, use of passwords and anti-virus or anti-malware programmes.
The Service Provider advises that despite the safeguards referred to in Section 3 above, the use of the Internet and services provided by electronic means may be at risk of malicious software entering the Client’s computer system and device or of third parties gaining access to the data on that device. In order to minimise the aforementioned risk, the Service Provider recommends the use of anti-virus programmes or means of protecting identification on the Internet.

§ 4.

General principles of Service provision

The Service Recipient is obliged to use the services provided by the Service Provider in a manner consistent with the provisions of generally applicable law, the provisions of the Regulations, as well as with good customs.
Providing illegal content by the User is prohibited.
The Service Recipient using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider shall not be liable for the consequences of providing false or incomplete data by the Client.
If the activities in the Application (in particular the conclusion of the Agreement) are performed by a natural person acting on behalf of the Client who is not a natural person, performing such an action is tantamount to submitting by the natural person performing such an action a statement that it is entitled to represent the Service Recipient. The Service Provider is entitled to require such a natural person to provide proof of its authorization to represent the Client, in particular a power of attorney document or an extract from the relevant register. In the case of performing an action on behalf of the Client despite the lack of authorization to represent him, the natural person performing this action bears the responsibility provided for in the provisions of the Civil Code.
One Service Recipient may conclude only one Agreement for the provision of the Application Use Service.
Prices of services and Packages are expressed in EUR and are net and do not include VAT/gross value, i.e. include VAT.
The conclusion of the Agreement for the provision of the Service for the use of the Application requires the prior conclusion of the Agreement for the provision of the Account Service.
The following shall be considered a violation of the Regulations:
1. providing illegal content by the User;
2. misuse of the Digital Services;
3. providing false or incomplete data by the Service Recipient or User;
4. a natural person performs an action on behalf of the Client despite the lack of authorization to represent him;
5. conclusion by the Client of more than one Agreement for the provision of the Application Use Service without the consent of the Service Provider.
In the event of a violation of the Regulations, the Service Provider may call the Client to remove it and set a deadline of not less than 7 (seven) days for this purpose.
All statements, calls, notifications, and information referred to in the Regulations may be submitted by e-mail, unless a specific provision of the Regulations provides otherwise.

§ 5.

Account Service Agreement

In order to conclude the Agreement for the provision of the Account Service, the User should perform the following actions:
- enter the website of the Application and then click on the „Sign Up” button;
- in the form that appears, enter the name, e-mail address (which is also the User’s login);
- it is obligatory to mark the checkbox next to the statement of reading the Regulations and Privacy Policy and accepting their provisions;
- click „Sign Up”;
- After clicking the “Register” option, a link to activate the Account is sent to the e-mail address provided by the User. After clicking on the link, the User gains access to the Account. Clicking on the sent link by the User is tantamount to the conclusion by the User of the Agreement for the provision of the Account Service.
With the help of the Account, the User may in particular:
- store their data and the data of the Client represented by him;
- purchase Packages;
- use the services included in the purchased Package.
The Service Provider informs, and the Client acknowledges that maintaining compliance of the Account Service with the Agreement for the provision of the Account Service does not require the Client to install its updates.
If the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of the Account Service, the User calls the Service Provider to immediately grant access to the Account. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. In the event that the Service Provider does not grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of the Account Service.
Notwithstanding the provisions of paragraph 6 above, in the absence of access to the Account to the User, the User may withdraw from the Agreement for the provision of the Account Service without calling the Service Provider to grant access to the Account, if at least one of the cases indicated in Article 43j paragraph 5 of the Act on consumer rights occurs.
The provisions of sections 6-7 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
Notwithstanding the provisions of sections 6-7 above, the User may at any time and without giving a reason terminate the Agreement for the provision of the Account Service with a notice period of 14 (fourteen) days.
10.Withdrawal by the User from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, takes place by submitting to the Service Provider a statement of withdrawal from the Agreement for the provision of the Account Service or its termination. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. The Service Provider deletes the Account immediately after receiving the statement referred to in the preceding sentence, or after the expiry of the notice period indicated in the Regulations.
11.In the event that the User uses the Account in a manner contrary to the provisions of generally applicable law, the provisions of the Terms and Conditions or good practice, as well as the provision of illegal content by the User, the Service Provider may terminate the Agreement for the provision of the Account Service with a notice period of 7 (seven) days, by submitting a notice of termination to the User via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account is permanently deleted. During the notice period, the Service Provider may block the User’s access to the Account if necessary to prevent further infringements by the User.
12.In the case of applying the measure referred to in section 11 above, the User against whom the measure has been applied may file an appeal on the terms described in § 9 of the Terms and Conditions.
13.If, before withdrawing from the Agreement for the provision of the Account Service or its termination, regardless of the basis for this action, the Service Recipient concluded an Agreement for the provision of the Service for the use of the Application, withdrawal from the Agreement for the provision of the Account Service or its termination by either party is tantamount to simultaneous withdrawal from the Agreement for the provision of the Application Use Service and its termination.
14.If the Service Provider terminates the Agreement for the provision of the Account Service to the User who is a Consumer or Entrepreneur with the rights of a Consumer, the User who is a Consumer is entitled to a refund of part of the remuneration in the amount proportional to the period remaining from the end of the notice period specified in the Agreement for the provision of the Account Service.
15.The return of part of the remuneration referred to in paragraph 13 above takes place within 14 (fourteen) days from the date of termination of the Agreement for the provision of the Account Service by the Service Provider.
16.Suspension of the provision of the Account Service (regardless of the basis for this action) is tantamount to deleting the Account and all Content stored on it.

§ 6.

Agreement for the provision of the Application Use Service

On the basis of the Agreement for the provision of the Application Use Service, the Service Provider enables the Client (to the extent resulting from the Package purchased by the Client) to use the following functions of the Application:
- the ability to go through automated interview to generate a LinkedIn post;
- the ability to edit draft post;
- the ability to publish generated/created post to LinkedIn;
- the ability to schedule post publication on predefined date and time;
- the ability to view and manage posts saved in the Application;
- the ability to connect Application Account to LinkedIn Account;
- support in configuring the services available as part of the Application.
ChatGent is an AI-powered professional assistant designed to support the process of LinkedIn content creation. As an AI-based system, ChatGent utilizes advanced machine learning algorithms and natural language processing to understand and generate human-like text. This means that the responses generated by ChatGent are based on patterns and information it has learned from vast amounts of data.
While ChatGent strives to deliver accurate and reliable responses, it is ultimately the user’s responsibility to verify the accuracy and appropriateness of the responses (generated posts) provided by the system. Clients should exercise due diligence and cross-check critical information before making decisions or taking actions based on ChatGent’s outputs. The Service Provider is not liable for any inaccuracies or misinterpretations that may arise from the use of the system.
Clients who provide content to be used as a data source for ChatGent must ensure that they have the legal right and necessary permissions to use and share such content. It is the client’s responsibility to verify that the content does not violate any intellectual property rights, privacy laws, or other legal restrictions. By providing content to ChatGent, the client warrants that they have the authority to use and distribute the content and that it complies with all applicable laws and regulations.
The Service Provider is not liable for any legal issues or disputes that may arise from the use of content provided by the client. Clients are solely responsible for any consequences resulting from the use of unauthorized or inappropriate content.
To conclude the Agreement for the provision of the Service for the use of the Application, the Service Recipient should perform the following actions:
- enter the Application and go to the registration form;
- in the form that appears, enter the e-mail address and password created by the Service Recipient;
- it is obligatory to tick the checkbox next to the declaration of consent to start providing the Application Use Service before the deadline for withdrawal from the Agreement for the provision of the Application Use Service (the right of withdrawal referred to in this point 4 is granted only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights);
- it is obligatory to mark the checkbox next to the statement of reading the Regulations and Privacy Policy and accepting their provisions;
- make a payment of remuneration for the Application Use Service (unless, in accordance with the Price List, the Service Recipient may use the Application Use Service free of charge);
- click on the “Order with obligation to pay” option.
Clicking the “Order with obligation to pay” option and making the payment of remuneration (if required) is tantamount to the conclusion by the Client of the Agreement for the provision of the Service for the use of the Application.
The contract for the provision of the Application Use Service is concluded for a definite period.
The use of the Application Use Service after the end of the term of the Application Use Agreement requires the conclusion of another Agreement for the provision of the Application Use Service.
After clicking the “Order with the obligation to pay” option, the Client should authenticate the previously provided e-mail address and supplement the Account with the following data:
- name and surname;
- telephone number;
- company, NIP, invoice address, bank name and bank account number – if the Service Recipient is an Entrepreneur or an Entrepreneur with Consumer rights.
The Service Provider informs, and the Service Recipient acknowledges that maintaining the compliance of the Application Use Service with the Agreement for the provision of the Application Use Service does not require to install its update.
If the Tutor is not granted access to the Application Use Service immediately after the conclusion of the Agreement for the provision of the Application Use Service, the Service Recipient calls the Service Provider to immediately grant access to the Application Use Service. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations. If the Service Provider does not grant the Client access to the Application Use Service immediately after receiving the call referred to in the preceding sentence, the Client may withdraw from the Agreement for the provision of the Application Use Service.
Notwithstanding the provisions of paragraph 8 above, in the absence of granting the Client access to the Application Use Service, the Client may withdraw from the Agreement for the provision of the Application Use Service without calling the Service Provider to grant access to the Application Use Service, if at least one of the cases indicated in Article 43j paragraph 5 of the Act on consumer rights occurs.
The provisions of sections 8-9 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
In the event of withdrawal by the Client from the Agreement for the provision of the Application Use Service pursuant to sections 8-9 above, the Service Provider shall immediately suspend the provision of the Application Use Service and return the fee to the Service Recipient (if it has been paid) within 14 (fourteen) days from the date of receipt of the statement of withdrawal from the Agreement for the provision of the Application Use Service.
In the event of a breach by the Client of the provisions of the Regulations and failure to remove this violation despite receiving the request referred to in § 4 section 8 of the Regulations, the Service Provider may terminate the Agreement for the provision of the Service for the use of the Application with a notice period of 7 (seven) days, by submitting a notice statement of termination to the Client by e-mail. After the expiry of the notice period indicated in the preceding sentence, the Service Provider suspends the provision of the Application Use Service. During the notice period, the Service Provider may block the Service Recipient’s access to the Application Use Service if it is necessary to prevent further violations by the Client.
If the Service Provider terminates the Agreement for the provision of the Application Use Service, the Service Recipient who is a Consumer or an Entrepreneur with the rights of a Consumer is entitled to a refund of part of the remuneration in the amount proportional to the period remaining from the end of the notice period remaining until the end of the Agreement specified in the Agreement for the provision of the Application Use Service.
The refund of part of the remuneration referred to in paragraph 13 above takes place within 14 (fourteen) days from the date of termination of the Agreement for the provision of the Service for the use of the Application by the Service Provider.

§ 7.

Fees & Billing

Unless a specific provision of the Regulations or individual arrangements with the Service Provider provide otherwise, all payments due to the Service Provider are made by the Service Recipients using the payment systems made available as part of the Application.
For the provision of Services, the Client is obliged to pay the Subscription Fee according to the amounts indicated in the Price List and Supplements. Changes in prices indicated in the Price List and add-ons are announced on the Website and do not constitute changes to these Regulations.
The date of payment is the date of booking the amount of the Subscription Fee due for the Service of using the Application on the Service Provider’s bank account. After the payment is posted, the Service Provider sends to the Client’s e-mail address information about granting access to the purchased Service of using the Application together with a VAT invoice.
Payments for the Service of using the Application may be made in the following ways:
- on a subscription basis (hereinafter: “Subscription“) – during the Subscription period, the amounts due are automatically charged to the User’s account for each subsequent Subscription Period;
- as part of separate payments – each time payments are made independently (separately) by the Client for the next Subscription Period.
Before the end of the current Subscription Period, the Service Provider shall inform the Client via e-mail about the expiry of the Subscription Period and about the amount of fees for extending the period of providing the Access to the Application Service for the next Subscription Period. The extension of the Subscription Period is tantamount to concluding another Agreement for the provision of the Application Use Service on the terms set out in the Regulations.
The Service Recipient shall extend the Subscription Period by making a payment to the bank account indicated by the Service Provider for the use of the Application Use Service in the next Subscription Period.
If the Subscription Fee was paid before the date of expiry of the previous Subscription Period, the next Subscription Period shall be counted from the date following the end of the given Subscription Period.
If the Subscription Fee was paid after the end of the previous Subscription Period, the next Subscription Period will be counted from the date of payment of the Subscription Fee towards the next Subscription Period.
Lack of payment on the Service Provider’s bank account for the use of the Services in the next Subscription Period will result in blocking access to the Application Use Service. In this case, the Client’s data will be stored by the Service Provider for a period of 3 months, counting from the day following the date of expiry of the Subscription Period. During this time, the Client may at any time resume using the Services by paying the Subscription Fee or delete his Account from the Application.

§ 8.

User Content and Reviews

The Service Recipient may send the Service Provider a Review regarding the services provided by the Service Provider.
Reviews may be sent by any means, including by e-mail.
Sending a Review does not impose an obligation on the Service Provider to publish it.
It is prohibited to post User Content and Reviews:
- containing false data, contrary to the law, the Terms and Conditions or good practice;
- Content that is prohibited by law, incites violence, hatred, or insults any group of people or individuals.
- containing content that may infringe personal rights, copyrights, image rights or other rights of third parties;
- Content that is advertising, promotional, political, religious, or discriminatory
- containing content promoting competitive activities against the Service Provider.
Each person using the Application (hereinafter referred to as the “Reporting User“) is entitled to report User Content or Reviews that may violate the Terms and Conditions.
You can make your application in the following ways:
by e-mail to the following address: contact@chatgent.com.
The application should include the following information:
- a sufficiently substantiated explanation of the reasons why the User Content or Review in question constitutes illegal content;
- A clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the User Content or Reviews, as appropriate to its type and the functionality of the Application;
- the name and email address of the Reporter, with the exception of the report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
- a statement confirming the Reporting User’s good faith belief that the information and allegations contained therein are correct and complete.
Upon receipt of the application, the Service Provider sends the Reporting User a confirmation of its receipt to the e-mail address provided by the Reporting User.
In the event that the application does not contain the elements indicated in section 8 above or contains errors, the Service Provider may ask the Reporting User to supplement or correct the application within 14 days from the date of receipt of the above-mentioned request. In the event that the Reporting User fails to complete or correct the application within the time limit specified in the preceding sentence, the Service Provider may leave the application unexamined.
The Service Provider verifies the submitted User Content or Review within 14 days from the date of receipt of a complete and correct application. As part of the verification process, if necessary, we will ask you to submit any additional information or documents. Until we investigate your report, we may block the visibility of your User Content or Review.
After verifying the Application, the Service Provider:
- removes any User Content or Review that violates the Terms and Conditions;
- restores the User Content or the Review that does not violate the rules resulting from the Terms and Conditions (if its visibility was blocked at the stage of verification of the Application), giving the reasons for our decision.
In the event of removal of User Content or Review, the Service Provider shall immediately notify both the Reporting User and the User who published the removed User Content or Review, providing the reasons for their decision.
The justification of the Service Provider’s decision includes:
- an indication of whether the decision includes the removal, disappearance, depositioning, or other measures referred to in the Terms and Conditions in relation to that Review and, where applicable, the territorial scope of the decision and its duration;
- the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Reporting User or on the basis of voluntary verification activities carried out at the initiative of the Service Provider and, where strictly necessary, the identity of the Reporting User;
- where applicable, information about the use of automated means in decision-making, including whether a decision was made in relation to User Content/Reviews detected or identified using automated tools;
- if the decision relates to potentially prohibited User Content/Review, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the Review is considered to be prohibited on that basis;
- clear and user-friendly information about their options to appeal the decision.
A User whose User Content or Review has been removed or a Reporter who is refused removal by the Service Provider may appeal against the Service Provider’s decision.
You can file an appeal in the following ways:
- by e-mail – to the following address: contact@chatgent.com.
The appeal should include:
- the name of the appellant,
- contact details (e-mail address, correspondence address),
- a detailed justification of why, in the appellant’s Review, why the Service Provider’s decision is erroneous and should be changed.
The Service Provider shall immediately confirm receipt of the appeal by sending a notification to the e-mail address provided by the Appellant.
Appeals are considered within 14 days from the date of their receipt by the Seller’s authorized team (these activities will not be performed in an automated manner, without human intervention).
By submitting User Content or Review, the Service Recipient declares that he/she is the sole author of the Content. The User bears full responsibility for the User Content/the content of the Review and the consequences of its publication (including infringement of personal rights and intellectual property rights of third parties).
By submitting User Content/Review, the Service Recipient grants the Service Provider a free, non-exclusive license for its use (hereinafter referred to as the “License”). The License is granted for an indefinite period of time (with the possibility of termination two years in advance, effective at the end of the calendar year) and without territorial limitations, and covers the use of the User Content/Review in the following fields of use: recording and reproduction in any quantity, by any technique and in any format; dissemination in any way, by any means of communication, in particular by publication in the Application and in the Service Provider’s social media. The License entitles the Service Provider to modify the Review if it is necessary to disseminate it in a specific way, without changing its essence and content. The License authorizes the Service Provider to grant any selected third parties further licenses to use the Reviews. Further license referred to in the preceding sentence may be granted by the Service Provider for a fee or free of charge.
The Service Recipient undertakes not to exercise his/her moral rights to the User Content/Reviews (including the right to indicate the authorship of the User Content/Reviews and the right to supervise the use of the User Content/Reviews) and authorizes the Service Provider to exercise these rights on behalf of the Service Recipient.
Notwithstanding the provisions of paragraphs 1-25 above, the Service Recipient grants the Service Provider a free, non-exclusive license to use the name and logo of the Service Recipient (hereinafter: “Logo“).
The license referred to in section 12 above shall be granted for an indefinite period of time (with the possibility of its termination for two years in advance, effective at the end of the calendar year) and without territorial limitations, and shall cover the use of the Logo in the following fields of exploitation:
- recording and reproduction in any quantity, by any technique and in any format;
- dissemination in any way, by any means of communication, in particular by publication in the Application and in the Service Provider’s social media.

§ 9.

Right of withdrawal

The provisions of this § 9 apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
Pursuant to Article 27 et seq. of the Act on consumer rights, the Client has the right to withdraw from the Agreement without giving any reason within 14 (fourteen) days from the date of its conclusion.
The right to withdraw from the Agreement, the Service Recipient performs by submitting to the Service Provider a statement of withdrawal from the Agreement. To meet the deadline for withdrawal from the contract, it is sufficient to send a statement before the deadline referred to in paragraph 2 above.
The statement of withdrawal from the Agreement may be submitted by the Client in any form, in particular on the form constituting Annex 2 to the Act on consumer rights.
In the event of submitting a statement of withdrawal from the Agreement, the Service Provider shall immediately send the Client a confirmation of its receipt by e-mail.
The Service Provider informs, and the Client acknowledges that the right to withdraw from the Agreement referred to in this paragraph is not entitled to the Client in relation to the Agreement for the provision of a service that has been fully performed (pursuant to Article 38 paragraph 1 point 1 of the Act on consumer rights).
If the withdrawal from the Agreement concerns the Agreement for the provision of a service that has not been fully performed, the Service Provider shall return to the Client the price of the Package reduced by the value of services used by the Client until the withdrawal from the Agreement. The refund of the price takes place within 14 (fourteen) days from the date of receipt by the Service Provider of the declaration of withdrawal from the Agreement and it is made using the same method of payment as used by the Client in the original transaction unless the Client expressly agrees to a different solution. The Service Recipient does not bear the costs of returning the payment made.

§ 10.

Liability of the Service Provider

The Service Provider undertakes to provide services with due diligence.
To the extent permitted by the provisions of the Civil Code and the Act on consumer rights, the Service Provider shall not be liable to the Clients for the consequences of:
- use by the Clients of any services available as part of the Application contrary to their intended purpose;
- providing incorrect or false data by Users, in particular data on the duration of cleaning or repair;
- the effects of using data authorizing access to the Account Service by third parties if these persons came into possession of such data as a result of their disclosure by the User or as a result of their insufficient protection by the Service Recipient against access by such persons.
In relation to Service Recipients who are not Consumers or Entrepreneurs with consumer rights, the Service Provider’s liability for damages incurred by the Client as a result of non-performance or improper performance of the obligation by the Service Provider is limited to damage in the form of actual losses incurred by the Service Recipient and up to an amount not exceeding the total amount of the Service Provider’s remuneration paid by the Client for the last 12 (twelve) months before the damage occurred.
To the extent permitted by the provisions of the Civil Code and the Act on consumer rights, the Service Provider shall not be liable for disruptions in the functioning of the Application resulting from:
- force majeure;
- necessary conservation and modernization works carried out in the Application;
- reasons attributable to the Client;
- reasons beyond the Service Provider’s control, in particular actions of third parties, for which the Service Provider is not responsible.
The Service Provider undertakes to carry out the works referred to in section 4 point 2 above in the least burdensome way possible for the Clients and, if possible, to inform them in advance about the planned works.
The Service Provider undertakes, as far as possible, to remove disruptions in the functioning of the Application on an ongoing basis.

§ 11.

Complaints regarding the Subject of the Digital Service

The provisions of this § 12 shall apply only:
- Service Recipients who are Consumers or Entrepreneurs with Consumer rights
- Agreements for the provision of the Account Service, Agreements for the provision of the Service for the use of the Application, unless a specific provision of the Regulations applies only to one of these Agreements;
- Non-compliance of the Account Service with the Agreement for the provision of the Account Service, Non-compliance of the Application Use Service with the Agreement for the provision of the Application Use Service.
The Subject of the Digital Service Provided to the Client by the Service Provider must comply with the Agreement for its delivery:
- at the time of its delivery – if the Subject of the digital service is delivered once or in parts;
- throughout the entire period of delivery of a given Digital Service Subject – if the Digital Subject is delivered continuously.
The Service Provider shall be liable for Non-compliance:
- existing at the time of delivery of the Digital Service Subject and disclosed within 2 (two) years from that moment – if the Digital Benefit Subject is delivered once or in parts;
- disclosed during the period of delivery of a given Digital Service Subject – if the Subject of the digital service is delivered continuously.
In the event of disclosure of Non-conformities, the Client may file a complaint containing a request to bring the Subject of the digital service into compliance with the Agreement regarding its delivery.
The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
The complaint should include:
- name and surname of the Client;
- e-mail address;
- a description of the Incompatibility revealed;
- a request to bring the Subject of the digital service into compliance with the Agreement regarding its delivery.
The Service Provider may refuse to bring the Subject of the digital service into compliance with the Agreement regarding its delivery, if this is impossible or would require the Service Provider to incur excessive costs.
After considering the complaint, the Service Provider shall provide the Client with a response to the complaint, in which:
- acknowledges the complaint and indicates the planned date of bringing the Subject of the digital service into compliance with the Agreement regarding its delivery;
- refuses to bring the Subject of the digital service into compliance with the Agreement regarding its delivery for the reasons indicated in paragraph 7 above;
- rejects the complaint because it is unfounded.
The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
If the complaint is accepted, the Service Provider shall, at its own expense, bring the Subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time from the receipt of the complaint and without undue inconvenience to the Client, considering the nature of the Digital Service Subject and the purpose for which it is used. The planned date of bringing the Subject of the digital service into compliance with the Agreement regarding its delivery is indicated by the Service Provider in response to the complaint.
In the event of disclosure of Nonconformities, subject to section 14 below, the Client may submit to the Service Provider a statement on price reduction or withdrawal from the Agreement when:
1. bringing the Subject of the Digital Service into conformity with the Agreement for its delivery is impossible or requires excessive costs;
2. The Service Provider has not brought the Subject of the digital service into compliance with the Agreement regarding its delivery in accordance with paragraph 10 above;
3. The non-compliance persists despite the Service Provider’s attempt to bring the Subject of the digital performance into conformity with the Agreement for its delivery;
4. The non-compliance is so significant that it justifies withdrawal from the Agreement for the delivery of a given Digital Benefit Subject without first requesting the Service Provider to bring the Digital Object into compliance with the Agreement regarding its delivery;
5. it is clear from the Service Provider’s statement or circumstances that the Service Provider will not bring the Subject of the digital service into compliance with the Agreement regarding its delivery within a reasonable time or without undue inconvenience to the Service Recipient..
A statement on price reduction or withdrawal from the Agreement may be submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
The statement on price reduction or withdrawal from the Agreement should contain:
1. name and surname of the Client;
2. e-mail address;
3. the date of delivery of the Digital Benefit Subject;
4. a description of the Incompatibility revealed;
5. indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 11 above;
6. statement on price reduction, together with an indication of the reduced price or a statement of withdrawal from the Agreement.
The Service Recipient may not submit to the Service Provider a statement on price reduction if the Incompatibility concerns the Account Service provided free of charge.
The Service Provider is not entitled to demand payment for the time during which the Service of Use of the Application is inconsistent with the Agreement for its provision, even if the Client used it before withdrawing from the contract concerning it.
The reduced price must remain in such proportion to the price resulting from the Agreement for the provision of the Application Use Service in which the value of the Application Use Service inconsistent with the agreement for its provision remains to the value of the Use Service in accordance with the Agreement for the provision of the Application Use Service (in accordance with the Package purchased by the Client).
The Service Provider shall reimburse the Client the amounts due as a result of exercising the right to reduce the price or withdraw from the Agreement for the provision of the Application Use Service immediately, no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction or withdrawal from the Agreement for the provision of the Application Use Service.
In the event of withdrawal by the Client from the Agreement for the provision of the Account Service, the Service Provider deletes the Account immediately after receiving a statement of withdrawal from the Agreement for the provision of the Account Service.
If, before withdrawing from the Agreement for the provision of the Account Service, the Service Recipient concluded an Agreement for the provision of the Service for the use of the Application, withdrawal from the Agreement for the provision of the Account Service is tantamount to simultaneous withdrawal from the Agreement for the provision of the Service for the use of the Application on the basis of the provisions of this § 11. Withdrawal from the Agreement for the provision of the Application Use Service in the mode indicated in this paragraph 19 has the same effects as withdrawal from the contract due to the occurrence of Incompatibilities.
Pursuant to Article 34(1a) of the Act on consumer rights, if the Client withdraws from the Agreement regarding the delivery of the Subject of the Digital Service, the Client is obliged to cease using this Digital Benefit Object and make it available to third parties.

§ 13.

Intellectual property of the Service Provider

All components of the Application, in particular:
1. the name of the Application;
2. the logo of the Application;
3. photos and descriptions;
4. principles of operation of the Application, all its graphic elements, interface, software, source code and databases;
  
  are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on combating unfair competition and other provisions of generally applicable law, including the provisions of European Union law.
Any use of the Provider’s intellectual property without its prior, express permission is prohibited.

§ 14.

Processing of personal data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://chatgent.com/privacy-policy.
The terms and conditions for entrusting the processing of personal data by the Client to the Service Provider are specified in the Personal Data Processing Agreement, constituting Annex No. 1 to the Regulations.

§ 15.

Out-of-court dispute resolution

The provisions of this § 15 apply only to Service Recipients who are Consumers.
The Service Recipient has the option of using out-of-court complaint and redress methods.
Detailed information on the possibility of using out-of-court complaint and redress methods by the Client and the rules of access to these procedures are available at the offices and on the websites:
1. poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
2. Provincial Inspectorates of Trade Inspection;
3. Office of Competition and Consumer Protection.
The Service Recipient may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 16.

Changing the Digital Service

Under this § 16:
1. The Account Service and the Application Use Service are hereinafter jointly referred to as the “Service“, unless a specific provision of the Regulations applies only to one of these services;
2. The Agreement for the provision of the Account Service and the Agreement for the provision of the Application Use Service are hereinafter jointly referred to as the “Service Provision Agreement”, unless a specific provision of the Regulations applies to only one of these agreements.
The Service Provider may change the Service in the case of:
- the need to adapt the Service to newly created devices or software used by the Clients to use the Service;
- the Service Provider decides to improve the Service by adding new functionalities or modifying existing functionalities;
- legal obligation to make changes, including the obligation to adapt the Service to the current legal status.
Changing the Service may not involve any costs on the part of the Client who is a Consumer or an Entrepreneur with Consumer rights.
The Service Provider informs the Service Recipients about the change to the Service by placing a message on the Account informing about the changes. Independently, information about the change may be sent to the Clients via e-mail.
If the change of the Service will significantly and negatively affect the access to the Service of the Client who is a Consumer or an Entrepreneur with consumer rights, the Service Provider is obliged to inform the Client about:
- the nature and timing of the change, and
- the Client’s right to terminate the Agreement for the provision of the Service with immediate effect within 30 (thirty) days of making the change.
The information referred to in paragraph 5 above shall be sent by the Service Provider to the Clients via e-mail, no later than 7 (seven) days before the change.
Termination by the Client of the Agreement for the provision of the Service pursuant to paragraph 5 point 2 above takes place by submitting to the Service Provider a statement on termination of the Agreement for the provision of the Service. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
Termination of the Agreement for the provision of Services pursuant to section 5 point 2 above has the same effects as § 13 of the Regulations provides in the event of withdrawal from the Agreement for the provision of Services due to the occurrence of Non-conformity.

§ 17.

Price list

The current Price List is available at: https://chatgent.com/#pricing.
The Price List may provide that a certain number of Application Use Services may be used by the Client free of charge.
The Service Provider may change the Price List at any time.
The change of the Price List in no way affects the amount of fees specified in the Agreements concluded before the change of the Price List.

§ 18.

Amendments to the Terms and Conditions

The Service Provider may make changes to the Regulations in the case of:
1. changes in the subject of the Service Provider’s activity;
2. commencement of the provision of new services by the Service Provider, modification of services previously provided or discontinuation of their provision;
3. make a technical modification of the Application requiring adaptation of the provisions of the Regulations to them;
4. the legal obligation to make changes, including the obligation to adapt the Regulations to the current legal status.
Users will be informed about the amendment to the Regulations by publishing its amended version on the website of the Application. Independently, the amended version of the Regulations will be sent to the Clients by e-mail.
The provisions of the then applicable Regulations shall apply to the Agreements for the provision of the Application Use Service concluded before the amendment of the Regulations.
The Service Recipient who does not agree to the amendment of the Regulations may terminate the Agreement for the provision of the Account Service with immediate effect within 10 (ten) from the date of receiving information about the change in the Regulations. Lack of termination shall be deemed consent to change the Regulations.
Termination of the Agreement for the provision of the Account Service takes place by submitting to the Service Provider by the Service Recipient a statement on termination of this Agreement. The statement referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
Immediately after receiving the statement referred to in paragraph 5 above, the Service Provider deletes the Account.

§ 19.

Final provisions

The current version of the Regulations is effective from 7th September 2024.
The Regulations are governed by Polish law. Any disputes under these Regulations shall be resolved by amicable negotiations, and in the event of no agreement – before a common court competent for the seat of the Service Provider.
In matters not covered by the Regulations, the provisions of generally applicable Polish law shall apply.