Terms and Conditions

§ 1. General provisions

  1. These Terms and Conditions (hereinafter: the “Terms and Conditions” or „Regulations”) set out the rules and conditions for the use of the myDAPPwallet application (hereinafter: the “App” or “Application”) and the services provided by the Service Provider.
  2. 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“).
  3. The Service Provider is DBRIDGE sp. z o.o. company with its registered office in Warsaw (registered office address: ul. Echa Leśne 21B, 03-286 Warsaw), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court of Warsaw, XIV Commercial Division of the National Court Register under the KRS number: 0000981309, holder of NIP: 5242945385, REGON number: 522538698, with the share capital of PLN 6.000 (six thousands PLN) paid in full (hereinafter: “Service Provider“).
  4. Contact with the Service Provider is possible using:
    • e-mail: contact@dbridge.network;
    • post address: ul. Echa Leśne 21B, 03-286 Warsaw, Poland.
    • telephone: +48601360881.
  5. 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“).
  6. The Service Recipient and the User are obliged to read the Terms and Conditions before using the App.
  7. For the avoidance of doubt, the Service Provider declares that it does not provide payment services.
  8. The Service Provider does not provide services to minors, i.e. under 18 years of age.

§ 2. Definitions

Capitalized words used in the Regulations have the following meaning:

  1. Account – a panel created in the IT system of the Application, enabling the User to use its functionalities;
  2. 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;
  3. Act on the provision of electronic services – a term defined in § 1 section 2 of the Regulations;
  4. Agreement – Agreement for the provision of the Account Service and the Agreement for the provision of the myDAPPwallet Service;
  5. 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;
  6. Agreement for the provision of the myDAPPwallet 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 myDAPPwallet Service for a fee (commission); 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;
  7. myDAPPwallet Service – adigital service within the meaning of the Act on consumer rights, consisting in enabling the Client to use the functionality of the Application consisting in: providing custody wallet services, order to purchase of products and services in the WEB3 ecosystem;
  8. Civil Code – a term defined in § 1 section 6 of the Terms and Conditions;
  9. Consumer – an adult (over 18 years of age) natural person performing a legal transaction with the Service Provider not directly related to its business or professional activity;
  10. Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
  11. Digital Service – Account Service and myDAPPwallet Service;
  12. 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;
  13. 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;
  14. License – term defined in § 9 section 7 of the Regulations;
  15. 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);
  16. Price List – a document or information specifying the current commission of the myDAPPwallet Service;
  17. Privacy Policy – a document containing information on the processing of personal data of Service Recipients by the Service Provider;
  18. 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;
  19. Service Provider – a term defined in § 1 section 3 of the Regulations;
  20. Service Recipient or Client – a client using the Application, being an Entrepreneur, Entrepreneur with Consumer rights or Consumer;
  21. Subject of the Digital Service – Account Service or myDAPPwallet Service;
  22. Terms and Conditions or Regulations – a term defined in § 1 section 1 of the Regulations;
  23. 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.
  24. User Content – all data (including personal data), electronic files, information and materials recorded by the User on the Account.

§ 3. Technical requirements

  1. To properly use the services provided by the Service Provider via the App, all of the following requirements must be satisfied jointly:
  • connection to the Internet;
  • equipment allowing the use of Internet resources;
  • the current version of the 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 and telephone number.
2. 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.
3. 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.

4. 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

  1. 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.
  2. Providing illegal content by the User is prohibited.
  3. 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.
  4. 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.
  5. The following shall be considered a violation of the Regulations:
  • providing illegal content by the User;
  • misuse of the Digital Services;
  • providing false or incomplete data by the Service Recipient or User;
  • a natural person performs an action on behalf of the Client despite the lack of authorization to represent him;
  • attempt of unauthorized interference in the KYC process carried out by the Service Provider.
  1. 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.
  2. 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

  1. 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” tab;
  • in the form that appears, enter the telephone number;
  • 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”.
  1. The User may also sign up for the App through your account for Google, Apple, or Facebook services.
  2. After clicking the “Register” option, a code to activate the Account is sent to the to telephone number 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.
  3. After creating an Account, the User may complete the data stored on it by:
  1. e-mail address;
  2. telephone number
  3. name;
  4. surname;
  5. login;
  6. address;
  7. addresses of owned cryptocurrency wallets;
  8. With the help of the Account, the User may in particular:
  1. store their data and the data of the Client represented by him;
  2. buy products or serivces on WEB3 ecosystem.
  1. 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.
  2. 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.
  3. 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.
  4. The provisions of sections 6-7 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
  5. Notwithstanding the provisions of sections 7-8 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.
  6. 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.
  7. In the event of a breach by the User of the provisions of the Regulations and failure to remove this violation despite receiving the request referred to in § 4 section 9 of the Regulations, 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 statement of termination to the Client by 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 it is necessary to prevent further violations by the User.
  8. 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.
  9. 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.

§6. Agreement for the provision of myDAPPwallet Service

  1. On the basis of the Agreement for the provision of the myDAPPwallet Service, the Service Provider enables the Client to use the following functions of the Application:
  1. order a purchase products and services on WEB3 ecosystem by using credit card;
  2. order a purchase cryptocurrencies or tokens.
  3. To conclude the Agreement for the provision of the myDAPPwallet Service, the Service Recipient should perform the following actions:
  1. enter the Application and go to the registration form;
  2. in the form that appears, enter your coutry code and telephone number and accept Terms and Condition by clicking the checkbox, and click “SIGN UP” button;
  3. it is obligatory to tick the checkbox at the sentence stating “I declare that I have read the Terms and Conditions and Privacy Policy and accept their provisions.” 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);
  4. in the next website after receiveing the SMS code, please enter it and click CONFIRM button;
  5. create the account by inserting i) user name, ii) e-mail address, and iii) password; click CREATE ACCOUNT
  6. check your email and follow instructions how to activate Google Authentication;
  7. make a payment of remuneration for product or service offered by the Service Provider’s partner, at which point the commission indicated by the Service Provider will be charged at the same time;
  8. click on the “Order with obligation to pay” option.
  1. 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 myDAPPwallet Service.
  2. The contract for the provision of the myDAPPwallet Service is concluded for a definite period – for the purpose of making a specific purchase transaction.
  3. The use of the myDAPPwallet Service after the end of the term of the myDAPPwallet Agreement requires the conclusion of another Agreement for the provision of the myDAPPwallet Service.
  4. 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:
  1. name and surname;
  2. telephone number;
  3. company, NIP, invoice address, bank name and bank account number – if the Service Recipient is an Entrepreneur or an Entrepreneur with Consumer rights.
  4. The Service Provider informs, and the Service Recipient acknowledges that maintaining the compliance of the myDAPPwallet Service with the Agreement for the provision of the myDAPPwallet Service does not require to install its update.
  1. If the Client is not granted access to the myDAPPwallet Service immediately after the conclusion of the Agreement for the provision of the myDAPPwallet Service, the Service Recipient calls the Service Provider to immediately grant access to the myDAPPwallet 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 myDAPPwallet Service immediately after receiving the call referred to in the preceding sentence, the Client may withdraw from the Agreement for the provision of the myDAPPwallet Service.
  2. Notwithstanding the provisions of paragraph 8 above, in the absence of granting the Client access to the myDAPPwallet 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 myDAPPwallet Service, if at least one of the cases indicated in Article 43j paragraph 5 of the Act on consumer rights occurs.
  3. The provisions of sections 8-9 above apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
  4. In the event of withdrawal by the Client from the Agreement for the provision of the myDAPPwallet Service pursuant to sections 8-9 above, the Service Provider shall immediately suspend the provision of the myDAPPwallet 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 myDAPPwallet Service.
  5. 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.
  6. If the Service Provider terminates the Agreement for the provision of the myDAPPwallet 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 comission 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 myDAPPwallet Service.
  7. The refund of part of the commission referred to in paragraph 13 above takes place within 14 (fourteen) days from the date of termination of the Agreement for myDAPPwallet Service by the Service Provider.

§7. Comission and payments

  1. In exchange for the performance of the myDAPPwallet service, the Service Provider charges a commission.
  2. All payments due to the Service Provider are made by the Service Recipients using the payment systems made available as part of the Application.
  3. For the provision of Services, the Client is obliged to pay the commission according to the amounts indicated in the Price List. Changes in prices indicated in the Price List and add-ons are announced on the Website and do not constitute changes to these Regulations.
  4. 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.

§8. Reviews

  1. The Service Recipient may send the Service Provider a Review on the services provided by the Service Provider.
  2. Sending the Review may take place in any way, including by e-mail.
  3. Sending the Review does not impose an obligation on the Service Provider to publish it.
  4. It is forbidden to include in the Reviews:
  1. illegal content, including content infringing personal rights or intellectual property rights of third parties;
  2. personal data of persons other than the Client’s data;
  3. advertising, promotional, electoral content as well as containing references to gender, race, ethnic origin, nationality, religion, belief, belief, disability, age or sexual orientation.
  1. Sending a Review is tantamount to making a statement by the Client that he is the sole author of the Review. The Service Recipient bears full responsibility for the content of the Review and the consequences of its publication (including infringements of personal rights and intellectual property rights of third parties).
  2. Sending an Opinion is tantamount to granting the Service Provider by the Client a free-of-charge non-exclusive license to use it (hereinafter: “License”).
  3. The license is granted for an indefinite period (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial restrictions and covers the use of the Review in the following fields of exploitation:
  1. fixation and reproduction in any quantity, by any technique and in any format;
  2. dissemination in any way, by any means of communication, in particular through publication in the Application and in the social media of the Service Provider.
  1. 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.
  2. The license authorizes the Service Provider to grant any selected third parties further licenses to use the Feedback. Further license referred to in the preceding sentence may be granted by the Service Provider for a fee or free of charge.
  3. The Service Recipient undertakes not to exercise the moral rights vested in the Review (including the right to mark the authorship of the Review and the right to supervise the use of the Review) and authorizes the Service Provider to exercise these rights on behalf of the Client.
  4. Notwithstanding the provisions of sections 1-10 above, the Client grants the Service Provider a free, non-exclusive license to use the name and logo of the Client (hereinafter: “Logo“).
  5. The license referred to in section 12 above is granted for an indefinite period (with the possibility of termination for two years in advance, effective at the end of the calendar year) and without territorial restrictions and includes the use of the Logo in the following fields of exploitation:
  1. fixation and reproduction in any quantity, by any technique and in any format;
  2. dissemination in any way, by any means of communication, in particular through publication in the Application and in the social media of the Service Provider.

§9. Right of withdrawal

  1. The provisions of this § 9 apply only to Service Recipients who are Consumers or Entrepreneurs with Consumer rights.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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).
  7. 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

  1. The Service Provider undertakes to provide services with due diligence.
  2. 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:
  1. use by the Clients of any services available as part of the Application contrary to their intended purpose;
  2. providing incorrect or false data by Users, in particular data on the duration of cleaning or repair;
  3. 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.
  4. 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:
  1. force majeure;
  2. necessary conservation and modernization works carried out in the Application;
  3. reasons attributable to the Client;
  4. reasons beyond the Service Provider’s control, in particular actions of third parties, for which the Service Provider is not responsible.
  1. 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.
  2. 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

  1. The provisions of this § 11 shall apply only for:
  1. Service Recipients who are Consumers or Entrepreneurs with Consumer rights
  2. Agreements for the provision of the Account Service, Agreements for the provision of the myDAPPwallet Service, unless a specific provision of the Regulations applies only to one of these Agreements;
  3. Non-compliance of the Account Service with the Agreement for the provision of the Account Service, Non-compliance of the myDAPPwallet Service with the Agreement for the provision of the myDAPPwallet Service.
  4. The Subject of the Digital Service Provided to the Client by the Service Provider must comply with the Agreement for its delivery:
    1. at the time of its delivery – if the Subject of the digital service is delivered once or in parts;
    2. throughout the entire period of delivery of a given Digital Service Subject – if the Digital Subject is delivered continuously.
  5. The Service Provider shall be liable for Non-compliance:
  1. 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;
  2. disclosed during the period of delivery of a given Digital Service Subject – if the Subject of the digital service is delivered continuously.
  1. 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.
  2. The complaint is submitted by e-mail to the address indicated in § 1 section 4 point 1 of the Regulations.
  3. The complaint should include:
  1. name and surname of the Client;
  2. e-mail address;
  3. a description of the Incompatibility revealed;
  4. a request to bring the Subject of the digital service into compliance with the Agreement regarding its delivery.
  1. 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.
  2. 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.
  1. The Service Provider shall respond to the complaint by e-mail within 14 (fourteen) days from the date of its receipt.
  2. 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 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.
  3. In the event of disclosure of Non-conformities, subject to section 14 below, the Client may submit to the Service Provider a statement on price reduction or withdrawal from the Agreement when:
    • bringing the Subject of the Digital Service into conformity with the Agreement for its delivery is impossible or requires excessive costs;
    • 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;
    • 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;
    • 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 Service into compliance with the Agreement regarding its delivery;
    • 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.
  4. 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.
  5. The statement on price reduction or withdrawal from the Agreement should contain:
    • name and surname of the Client;
    • e-mail address;
    • the date of delivery of the Digital Benefit Subject;
    • a description of the Incompatibility revealed;
    • indication of the reason for making the declaration, chosen from among the reasons indicated in paragraph 11 above;
    • statement on price reduction, together with an indication of the reduced price or a statement of withdrawal from the Agreement.
  6. 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.
  7. 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.
  8. The reduced comission must remain in such proportion to the price resulting from the Agreement for the provision of the myDAPPwallet 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).
  9. 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 comission reduction or withdrawal from the Agreement for the provision of the Application Use Service.
  10. 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.
  11. 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.
  12. 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 Service and make it available to third parties.

§12. Intellectual property of the Service Provider

  1. 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.

  1. Any use of the Service Provider’s intellectual property without its prior, express permission is prohibited.

§ 13. Processing of personal data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at this site and https://wallet.mydappwallet.com/legal/privacy.

 

§ 14. Out-of-court dispute resolution

  1. The provisions of this § 14 apply only to Service Recipients who are Consumers.
  2. The Service Recipient has the option of using out-of-court complaint and redress methods.
  3. 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:
  4. poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
  5. Provincial Inspectorates of Trade Inspection;
  6. Office of Competition and Consumer Protection.
  7. The Service Recipient may also use the platform for online dispute resolution (ODR) available at: http://ec.europa.eu/consumers/odr/.

§ 15. Changing the Digital Service

 

  1. Under this § 15:
  1. The Account Service and the myDAPPwallet 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 myDAPPwallet Service are hereinafter jointly referred to as the “Service”, unless a specific provision of the Regulations applies to only one of these agreements.
  3. 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.
  1. Changing the Service may not involve any costs on the part of the Client who is a Consumer or an Entrepreneur with Consumer rights.
  2. 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.
  3. 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:
  1. the nature and timing of the change, and
  2. 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.
  1. 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.
  2. 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.
  3. 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.

§ 16. Amendments to the Terms and Conditions

  1. 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.
  1. Users will be informed about the amendment to the Regulations by publishing its amended version on the website of the ApplicationIndependently, the amended version of the Regulations will be sent to the Clients by e-mail.
  2. 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.
  3. 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.
  4. 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.
  5. Immediately after receiving the statement referred to in paragraph 5 above, the Service Provider deletes the Account.

§ 17. Final provisions

  1. The current version of the Regulations is effective from 22/11/2023.
  2. 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.
  3. In matters not covered by the Regulations, the provisions of generally applicable Polish law shall apply.