Terms and Conditions for the Provision of Newsletter Services by Electronic Means
(hereinafter: the Terms)

Table of Contents

  1. Definitions
  2. Contact Details of the Provider
  3. General Provisions
  4. Technical Requirements
  5. Subscription to the Newsletter on the Website and Rules for Using the Newsletter Service, Including the Method and Timing of the Provider’s Performance
  6. Complaint Handling Procedure
  7. Right of Withdrawal from the Agreement
  8. Out-of-Court Complaint and Redress Procedures
  9. Intellectual Property Rights
  10. Term of the Agreement
  11. Liability Rules
  12. Personal Data
  13. Final Provisions

§1
Definitions

  1. For the purposes of these Terms, the following definitions apply:

    1. Provider – GOODAPP sp. z o.o., based in Pniewo, ul. Wesoła 28, 18-400 Łomża, registered in the National Court Register kept by the District Court in Białystok, 12th Commercial Division of the National Court Register under KRS number 0001039086; NIP 7182165933, the owner of the Website;
    2. Subscription Form – a form available on the Website allowing entry of the data necessary to subscribe to the Newsletter;
    3. Newsletter – a service provided by the Provider to the User, who has subscribed via the Website and provided the necessary consents located beneath the Subscription Form. It consists of the periodic delivery of free digital content in the form of commercial, marketing, promotional, educational, or informational messages. The User does not make a monetary payment for the Newsletter but provides their email address, i.e. pays with data.
    4. Terms – these terms and conditions for the provision of the Newsletter service electronically, defining in particular: the types and scope of the Newsletter service, the conditions for its provision (including technical requirements and the prohibition of unlawful content by the User), conditions for concluding and terminating the Agreement, and the complaint procedure;
    5. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
    6. Website – the website available at rod-app.com and its subpages;
    7. Digital Content – data produced and delivered in digital form;
    8. Agreement – the agreement for the provision of the Newsletter service, concluded between the Provider and the User based on the Subscription Form, under the conditions set out in the Terms;
    9. Service Agreement – an agreement under which the Provider provides or undertakes to provide a service, including a digital service;
    10. Distance Agreement – an agreement concluded with the User within a structured system for concluding distance contracts (via the Website), without the simultaneous physical presence of the parties, exclusively using one or more means of distance communication until the moment of contract conclusion;
    11. Digital Service – a service that allows the consumer to create, process, store or access digital data, share digital data transmitted or created by the consumer or other users, or interact in other ways via digital data;
    12. User – any entity using the Newsletter service who has concluded an Agreement with the Provider.

§2
Contact Details of the Provider

  1. You can contact the Provider in the following ways:
    1. in writing to the Provider’s address: Pniewo, ul. Wesoła 28, 18-400 Łomża
    2. via email to: [email protected]
    3. by phone: +48 502 017 581
  2. The above contact details enable Users to quickly and efficiently contact the Provider.
  3. The above postal and email addresses are also the addresses where Users may submit complaints.
  4. The Provider will respond to messages without undue delay.

§3
General Provisions

  1. The Provider is the owner of the Website available at rod-app.com (including its subpages).
  2. These Terms, together with the Subscription Form, constitute an offer to enter into an agreement for the provision of the Newsletter service by electronic means between the Provider and the User, and set out the mutual rights and obligations of the parties, in particular the rules under which the Provider will periodically send Users digital content such as commercial, marketing, promotional, educational, or informational messages.
  3. The following are required to conclude the Agreement:
    1. providing personal data in the form of an email address,
    2. giving consent to the processing of personal data by the Provider for the purpose of providing the Newsletter service,
    3. acceptance of the Terms and compliance with their provisions,
    4. reading the Privacy Policy, including the Personal Data Processing Notice and Cookie Policy.
  4. Activation of the Newsletter service means that the User consents to the sending of marketing and commercial information via electronic communication means as defined by the Act on the Provision of Electronic Services, and also consents to the use of telecommunications end devices by the Provider for direct marketing purposes under the Telecommunications Law.
  5. These Terms are made available to the User free of charge before the conclusion of the Agreement and before use of the service begins. The User may download, save, reproduce and print the Terms, including saving a copy on a durable medium.
  6. Archived versions of the Terms will be available to Users under the "Archived Terms" section below the current version.
  7. The User is obliged to use the Website and the Newsletter service in accordance with the law, the Terms, and good practice, in particular not disrupting their operation through specific software or devices.
  8. The User is prohibited from providing illegal content or engaging in behaviour contrary to social norms or legal standards, including:
    1. inciting violence against any living beings or glorifying such violence,
    2. promoting totalitarian or fascist ideologies,
    3. inciting hatred based on gender, sexual orientation, nationality, ethnicity, race, religion, or group membership,
    4. defaming third parties,
    5. violating the personal rights of others,
    6. using vulgar or generally offensive language.
  9. The User may only use the Newsletter service for their own personal purposes.
  10. The Provider is responsible for ensuring the service complies with the Agreement.
  11. If a person wishes to receive digital content provided through the Newsletter service without entering into a Newsletter Agreement, such content can be made available for a fee. In that case, the individual should contact the Provider (see §2) to arrange the terms individually.

§4
Technical Requirements

  1. To use the Newsletter, including subscribing, the following are required:
    1. access to a technically operational end device such as a computer, phone, or tablet with Internet access,
    2. an up-to-date web browser such as:
      • Google Chrome,
      • Internet Explorer,
      • Mozilla Firefox,
      • Opera,
      • Edge,
      • Safari for Mac OS X,
      (older versions may not be compatible with the Registration Form or Account),
    3. an active and properly configured email account,
    4. enabled support for necessary cookies,
    5. standard and up-to-date operating system (e.g., Windows, Linux, Mac OS X),
    6. a PDF viewer (e.g., Adobe Acrobat Reader).
  2. The Provider informs that while using the Website (e.g., subscribing to the Newsletter), short text files (cookies) are saved. The installation of necessary cookies is required for proper service provision. More info is available in the Cookie Policy at: https://amoney.ag/docs/Polityka-cookies.pdf
  3. The Provider implements appropriate measures to ensure proper service and digital content protection within the Newsletter.
  4. The Provider warns that the use of services over the Internet involves risks, including malware attacks, identity theft, fraud, data modification or destruction, DoS/DDoS attacks, spam, and phishing.
  5. The Provider will notify the User about necessary updates (if applicable), especially security updates, to ensure compliance with the Agreement. Users should also regularly update their devices and software.
  6. If the User fails to install updates within a reasonable time:
    1. and the Provider informed the User about the update and consequences of not installing it,
    2. and the issue was not due to Provider’s incorrect instructions,
      3. the Provider is not liable for non-compliance.

§5
Newsletter Subscription and Use

  1. To receive the Newsletter, the User must complete the Subscription Form available on the Website.
  2. Steps to subscribe:
    1. visit rod-app.com,
    2. read the Privacy Policy, Data Processing Info, and Cookie Policy, accept the Terms via checkboxes,
    3. give consent to receive marketing and commercial information via electronic means,
    4. click "Subscribe to Newsletter",
    5. confirm subscription by clicking the activation link sent to the provided email address.
  3. Clicking the activation link forms the contract between User and Provider and activates the Newsletter.
  4. The User will receive confirmation of the subscription via email.
  5. Access to the Newsletter is granted immediately after signing up, but messages are only sent with the next scheduled dispatch.
  6. Messages are sent periodically to the User's email. Frequency is determined by the Provider and is not intended to be excessive.
  7. The User must provide true data. The Provider is not obligated to verify the accuracy of submitted data.
  8. The User may unsubscribe at any time via:
    1. the "Unsubscribe from Newsletter" link in any email,
    2. or by emailing or writing to the Provider.
  9. Unsubscribing terminates the service immediately and removes the User’s data from the Newsletter database.
  10. Newsletter content reflects current knowledge and may be periodically updated.
  11. The Provider may use third-party services for sending newsletters. User activity such as email opens or unsubscribes may be tracked.
  12. Digital content is considered delivered when it is made available or accessed by the User or a device of their choice.
  13. The Provider may make changes to the service for legal or technical reasons without additional costs to the User.
  14. If a change significantly and negatively affects access, the User will be notified in advance and may terminate the Agreement within 30 days.
  15. The User will be informed of planned changes via email.
  16. Only the User is entitled to access the Newsletter. It must not be shared with third parties or used commercially.
  17. The User is obliged to report any malfunctions or suspicious activity within the Newsletter service.

§6
Complaints Procedure

  1. The Provider is obliged to deliver to the User a properly functioning service, in accordance with its description contained in these Terms, and is responsible for any non-conformity of the service with the Agreement.
  2. In the event of any irregularities in the service provided by the Provider, the User has the right to lodge a complaint.
  3. If the Provider has not delivered the digital service, the User shall request its delivery. If the Provider fails to deliver the digital service promptly or within an additional period explicitly agreed by the parties, the User may withdraw from the Agreement.
  4. The User may withdraw from the Agreement without requesting the delivery of the digital service if:
    1. it clearly follows from the Provider’s statement or circumstances that the digital service will not be delivered; or
    2. the User and the Provider agreed or it clearly follows from the circumstances at the time of conclusion of the Agreement that a specific delivery date was essential to the User, and the Provider failed to deliver it within this period.
  5. The Provider is responsible for any non-conformity with the Agreement of digital content or a digital service delivered continuously, which occurred or became apparent during the time they were to be delivered under the Agreement.
  6. The Provider is responsible for any non-conformity with the Agreement of digital content or a digital service delivered on a one-time basis or in parts, which existed at the time of delivery and became apparent within two years of that moment.
  7. If the digital content or digital service is non-compliant with the Agreement, the User may demand that it be brought into conformity with the Agreement.
  8. The Provider may refuse to bring the digital content or digital service into conformity with the Agreement if it is impossible or would involve excessive costs for the Provider. When assessing whether the costs are excessive, all circumstances of the case shall be taken into account, in particular the significance of the non-conformity and the value of the conforming digital content or digital service.
  9. The Provider shall bring the digital content or service into conformity with the Agreement within a reasonable time from when they were informed by the User and without undue inconvenience to the User, taking into account the nature of the digital content/service and the purpose for which they are used. The Provider shall bear the costs.
  10. If the digital content or service is non-compliant with the Agreement, the User may make a statement on withdrawal from the Agreement if:
    1. bringing it into conformity is impossible or involves excessive costs,
    2. the Provider has not brought the digital content/service into conformity within a reasonable time and without undue inconvenience to the User,
    3. the non-conformity persists despite the Provider’s attempt to bring it into conformity,
    4. the non-conformity is so significant that it justifies withdrawal without first seeking remedy as in point 7,
    5. it clearly follows from the Provider’s statement or circumstances that they will not bring the digital content or service into conformity in a reasonable time or without undue inconvenience.
  11. Complaints should be submitted in writing or by email to the Provider’s addresses provided in §2.
  12. A complaint should contain, among other things: a brief description of the irregularity, the circumstances (including date) of its occurrence, the User’s contact details (at least email), and the User’s request. The User may, but is not required to, use the complaint form attached to the Terms.
  13. The Provider shall respond to the complaint without undue delay, no later than 14 days from the date of receipt. The response will be sent via the same communication channel used to file the complaint.
  14. If the Provider does not respond within 14 days, it shall be considered that the User's request has been accepted.

§7
Right of Withdrawal

  1. A User who is a consumer within the meaning of Article 221 of the Civil Code or a sole trader with consumer rights (hereinafter jointly referred to as: Consumer), who has concluded a distance Agreement with the Provider, has the right to withdraw from it within 14 days without giving any reason.
  2. To exercise the right of withdrawal, the Consumer should inform the Provider of their decision by:
    1. clicking the unsubscribe link in any Newsletter email, or
    2. submitting a clear written statement by post or email to the Provider’s address specified in §2 of the Terms.
  3. To meet the deadline, it is sufficient to send the withdrawal statement before the 14-day period has expired.
  4. The Provider provides below, as an attachment to the Terms, a sample withdrawal form, constituting Annex 2 to the Consumer Rights Act (the Consumer may, but is not obliged to, use this template).
  5. Upon effective withdrawal, the Provider shall immediately terminate the provision of the Newsletter service to the User.

§8
Out-of-Court Complaint and Redress Procedures

  1. The Provider allows for the possibility of resolving disputes arising from service agreements amicably, including through mediation.
  2. Detailed information on out-of-court complaint and redress mechanisms and access to such procedures is available at the premises and websites of county (municipal) consumer ombudsmen, consumer protection organizations, provincial inspectorates of the Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection (UOKiK):
  3. The User has the following examples of ADR options:
    1. The User may request a permanent consumer arbitration court, as defined in the Act on Trade Inspection, to resolve the dispute.
    2. The User may request the Provincial Trade Inspectorate to initiate mediation for an amicable resolution.
    3. The User may obtain free legal assistance from a local consumer ombudsman or a consumer protection organization (e.g., Consumer Federation, Polish Consumer Association).
  4. The User has the right to use the EU online ODR platform available at: https://ec.europa.eu/consumers/odr/
  5. More information about ADR is available at: https://polubowne.uokik.gov.pl/

§9
Intellectual Property Rights

  1. The Provider declares, and the User acknowledges, that the content delivered as part of the Newsletter service and content available on the Website, including digital content such as published texts, images, photos, graphics, logos, names, may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which copyright belongs to the Provider or third parties who have granted the Provider the right to use such content for the purposes of providing the services or operating the Website. These rights are legally protected and may not be used in any way by the User or other third parties without the written consent of the Provider or the respective authors (if the author is someone other than the Provider).
  2. Subject to section 3 below, the User, by accepting the Terms, acknowledges that further dissemination of the content and works contained in the Newsletter service or the Website without the consent of the Provider or other authors (if the author is someone other than the Provider) constitutes a violation of copyright belonging to the Provider or third parties to electronic products and may result in civil or criminal liability.
  3. Within the scope of the Newsletter service, the Provider grants the User a temporary, non-exclusive, non-transferable licence, without the right to grant sublicenses, to use the digital content. Under the granted licence, the User has the right to use the digital content covered by the Newsletter service in the following fields of exploitation and solely for their own personal use:
    1. storing in digital form, materials sent as part of the Newsletter (limited to materials authored by the Provider),
    2. printing materials sent as part of the Newsletter (limited to materials authored by the Provider).
  4. The licence is granted for the duration of the Agreement between the Provider and the User.
  5. The licence is granted free of charge.
  6. The User has no right to use, including copying or publishing, the materials received as part of the Newsletter for any purpose other than personal use.

§10
Term of the Agreement

  1. The Agreement is concluded for an indefinite period from the moment of activation of the Newsletter service.
  2. The Newsletter service is provided until the User withdraws their consent (unsubscribes from the Newsletter) or until the Provider terminates the Newsletter service – whichever occurs first.
  3. The User may unsubscribe from the Newsletter at any time, without giving a reason, with immediate effect by:
    1. using the relevant Newsletter functionality, i.e., clicking the "Unsubscribe from Newsletter" button located at the end of each message sent to the User as part of the Newsletter, or
    2. sending the Provider a written notice or an email with an instruction to unsubscribe from the Newsletter.
  4. The Provider may terminate the Agreement with 30 days' notice for the following justified important reasons:
    1. The User has been inactive in connection with the service for 1 year from the date the last message was sent (i.e., the User has not opened the message),
    2. The Provider has decided to discontinue the Newsletter service.
  5. The Provider has the right to terminate the Agreement with immediate effect in the event of a breach by the User of the provisions of §3 section 8 of these Terms.
  6. Termination shall occur by sending a notice of termination to the User via email to the address provided during Newsletter signup. The User has no right to claim any damages due to termination under section 5 of this paragraph.

§11
Liability Rules

  1. The Provider, to the fullest extent permitted by law, is not liable for interruptions, including service outages under the Agreement, caused by force majeure, unlawful actions of third parties, or incompatibility of the service with the User's technical infrastructure.
  2. The Provider is not liable for non-conformity of digital content or digital services with the Agreement if:
    1. the User’s digital environment is not compatible with the technical requirements clearly stated in these Terms before the conclusion of the Agreement, or
    2. the User, who was clearly informed before the Agreement that they are required to cooperate with the Provider reasonably and using the least burdensome technical means to determine whether the non-conformity of the service arises from the User’s digital environment, fails to fulfil this obligation.
  3. In connection with point 2 letter a above, the Provider is not liable in particular for issues resulting from failure to comply with the technical requirements in §4 above. This especially applies if the User fails to update their software, misconfigures or does not configure their email, resulting in them not receiving Provider emails or failing to send their own emails to the Provider.
  4. Since emails sent as part of the Newsletter may automatically land in SPAM or similar folders, which the Provider has no control over, the User is advised to regularly check the SPAM folder and configure their inbox accordingly.
  5. If the User does not receive a Newsletter email for more than 30 days, it is recommended that they contact the Provider to clarify the situation and verify the correctness of the email address provided.

§12
Personal Data

  1. Browsing the contents of the Website without subscribing to the Newsletter is possible anonymously, i.e., without providing personal data.
  2. Subscribing to the Newsletter requires the User to provide certain personal data (email address), for which the Provider is the Data Controller within the meaning of the GDPR.
  3. In connection with the processing of personal data, the Provider implements necessary and appropriate data security and protection measures.
  4. The current Privacy Policy, including data processing information and cookie usage, is available at: https://rod-app.com/docs/polityka-prywatnosci.html

§13
Final Provisions

  1. These Terms and Conditions also fulfil the informational requirement towards the User who is a Consumer/PPK, resulting from Article 12 of the Consumer Rights Act.
  2. Contracts concluded via the Website with the Provider are made in the Polish language.
  3. Polish law and the jurisdiction of Polish courts apply to contracts concluded via the Website.
  4. The Provider reserves the right to unilaterally introduce changes to the Terms and Conditions for important reasons, in the event of:
    1. changes to legal regulations in the area covered by the Terms and Conditions, requiring the Terms and Conditions to be adapted to those changes,
    2. changes in the scope of the Newsletter service provided,
    3. correction of errors and obvious typographical mistakes in the Terms and Conditions.
  5. The Provider shall inform the User about each change to the Terms and Conditions at least 14 days in advance by sending the new version to the User's e-mail address and by publishing the new version on the Website.
  6. The version of the Terms and Conditions in force at the time of concluding the Agreement shall apply to Agreements concluded before the change, unless this conflicts with applicable law.
  7. These Terms and Conditions have been in force since 31.01.2024.
  8. In the event of changes to the Terms and Conditions, all previous versions will be available for download in PDF format. Download links to previous versions will be provided below the current Terms and Conditions text.
  9. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Act on the Provision of Electronic Services, and the GDPR.
  10. In the event of a dispute between the Provider and the User, the competent court for its resolution shall be the one indicated by the generally applicable legal provisions.
  11. The paragraph titles used in the Terms and Conditions are for organisational purposes only and do not affect their interpretation.
  12. A printed version of these Terms and Conditions is available at the Provider’s address indicated in §2 of the Terms and Conditions.