These Terms refer to the rights of final users, and are not equivalent to a sales and purchase agreement. By registration in the service, you represent that you have read this document and agree to the terms and conditions laid down herein.
By accepting this document you will be able to install and lawfully use the SeeU application. If these Terms are not accepted, Application will not be activated, and you will not be able to use it.
These Terms have been established by PAPLUS INTERNATIONAL Spółka z ograniczoną odpowiedzialnością with its registered office in Siemianowice Śląskie (address: ul. Powstańców 16, 41-100 Siemianowice Śląskie, POLAND, National Court Rgister (KRS): 0000265038, Tax Identification Number (NIP): 643 17 00 981, Statistical Number (REGON): 240476395), hereinafter referred to as Administrator.
- Administrator—PAPLUS INTERNATIONAL Spółka z ograniczoną odpowiedzialnością with its registered office in Siemianowice Śląskie;
- User—a person who acquires a licence to use Application;
- Application—a mobile application called SeeU which can be operated on mobile devices with access to the Internet, and allows for communication between Users, including improved or modified versions of Application, its updates, add-ons and/or copies (if any), graphic materials licensed by Administrator hereunder;
- Parties—a general term used alternatively to refer to both Administrator and User;
- Producer—PAPLUS INTERNATIONAL Spółka z ograniczoną odpowiedzialnością with its registered office in Siemianowice Śląskie, being the developer of Application;
- Acceptance—the act of approving these Terms by creating a User's account;
- Password—a sequence of alphanumeric characters which is necessary for validation when gaining access to a User's Profile;
- Login—a sequence of alphanumeric characters representing a unique username which is necessary for validation when gaining access to a User's Profile;
- User's Profile—a unique User's account kept by Service Provider under a unique name (Login) which can only be accessed through the mobile Application upon completion of the once-only Registration by User and each time after entering Login and Password. The Profile contains personal data entered by User which can be modified;
- Personal Data—details on User;
- Business Partner—a commercial entity which cooperates with Administrator under a separate Agreement, provides Users with its specific services and benefits relating to the participation of the entity in loyalty schemes, contests, promotions, etc., as well as other benefits relating to the use of SeeU; more information on the Partners currently cooperating with Administrator is available on Application websites;
- Terms—this document defining the rights and duties of the Parties;
- Spam—a message or multimedia material containing advertising and marketing content distributed on a massive scale through e-mail, telecommunication networks and/or Application to the receipt of which the Parties did not give their consent;
- Paid Services—services for which a fee is charged by Administrator;
- Use of Application—use of Application by User for own purposes which is not subject to a licence fee, in and outside the territory of the Republic of Poland.
II. General provisions
- These Terms shall enter into force upon activation of the mobile Application and remain valid for the period in which User uses the functionality provided by Administrator.
- Administrator represents that he/she is the author of Application and has all the rights related thereto, including, without limitation, intellectual property rights protected in accordance with the provisions of law
- Administrator is entitled to grant a licence to use the Application to the extent specific herein.
- The use of Application under these terms shall not infringe the copyright of PAPLUS INTERNATIONAL Spółka z ograniczoną odpowiedzialnością with its registered office in Siemianowice Śląskie.
The licence grants the right to use the SeeU mobile application, which allows for:
- communication between Application users;
- advertising and marketing activities relating to products and services offered by Business Partners.
- Administrator may supply new versions of the mobile Application. Having installed an update, User will not be able to use the previous version of Application. However, in order to benefit from the support provided by Administrator, User shall use the updated version of the mobile Application.
- In order to use Application, User needs to have a device providing the ability to connect to the Internet.
- When using Application, the use of viruses, bots, worms or other computer codes, files or programmes, including, in particular, scripts used to automate functions of the Application, is prohibited.
- User hereby acknowledges that by using software such as Adblock Plus or Flashblock he/she may cause malfunctioning of Application or may disable it completely.
- Application contain data submitted by, and/or derived from applications and/or servers of, third parties. Administrator shall not be held liable for unavailability, inaccuracy or incompatibility of data downloaded by Application with the facts, potential inaccuracy or inconsistency of such data with the reality it reflects, or for suitability of such data for a specific purpose.
IV. Rights and duties of the license
- User shall use Application in accordance with its intended use and functionality.
- The Acceptance of Licence corresponds to the approval of its terms. The use of Application and its related basic functionalities shall be voluntary and free of charge, subject to items 3, 4, 5 below.
- Business Partners who use Application for commercial, advertising and marketing purposes may use it only against payment, under the terms specified in separate rules after entering into a relevant agreement with Administrator.
- The use of Service may involve using a data transmission service provided by third parties and available through a mobile network or through WiFi connection. User shall bear the costs of data transmission through a mobile network at the rates established by the relevant mobile network operator, or, as to the access to the Internet through WiFi connection, at the rates of the Service provider.
- Upon acceptance of this Agreement, Administrator shall grant User non-exclusive, perpetual copyright licence to install and use Application. For registration, duplication by means of any technology, marketing, saving in a computer memory, public performance or public reproduction, exhibition, display, lease, licensing for use, video or audio wire broadcasting or wireless broadcasting through an earth station, or satellite broadcasting, User shall obtain the written consent of Administrator to the activities from the above-mentioned fields of exploitation.
In order to use Application, User shall provide the following true Personal Data:
- sexual orientation.
- Other data such as description may be filled in as an option.
- User shall not provide or enter any Personal Data or image of third parties without the permission or consent of such parties as required by law.
By accepting this Agreement, User declares that:
- User has read this Agreement and accepts all the provisions hereof;
- User has voluntarily decided to use Application;
- Personal Data provided, including any data changed at the time of using Application, is true
- the entries, statements, comments, and other information posted and made available through Application are consistent with law, and they do not breach any right of third parties;
- User gives consent for his/her Personal Data to be processed by Administrator for the purposes of proper provision of the specific Services through Application;
- User gives consent for his/her Personal Data to be processed by Administrator for operating and statistical purposes relating to the use of Application;
- User gives consent for his/her image made public through Application to be used for the purpose of provision by Administrator of Services and functionalities of Application;
- User is aware of liability for publication of Personal Data and images of third parties through Application without their consent;
- User accepts and agrees to use Application in accordance with its intended use;
- User accepts and agrees to the removal of data (information, entries, notes, etc.) which violates the law or good practice;
- not take any action which might hinder or disrupt the functioning of Application;
- respect economic copyright and rights resulting from registration of inventions, patents, trademarks, utility models and industrial designs of Administrator and other entities;
- refrain from any action which violates the privacy of third parties;
- not take any action which is detrimental to Administrator, other users, or entities, including by posting content which is humiliating, derogatory, degrading to third parties, or by using untrue or confidential information;
- refrain from any action which promotes propaganda or symbols of organizations which are considered unconstitutional or illegal in the Republic of Poland;
- refrain from any action aimed at obtaining passwords or identification data from other users in a fraudulent manner, in particular for broadly defined commercial or illegal purposes;
- refrain from any action involving the use of, in particular, viruses, bots, worms or other computer codes, files or programmes which disrupt, damage or restrict the functioning of the Website or hardware or otherwise enable unauthorized use or access to a computer or a computer network.
- User may not grant a sub-licence for, assign or transfer, or make available in any form, Application or any part thereof to third parties without the written consent of Administrator. User shall not make available to other users or third parties the rights to use Application.
- User shall not use Application to provide services to third parties. This reservation does not apply to the Business Partners referred to under Section IV item 3.
- If any breach of this Agreement or errors in the functioning of Application is found, or if Application is used to publish any information or data which violates the law or good practice, User shall promptly notify Administrator.
V. Personal data
- User gives consent for his/her Personal Data to be processed by Administrator in accordance with the terms of the Agreement and the applicable provisions of law.
- Administrator of Personal Data shall be Administrator who processes personal data of Users in accordance with the provisions of law, including in particular the provisions of Personal Data Protection Act of 29 August 1997 (consolidated text: Journal of Laws of 2002, No 101, item 926, as amended) and Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws No 144, item 1204, as amended).
- Administrator shall process Personal Data of Licensee to the extent which is necessary to perform this Agreement, and to provide the Services rendered through Application.
- Administrator may make the provision of its Services and the use of Application by User dependent upon User rendering credible legality of processing Personal Data and the image made available through Application.
- User may view, modify and demand the removal of Personal Data at any time.
- In the event of doubts concerning the accuracy or validity of Personal Data provided by User, Administrator may block User's access to certain Services.
- Administrator may make Personal Data available only to the entities authorized under relevant provisions of law.
- Administrator is not liable for any damage resulting from the use of, or inability to use, Application.
- Administrator does not grant any guarantee, whether explicit or implicit, that the functions contained in Application will meet the requirements of User and that the functioning of Application will be continuous and free from errors. User shall bear all responsibility and risk for the selection of Application for the purpose of achieving the goals set by User, as well as for the related installation, use and results. In particular, the application of the Civil Code provisions governing liability resulting from warranty to this Agreement is excluded.
Administrator shall not be held liable for the following circumstances:
- disruptions in the functioning of Application caused by force majeure, hardware breakdown, disturbance or breaks in the supply of telecommunication services, including in particular Internet / data transmission in a mobile network or unlawful intervention, including where such disruptions would lead to the loss of Personal Data;
- User's temporary inability to use Application or its individual functions as a result of making changes and improvements;
- content of private messages sent by User or other users of Application;
- content transmitted and published by User or other users of Application (where such content does not represent any view or opinion of developers of Application or of Administrator);
- claims reported to Administrator by third parties resulting from the publication through Application of data or information without their consent, including in particular pictures or image of those persons;
- any damage or consequence incurred by User or any other user due to the use of an unprotected device connected to the Internet without any anti-virus protection.
- Administrator shall not be held liable for any problem or error caused by improper operation of Application or by the failure to respect the terms of its exploitation or by using Application for purposes other than the intended purpose.
- User bears full responsibility for the violation or law, damage caused by User's actions when using Application, in particular for providing illegal Personal Data, disclosure of a professional secret or any other confidential information, infringement of moral rights or copyrights or related rights.
- If User breaches these provisions, Administrator shall set a time limit of at least 3‑days for the removal of breaches and their effects. In the case of a failure to meet the set deadline, Administrator may terminate this Agreement unilaterally with immediate effect, subject to Section IX hereof.
- If the Agreement is terminated under the procedure referred to under item 1, User shall stop using Application immediately.
VII. Use of application
- The SeeU application may not be used by individuals under the age of 18 years.
- User shall ensure that his/her personal data is reliable, valid and kept confidential.
- Provision of false personal data at the time of registration in the SeeU application and creating an account for another person without that person's consent is prohibited.
- User's password shall not be made available to another user, User shall not authorize others to access User's account or perform any action which might decrease the level of security of User's account.
- Personal Data provided by User shall be unclassified information which may be made available to the public.
- User may not perform actions which might, in particular, hinder, restrict, destabilize or prevent proper functioning of Application.
- Where User selects a name for User's Profile or a similar identifier for an account or a website which is not related to User's actual Personal Data and a trademark owner lodges a complaint with Administrator concerning the name of User's Profile, Administrator may delete or recover User's Profile if necessary.
- No illegal, derogatory, untrue content, or content which is inconsistent with the law generally applicable in Poland, or content which propagates violence, immoral practices or practices which infringe generally accepted good practices, may be published through Application.
In particular, the following is forbidden:
- publication of content, pictures or links which propagate violence, hate, discrimination;
- publication of data, content, pictures or links which infringe moral rights or violate dignity of others;
- dissemination of spam/unsolicited marketing information;
- pursuit of commercial, advertising, promotional activities, etc., unless individual arrangements with Administration provide otherwise.
- the use of Profiles of other Users or making own Profile available to other Users.
VIII. Limited access to application
- Administrator may deny User access to Application in the case of User's actions or omissions referred to under Section VII item 2, and the actions which are inconsistent with law or good practice.
- Administrator may terminate the Agreement with immediate effect without giving reasons. If the Agreement is terminated, User shall stop using Application and immediately delete it from the mobile in a manner which prevents its reproduction.
- The Agreement may be terminated by Administrator by denying User access to Application or its individual functionalities.
Administrator may undertake the actions referred to in the preceding item for the following reasons:
- User undertakes actions which are detrimental to Administrator, other users or third parties;
- Administrator was notified by third parties, authorities or offices of an illegal action undertaken by User through Application;
- Application is used to transmit to third parties the content which infringes good practices, content which is derogatory, offensive or which otherwise infringes moral rights, incite, propagate or instigate crime or tort, or harassment of others.
IX. Miscellaneous provisions
- These provisions shall be effective upon acceptance by User. Acceptance by User corresponds to the approval of all terms of granting the licence.
- In matters not regulated by this Agreement, the provisions of the Civil Code and the Act on Copyright and Related Rights apply.
- No part of or statement in this Agreement shall not affect User's statutory rights, which may not be excluded or restricted by way of a contract.