1. General provisions
- These Regulations define principles, based on which the company provides electronic services, and present the mode of complaint procedure. The content of these Regulations may at any time be recorded by Users through printing, saving on a carrier or downloading from the website www.helloslash.com
- Taking advantage of the Services provided by the Company, the Users hereby declare that they have familiarised themselves with the Regulations, accept the provisions thereof and undertake to comply therewith.
The following when used in the Regulations shall have the following meaning:
- Company or Operator - SunnyApps sp. z o.o. Company with its registered office in Warsaw, ul. Hoża 51, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Warsaw 13th Commercial Division of the National Court Register under the number KRS 0000434638, NIP (Tax Identification Number) 1132858938, with the share capital of PLN 5,000 (in words: five thousand zloty).
- User – a legal person, an organisational unit having no legal personality or a natural person having full capacity to perform legal acts who is registered on the Site.
- Content - any data, in particular: files, texts, links, messages, pictures, graphics, videos, posts, sounds, presentations, comments, logos and trademarks, computer programmes and codes as well as all works regardless of the form of their representation.
- Personal Data - personal data as defined by the Act of 29 August 1997 on personal data protection (Dz.U. of 2002, No. 101, item 926, as amended), i.e. any information concerning an identified or identifiable natural person.
- Consumer – a natural person performing a legal act not directly related to the business or professional activity of that person.
- Account - a Service available to the User after the Registration on the Site consisting in making available to the User, after proper logging in, a part of the Site which enables to: create Test Websites and Websites, order and benefit from other Services on the Site, modify parameters of the Services already provided, control the status of the settlements with the Company, obtain information concerning the Services ordered by the User as well as to modify settings.
- Login or User Name - a sequence of characters entered by the User at the stage of Registration on the Site which makes it possible to identify the User later, while using the Site.
- Site - a web portal led by the Company under the domain www.helloslash.com. by way of which the Company provides services for the benefit of the Users.
- Website – a set of websites thematically related and placed on one and the same server, also referred to as a World Wide Web/WWW, Blog, Forum or Portal, etc., created using the Services provided by the Site.
- Test Website – a working Website, visible for the User only, inaccessible for third parties using the Internet.
- Domain - a unique sequence of characters, which is or can be registered by the registrar, consisting of a chosen name and an extension.
- Subdomain - a part of the web address placed between a prefix "http:// "or the "https:// " and the domain "helloslash.com" that belongs to the main domain or is a part of a larger domain.
- Spamming - electronic messages (of commercial nature in particular) sent via e-mail and placed in other places on the Website, which recipients have not agreed to obtain.
- Contract - a contract for provision of an Account service electronically concluded by and between the User and the Operator upon the Registration on the Site whose content is set forth in the provisions of these Regulations.
- Service/Services - all services provided by the Company for the benefit of the Users in accordance with these Regulations.
- Payable Service – a Service specified on the Site and on the Account, for which the Company receives remuneration according to the Price List, provided in accordance with the specification thereof.
- Subscription Fee - remuneration for a given Payable Service provided under the Contract and defined in the Service specification available on the Site websites due for a given Subscription Period.
- Subscription Period – a maximum period of time dedicated to use parameters of a given Payable Service, being at the same time a settlement period, specified in the Service specification available on the Site websites.
- Price list – a price list of Payable Services published on the Site websites.
3. Use of the Site
- In order to start using the Services provided by the Company via the Site, the Registration on the Site should be performed beforehand.
- In order to use the Site, it is necessary for the User to have a device which allows to gain access to the Internet together with a browsing programme which accepts cookies and an e-mail account. The users shall at their own expense incur costs related to gaining access to the Services, including telecommunications, bank and postal charges, purchase of software or hardware to use the Services, design WWW websites and configure one's own computer system.
4. Registration. Contract.
- The Contract is concluded upon the Registration on the Site.
- The Registration on the Site is performed by filling in a form located on: www.helloslash.com. and accepting the provisions of these Regulations.
- In order to perform the Registration on the Site, the User is under an obligation to provide the following data:
- e-mail address,
- optionally, additional data of a demographic nature.
- The Users, accepting the Regulations, hereby declare that they:
- have an ability to take on obligations on their own behalf/on the behalf of the User;
- have read the Regulations, accept all provisions thereof and undertake to comply with them;
- give their consent to receive messages from the Company and information on all impediments, changes and technical breaks in operation of the Site to the e-mail address indicated in the Account settings;
- have been notified of the purposes of the processing of the Personal Data specified under point 4 of the Regulations and that providing such data is voluntary, and of the right to access one's own data and to amend it;
- have been informed that in accordance with Article 7(1) and Article 10(3) of the Act on protection of certain consumer rights and liability for damage caused by a hazardous product of 2 March 2000, a Consumer who concluded the contract from a distance may withdraw from it, without giving the grounds, through submitting an appropriate statement in writing within the period of ten (10) days from the date on which such Contract is concluded (to retain this period it is enough to send the statement before it expires), and that the Consumer is not eligible for the right to withdraw from the contract concluded remotely in, for example, the following cases:
- provision of services initiated, with a prior consent of the consumer, before the end of a ten-day period mentioned above;
- services with properties specified by consumers in the order submitted by them or strictly related to that person;
- service which, due to their nature, cannot be returned or the object of which becomes quickly spoiled;
- give their consent to initiate provision of the Services (including the Account Service and the Payable Service) upon an order thereof, i.e. before the end of a ten-day period from the date this Contract is concluded, which results in a loss of the right to withdraw from the Contract.
- The Users undertake to provide true Personal Data in the registration form.
- The Users give their consent to collect, gather and process the following technical and technological data by the Operator:
- IP address,
- uniform resource locator,
- web address from which the User moved to the Site websites,
- type of a browser which is used by the User,
- other information transmitted via a hypertext transfer protocol.
- Subject to separate provisions of the Regulations, the Contract is concluded for an indefinite period of time. In case the User orders a Payable Service, the Contract changes into a contract concluded for a definite period of time equal to the Subscription Period. As the Subscription Period expires, the Contract changes back into a contract for an indefinite period of time. The User may at any time of duration of the Subscription Period terminate the Contract, yet it shall take effect no earlier than on the day when the Subscription Period expires.
- The Company is an administrator of the Personal Data that processes the Personal Data in accordance with these Regulations and provisions of law, in particular with the provisions of the Act of 29 August 1997 on the protection of personal data (Dz.U. of 2002.101.926, as amended) and of the Act of 18 July 2002 on provision of services by electronic means (Dz.U. of 2013.1422, consolidated text).
- The Company processes the Personal Data of the Users that are:
- necessary to establish and form a content of the Contract, to change, terminate and properly implement the Services, and also to make settlements with the User;
- to promote own products and services;
- to conduct quality tests, customer satisfaction surveys and market analyses including Users' behaviour and preference analyses with the results of the above used for the purposes of improvement of the quality of the Services provided on the Site;
- The Company, being an administrator of the Personal Data, protects the Personal Data of its Users. The Personal Data provided by the User may be processed for the purposes specified under point 2 herein-above only by the Company and entities authorised by the Company. The Company has entrusted to TechStorage Sp. z o.o., with its registered office in Warsaw, the processing of the data in terms of storage thereof. The users have the right to access their personal data and change it.
- Provision of the Personal Data by the User is entirely voluntary, however, the Operator reserves the right to refuse to provide some Services in case the User does not provide the Personal Data required. The User shall be separately notified of each single need to provide such Personal Data.
- The Company announces specifications of the Services, containing in particular information on their parameters and functionalities, length of the Subscription Period and amount of the Subscription Fee, to the Users via the Site and the Account.
- The Company reserves the right to select the type, form, time of the technical characteristics as well as a method for granting access to the Services and for introducing new functionalities. Introduction of new functionalities or enhancement of technical parameters of the Payable Services throughout the Subscription Period does not cause the User to pay additional fees for the Company.
- The Payable Services are provided by the Company for the benefit of the User only upon submission of an appropriate instruction applicable at a moment of submitting the instruction provided for in the Price List available on the Site websites and upon acceptance of the provisions relevant for this specification. The User who wants to take advantage of the Payable Service continuously after the expiry of the Subscription Period, for which the Subscription Fee was paid, is obliged to pay a subsequent Subscription Fee before the end of this Subscription Period in the amount provided for in the up-to-date Price List available on the Site websites and accept provisions of the specifications relevant for this Service applicable at the moment of submitting the instruction. Submission of the instruction for continuation of the Payable Service for subsequent Subscription Period may take place no earlier than 45 days prior to the expiry of a current Subscription Period.
- The Payable Services are provided during the Subscription Periods as defined in the specifications.
- The Subscription Fee may be paid by the Users in a form of payment chosen freely by them from among the forms indicated by the Company.
- The User authorises the Company to issue a VAT invoice without User's signature and to send invoices electronically.
- The account is created upon the Registration on the Site.
- The User is obliged to keep confidential the password and other data that would allow to log onto the Site or gain access to the Account.
- The User shall be under an obligation to neither use other Users' Account, Login or password, nor disclose to third parties own Users' Account, Login or password, nor create hazards for safety of own Account in any other way. The Users are under an obligation to immediately notify the Operator of each unlawful use of or an attempt to use their Account or password and of potential threat of such use.
- As part of the Account, the User obtains access to the settings of the web wizard, allowing to create Websites. As part of the Free-of-charge Services, the User is entitled to create no more than five Test Websites. A given Test Website shall remain inaccessible for third parties until the Payable Service is ordered and paid. In case of a failure to buy the Payable Service for a given Test Website within a period of three (3) months from the creation thereof (hereinafter referred to as the Trial Period), the Operator reserves the right to remove the Test Page along with the content therein.
- Upon creating the Website, subject to the provisions of the Regulations, the Operator gives the Users a possibility to select a Subdomain for their own Website (e.g. mojastrona.helloslash.com) from among available names of the Subdomains.
- It is forbidden to use names of the Subdomains which violate the rights of third parties, good practice, legal order or provisions of the Regulations and contain in particular:
- vulgar, offensive and discriminating expressions and expressions calling to hostility or hatred;
- trademarks, markings, surnames, etc., protected pursuant to applicable regulations, if the User is not entitled to use them within this respect.
- The Operator shall be the owner of the Subdomain who gives the User permission to use the Subdomain for the period when the Contract remains in force.
- The permission allows to use the Subdomain only within the scope of the Site and for the purpose of promotion and advertising of the Users or the Website created by them.
- The permission may be withdrawn at any time in compliance with a seven-day notice period or without notice with immediate effect, in case of a violation of the provisions of these Regulations.
- The permission referred to above shall expire upon the termination of the Contract at the latest. In case of the Test Websites, if no Payable Service was bought for such Website, the permission shall expire after fourteen (14) days from the date of the end of the Trial Period, referred to in point 6.4. In case of Websites for which the Payable Service was bought, the permission shall expire no later than  days from the date the provision of the Payable Service for a given Website is completed, if the Payable Service for subsequent Subscription Period was not bought.
8. Site Marking
- The Company is entitled to display the Site Marking on each User's Website. Such a marking may contain trademarks or other data concerning either the Company, or the services provided by it, or a link to the Site websites.
- The type, form and place for the marking on User's Website is completely dependent upon the discretion of the Company.
- The Users hereby declare that they:
- are entitled to use the Content in terms of forwarding, sending, sharing, publishing and distributing in any other way via the Services provided by the Company or the Website created by themselves;
- are entitled to grant the Company a licence to use the Content forwarded, sent, made available, published and distributed in any other way via the Website created by them, within the scope specified in these Regulations, in particular under item 6 below;
- forwarding, sending, publishing, making available and distributing the Content in any way via the Services provided by the Company or the Website created by themselves does not violate any rights of third parties, provisions of these Regulations or regulations of applicable law.
- The Company shall not be liable neither responsible for monitoring or supervising Users' Websites, and in particular the Content being forwarded, made available, published or distributed in any other way via the Services provided by the Company or the Websites.
- The User may place links to other websites or web resources on the Website created subject to point 10.2. The User acknowledges that the Company shall not be liable for availability of such external websites or resources and shall not support and shall not be liable for the content, advertisements, products and other materials available on such websites and in such resources. The User acknowledges and agrees that the Company bears no liability, directly or indirectly, for damages or losses caused by or allegedly caused by or emerging in connection with using or relying on such data, goods or services available on or via such websites or resources.
- The User who intends to provide electronic services via the Website is obliged to meet any condition required for this purpose defined by regulations of law, in particular to have and publish relevant regulations.
- Subject to item 6 below, the Company shall not acquire any rights regarding the Content being forwarded, sent, made available, published or distributed in any other way via the Services provided by the Company or the Websites.
- The User grants the Company a free, non-exclusive, transferable licence with the right to further grant sub licences and which is unlimited in territory for an indefinite period of time to use the Website and the Content being forwarded, sent, made available, published or distributed in any other way via the Website in the scope of any fields of exploitation known at the moment of conclusion of the contract, and in particular indicated in Article 50 of the Act of 4 February 1994 (Dz.U. of 2006, No. 90, item 613) on copyright and related rights:
- with regard to recording and multiplication of the work - generating of the work in a specific technique, including printing, reprographic, magnetic recording and digital technology;
- with regard to trading with the original or copies with the work recorded - marketing, lending or rental of the original or copies;
- with regard to distribution of the work in a manner different than specified under point 2 - public performance, exhibition, display, playing and broadcasting and retransmission as well as making the work available to the public in such a way that anybody can have access to it at a place and time selected by them.
- In the above scope, the licence includes authorisation to exercise the related copyrights. This licence is granted solely for the purpose of enabling the Company to provide the Services and presentation, promotion and advertising of the Site.
- Size of a single file sent to the Server must not exceed 8 MB.
10. Bans and Limitations
- The User is under an obligation to use the Services in a way that is consistent with their intended use, the Regulations and applicable regulations of law. Any actions on the part of the Users or people working on their behalf as well as forwarding, sending, making available or distributing of the Content in any other way via the Services provided by the Company or the Parties which are at variance with the law, good practice or otherwise violate the rights of third parties are prohibited.
- In particular, using the Content and undertaking the activities which:
- are or may be or may lead to committing a crime;
- contain content:
- of pornographic, erotic nature;
- spreading or calling to hatred, intolerance, racism, fascism or discrimination due to nationality, religion or political beliefs;
- offensive, libellous, accusing, insulting or otherwise violating personal rights of other persons;
- violating rights of third parties including, above all, intellectual property rights, such as copyrights, trademarks rights;
- contain information promoting/advertising other websites which contain the above-mentioned content or otherwise violating the provisions of these Regulations;
- lead to unintended start-up of websites on the part of the web user;
- hinder, destabilise, damage or excessively burden operation of the Site;
- include other people's requests to make available the data making it possible to log onto the Site or other websites;
- lead to removing, blocking or hindering in any other way introduction of advertisements, logo, links or imprints presented by the Operator;
- lead to distributing or making any files code or programmes of a harmful or damaging nature - in particular such as viruses Trojan horses, computer worms, links to such Content - available;
- lead to unauthorised sharing or distributing of files or placing links to music files, graphic literary texts, computer software and any other works protected by copyright;
- violate principles of fair competition;
- serve for positioning of the Websites in web search engines only;
- are related to hacking and cracking;
- concern sales of tobacco and tobacco-related products;
- concern sales or distribution of essays or final papers;
- are websites concerning making money on the Internet or related to programmes rewarding users for clicking on advertisements;
- mislead the Company or people visiting the Website or the Site as for their holder, managing entity, origin or the Content, goods and services presented there;
- lead to providing the Company with untrue Personal Data, untrue data indicated in the course of the Registration on the Site or creating an Account using data of another entity without permission thereof;
- lead to making the Account available to other entities;
- lead to sending of unsolicited commercial information and spamming using any medium (e-mail, electronic mailing lists, discussion groups, communications, IRC, etc.);
- promote the Website on a web site of a 'chain letter' nature or other site enabling mass data transmission;
- contain descriptions of products or services, category names, meta elements and URL addresses which do not refer to the Website, containing offensive, misleading Content and the Content violating good practice and Operator's and third parties' rights;
- are unfair trade practices as defined by the Act of 23 August 2007 on counteraction of unfair trading practices (Dz.U., No.171, item 1206);
- facilitate or encourage to violate these Regulations.
- In case it is stated that the User has undertaken activities violating the Regulations, the Company is entitled to terminate the Contract immediately and to remove the Account, and to block or remove the Content recognised by the Company as inappropriate.
11. Termination of the Contract, Block and Removal of the Account, Content or the Website
- Removal of an Account is equivalent to terminating the Contract by the Operator with immediate effect.
- Block of an Account consists in indefinite suspension of User's rights resulting from the Contract.
- In case the User violates the provisions the Regulations, the Company is entitled to block or remove User's Account, Content or Website.
- In case the Account is blocked or removed by the Company, creation of a new Account requires prior approval on the part of the Company.
- The Account can be unblocked by way of submission of a complaint, in case it is positively considered by the Company.
- The Operator has the right to remove the Content after 14 days from the date of completion of the Trial Period referred to in point 6.4, if at that time no Payable Services were bought for the Website, and after 180 days from the date of completion of provision of the Payable Services for a given Website if no Payable Service was bought for subsequent Subscription Period.
- The Operator has the right to remove the Content after 14 days from the date the Website or the Account is blocked.
- Subject to point 3.7 and point 11.11, the User may terminate the Contract at any time without giving the reason.
- Termination of the Contract by the User is done through sending information on termination of the Contract by an e-mail to: firstname.lastname@example.org
- Subject to point 3.7 and 11.11, termination of the Contract by the Company may take place in cases indicated in these Regulations and for important reasons - in particular such as a change to rules of law, a change to technical conditions for provision of the service, changes to services provided by third parties for the benefit of the Company necessary to provide Services, changes to the offer of the services provided - with a monthly period of notice.
- During the Subscription Period, in which according to the Contract Regulations the contract is concluded for a definite period of time, the Party hereto may terminate the Contract only in case of a breach of the provisions of these Regulations by the other Party.
12. Reservations, Disclaimers
- The Company undertakes to assure adequate quality of the Services provided. The Company shall not be liable for disturbances in functioning of the Site due to reasons controlled by other entities.
- In order to implement the Services with all due diligence the Company has the right to update, change and improve the software on the server, about which it is obliged to inform the Users in advance by an e-mail.
- The Company shall not be liable for temporary inability to use the Site and Services by the Users, resulting from:
- updating of the changes and improvements in the system and the maintenance works performed;
- force majeure events;
- acts or omissions on the part of third parties, hardware failure, even if these would result in a loss of the Content;
- incorrect use of the Service;
- use of information authorising access of the User to the Account through third parties.
- The Company shall not be liable for Users' activities and for the Contents used by them. The Contents placed by the Users are not views or opinions of the authors of the Site. However, the Company reserves the right to: block the Content prohibited by law, vulgar, offensive or otherwise violating the principles of community life. The User placing the Content prohibited by law may bear criminal and civil responsibility in respect of the Company or other people.
- The Company shall not be liable for any lost benefits.
- Any disturbances in functioning of the Site may be complained about by the User by means of a notification sent to the Company.
- A notification of complaints should be send in writing to the Company address or by an e-mail to the following address: email@example.com
- Complaints notifications shall be resolved by the Company within 14 days from the date the complaint is reported.
14. Changes to the Regulations
- The Company, provided that it earlier made the changed Regulations available to the User, reserves the right to change the Regulations for important reasons, in particular such as a change to rules of law, a change to technical conditions for provision of the Service, changes to conditions for services provided by third parties for the Company necessary to provide the Services, a change within the scope of an offer of the services provided.
- In case of any changes to the Regulations, the Company shall immediately notify Users, at least 14 days prior to the date of introduction of changes, informing them via an e-mail and by publication of the consolidated text of the Regulations on the Site indicating the effective date of the changed provisions of the Regulations.
- In case of lack of acceptance of the introduced changes the User may, before the changed provisions of the Regulations take effect, terminate the Contract by removing the Account. If the User does not use the above right, the changed Regulations shall take effect as stated in the above-mentioned notification.
15. Final provisions
- In any cases not regulated by these Regulations provisions of law shall apply valid on the territory of the Republic of Poland, in particular the provisions of the Civil Code, the Act of 18 July 2002 on provision of services by electronic means (Dz.U., No.144, item 1204, as amended), the Act on the protection of certain consumer rights and the liability for damage caused by a hazardous product of 2 March 2000 (Dz.U., No. 22, item 271, as amended) and other applicable provisions of the Polish law.
- In case any provisions of these Regulations turn out to be or become invalid or ineffective, other provisions thereof shall remain in force and bind the Parties. Invalid or ineffective provisions of the Regulations shall be replaced by the parties with new fully effective provisions. In case of lack of agreement, applicable regulations of law shall apply.
- Transfer of any rights resulting from the Contract by the User to any third party requires prior written approval of the Company, otherwise shall be null and void.
- In case of a dispute resulting from execution of the Contract concluded between the Company and the User, the court competent for adjudication of the dispute is a court competent for the seat of the Company. Such proviso is not applicable to Users who are Consumers.