Thank you for your interest in the „Nevt" application (hereinafter
referred to as the „Application" or the „Nevt Application"), available
as a dedicated mobile application for Android and iOS devices and via
the Website at nevt.app (hereinafter referred to as the „Nevt
Website").
The Nevt Application is a social platform allowing Users to discover
and create social Events, make contact with other Users sharing
similar interests and build relationships based on common
participation in Events. Core functionalities include: account
registration and authorisation via email address and password (with
email verification), discovering and creating spontaneous events on an
interactive map, communication via event chats and private messages, a
Wave system allowing Users to express interest in contact, creating
and joining Communities that gather Users around shared interests
together with a discussion wall and Community Events, and mutual
rating of Users after events.
The core functionalities of the Application are free of charge for
Users. A paid premium version (Premium Subscription) is also available
with additional features, including the ability to create Events
visible only to other Premium users, increased daily Wave limits, and
access to other extended tools and features. The Nevt Website serves
exclusively an informational role.
Please carefully read these Terms of Service, which set out the rules
for using the Nevt Application and the Nevt Website, including the
terms of providing services by electronic means, liability for
published content, terms of the Premium Subscription and the rules of
granting the license. Matters of personal data processing are governed
by a separate Privacy Policy.
The Nevt Application and the Nevt Website are protected by copyright
law, industrial property law and other applicable regulations. They
may only be used under the terms set out in these Terms of Service.
Enjoy reading!
The Nevt Team
1. General provisions
-
The owner of the Nevt Application is Jakub Plata, conducting
business under the name JAKUB PLATA SOFTWARE, entered in the
Central Register and Information on Economic Activity of the
Republic of Poland kept by the minister competent for economic
affairs, having: place of business and address for correspondence:
ul. Seweryna Goszczyńskiego 3/5, 30-724 Kraków, Poland, tax ID (NIP)
7343558314, statistical number (REGON) 380061783, email address:
jakub.plata@nevt.app, contact telephone number: +48 511 734 292
(hereinafter: the „Service Provider").
-
The Service Provider makes the Nevt Application available (in its
mobile version) and the Nevt Website (in its browser version,
serving an exclusively informational function) and is responsible
solely for the proper operation of Electronic Services and other
functionalities in accordance with the information set out in these
Terms. Alongside the Service Provider there are also Users –
independent third parties in relation to the Service Provider. Users
may use the Electronic Services and other functionalities provided
via the Nevt Application on the conditions specified in these Terms.
-
The Terms are addressed to all persons using the Nevt Application
and the Nevt Website, unless a specific provision states otherwise.
The provisions of these Terms are not intended to exclude or limit
any consumer rights granted to them by mandatory provisions of law.
In the event of any inconsistency between these Terms and such
provisions, those provisions shall prevail.
-
Terms used in these Terms of Service and beginning with a capital
letter have the following meanings:
-
DIGITAL SERVICES ACT – Regulation (EU)
2022/2065 of the European Parliament and of the Council of 19
October 2022 on a Single Market For Digital Services and
amending Directive 2000/31/EC (Digital Services Act) (OJ L 277,
27.10.2022, p. 1–102).
-
NEVT APPLICATION, APPLICATION – mobile software
together with elements that are not computer programs within the
meaning of Copyright Law but form an integral part of it,
enabling the User to use the software on a mobile device running
Android or iOS and meeting the requirements set out in these
Terms.
-
NEVT WEBSITE, WEBSITE – website available at
nevt.app performing only an informational function about the
Nevt Application, without enabling use of the Application's
social functionalities.
-
PRICE LIST – information on the prices of the
Premium Subscription available in the Nevt Application and in
the relevant app stores (Google Play, App Store) before
purchase.
-
CIVIL CODE – the Act on the Civil Code of 23
April 1964 (Journal of Laws No. 16, item 93, as amended).
-
USER ACCOUNT, ACCOUNT – Electronic Service, an
individual set of resources in the Nevt Application's ICT
system, linked to the User's email address and activated upon
verification of the email, in which data provided by the User
and data generated from use of the Application are collected.
-
ILLEGAL CONTENT – information that, in itself
or by reference to an activity, including the provision of
services (including Electronic Services), is not in compliance
with Union law or with the law of any Member State that is in
compliance with Union law, irrespective of the precise subject
matter or nature of that law.
-
ORGANISER – a User who creates an Event in the
Application.
-
COPYRIGHT LAW – the Act of 4 February 1994 on
copyright and related rights (Journal of Laws No. 24, item 83,
as amended).
-
TERMS – these Terms of Service of the Nevt
Application and the Nevt Website together with annexes forming
an integral part hereof.
-
PREMIUM SUBSCRIPTION – paid digital service
provided by the Service Provider to the User, unlocking
extended functionalities of the Nevt Application, purchased for
a fixed period via Google Play or App Store.
-
PARTICIPANT – a User who joins an Event.
-
ELECTRONIC SERVICE – service provided by
electronic means by the Service Provider to Users via the Nevt
Application in accordance with these Terms.
-
SERVICE PROVIDER – Jakub Plata conducting
business under the name JAKUB PLATA SOFTWARE, entered in the
Central Register and Information on Economic Activity of the
Republic of Poland, ul. Seweryna Goszczyńskiego 3/5, 30-724
Kraków, Poland, tax ID (NIP) 7343558314, REGON 380061783, email
address: jakub.plata@nevt.app, contact telephone number: +48 511
734 292.
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CONSUMER RIGHTS ACT – the Act of 30 May 2014 on
consumer rights (Journal of Laws 2014, item 827, as amended).
-
USER – a natural person who is 18 years of age
or older, using the Application, including its functionalities
and electronic services, whether or not they hold an Account.
-
EVENT – a spontaneous social gathering created
by an Organiser via the Application, visible to other Users on
an interactive map, together with details specified by the
Organiser, including location, time, description and any
participation restrictions.
-
WAVE SYSTEM – Application functionality
allowing Users to express interest in making contact with
another User; the mutual exchange of Waves between two Users
(Mutual Wave) unlocks the ability to exchange private messages.
-
COMMUNITY – a themed group of Users gathered
around shared interests or activities, created by a User holding
an active Premium Subscription (the Community Creator), with
the ability for further Users to join, share content on the
Community wall and participate in Community Events. A Community
may operate in one of three join modes: open (anyone may join),
approval-based (joining requires Creator or moderator approval)
or invite-only.
-
COMMUNITY CREATOR – a User holding an active
Premium Subscription who created a given Community and manages
its settings, membership and moderation.
-
COMMUNITY MODERATOR – a User appointed by the
Community Creator to assist in managing the Community,
including moderating wall messages, accepting join requests and
removing members. A Community may have up to 2 moderators.
-
COMMUNITY EVENT – an Event created within a
Community and visible only to its members.
2. Purpose of the Nevt app, legal disclaimers
-
The purpose of the Nevt Application is to allow Users to discover
and create spontaneous social Events, make contact with other Users
sharing similar interests, and build social relationships based on
common participation in Events. The Application is intended to
build local community through activity on the map, the Wave system
and mutual rating of Users. To achieve this purpose the Application
has been equipped with functionalities including in particular:
registration and authorisation of an Account via email and
password, discovering and creating Events on an interactive map,
Event chats, the Wave System, private messaging between Users with
a Mutual Wave, creating and joining Communities together with use
of the discussion wall and Community Events, mutual rating of
Users after Events, and – in the case of a Premium Subscription –
the use of extended features.
-
The Service Provider of the Nevt Application provides only a
technical tool and is not obliged to verify the purpose for which
Users actually use the Application. The Service Provider takes due
care to make the Application clear and transparent to Users but
cannot guarantee that every User will be able to use the
Application independently or that it will be suitable for the
purposes expected by the User. To the fullest extent permitted by
applicable law, it is assumed that the Service Provider provides
the Application, including all its functionalities and resources,
in the form in which it is delivered („as is") and makes no implied
or express warranties as to its quality or suitability for
particular purposes.
-
The Service Provider does not guarantee the safety of in-person
gatherings organised as part of Events. The Application is solely a
technical tool enabling contact and organisation of gatherings.
Any decisions regarding participation in Events, including
in-person meetings with other Users, are made by Users at their
own risk. The Service Provider does not verify the identity or
background of Users.
-
Nothing in these Terms is intended to exclude or limit the Service
Provider's liability to the extent that such liability cannot be
excluded or limited under mandatory provisions of law, in
particular in relation to Users who are consumers.
3. General terms of use of the app
-
The User is obliged to use the Nevt Application in accordance with
its subject matter, purpose and these Terms, in a manner consistent
with law and good practice, having regard for the personal rights,
copyrights and intellectual property of the Service Provider, other
Users and third parties. The User is obliged to enter data
consistent with the actual state. The User is also prohibited from
taking actions aimed at or resulting in the disruption of the
proper functioning of the Application.
-
Only persons who are 18 years of age or older may use the Nevt
Application. By registering an Account the User declares and
warrants that they meet this age requirement. The Service Provider
reserves the right to request age verification and to close any
Account that does not meet this criterion.
-
The Service Provider complies with Article 14(1) of the Act of 18
July 2002 on providing services by electronic means (Journal of
Laws of 2002 No. 144, item 1204, as amended), according to which
it is not liable for User data stored in the Application if it is
unaware of the unlawful nature of such data or related activity,
and upon receipt of an official notice or credible information
about the unlawful nature of the data or related activity, shall
immediately prevent access to such data.
-
Use of the Nevt Application involves standard risks associated with
the Internet. The basic risk to every Internet user, including
users of Electronic Services, is the possibility of „infection" of
the ICT system with various types of software created mainly to
cause harm or to gain unauthorised access to User data. To avoid
such risks, the Service Provider recommends that the User keep
their operating system, antivirus software and other security
measures of their device up to date. A specific risk related to
the nature of the Nevt Application is the sharing of User location
data for the functionality of discovering nearby Events. The
User's location may be visible to other Users in the „Nearby"
mode. The Application enables optional masking of the location by
randomly shifting the coordinates by up to 500 meters; however,
the User should still be aware that Event locations are visible to
other Users browsing the Application. Location is processed solely
with the User's consent and in the scope described in the Privacy
Policy.
-
Use of the Nevt Application involves the introduction of analytical
tools into the User's ICT system. The Service Provider uses the
Firebase Analytics service (an analytical tool provided by Google
LLC) to collect anonymised statistical data on the use of the
Application, including the number of Events created and completed
and User activity. Detailed information on the scope and manner of
processing personal data through the aforementioned analytical
services, including transfers to third countries, is set out in the
Privacy Policy, which forms a separate document.
-
The data controller for personal data processed in the Nevt
Application in connection with these Terms is the Service Provider.
Personal data is processed for the purposes, periods and based on
the grounds and principles set out in the privacy policy, which
forms a separate document. Use of the Application, including making
purchases in it, is voluntary. Similarly, the provision of personal
data by the User using the Application is voluntary, subject to the
exceptions set out in the privacy policy.
4. Detailed terms of use of the app and website
-
The Nevt Application is available for download on Google Play and
App Store as a mobile app for Android and iOS devices. Information
about the Application is also available through the Nevt Website
at nevt.app. The Website does not serve for using the Application's
social functionalities; it performs only an informational role.
-
The minimum technical requirements for using the mobile Application
are: (1) a smartphone, tablet or other mobile device with an active
Internet connection (iPhone or an Android phone); (2) iOS 16.0 or
newer, or Android 8.0 (Oreo) or newer; (3) an active email address
enabling receipt of emails for the purpose of verifying the account,
or an active Google Play (Android) or App Store (iOS) account; (4)
enabled location services (GPS) for full access to the map; (5)
access to the camera and photo library for uploading profile and
Event photos; (6) approximately 100 MB of free storage.
-
The minimum technical requirements for using the Nevt Website are:
(1) a computer, laptop or other device with Internet access; (2) an
up-to-date version of a web browser (e.g. Mozilla Firefox, Google
Chrome, Safari, Opera, Microsoft Edge); (3) enabled cookies and
JavaScript support.
-
Data transmission costs associated with downloading, installing and
using the Nevt Application and the Nevt Website are borne by the
User in accordance with the agreement with their telecom operator
or Internet service provider.
-
Use of the core functionalities of the Nevt Application by Users
is free of charge. Selected functionalities are available under a
paid Premium Subscription. The scope of premium functionalities,
subscription period and payment terms are specified in the
Application or the Price List.
-
The User should be aware that content published in the Application,
including Event descriptions, ratings and messages, constitutes
subjective content from Users and may not reflect the complete
picture of a given person or situation. Decisions made on the
basis of content available in the Application, including decisions
regarding participation in Events, are made at the User's own
risk.
-
Content published in the Application, including Event descriptions,
comes from Users and they bear full responsibility for its
legality, accuracy and non-infringement of third-party rights.
-
The Service Provider may monitor the use of the Application to the
extent necessary to ensure system security, prevent abuse, protect
the rights of other Users and ensure the proper functioning of the
Premium Subscription.
-
To ensure stability and security of the Application, the Service
Provider may introduce technical restrictions on the number of
Events created, Waves sent, messages or other operations performed
within a given period from a single account. These restrictions
may be differentiated depending on the type of account (basic
account or account with an active Premium Subscription).
-
The User may at any time cease using the Application by
uninstalling it from their mobile device. Uninstalling the
Application is not the same as deleting the User's Account or
terminating the Premium Subscription agreement. Account deletion
follows the procedure set out later in these Terms.
5. App functionalities
-
Full use of the Nevt Application requires creating and activating a
User Account by registering with an email address and password and
verifying the email. A User without an Account cannot create or
join Events, use the Wave System, send messages or use other social
functionalities of the Application.
-
The Nevt Application is free of charge for Users in respect of its
core functionalities. After creating an Account the User may use
these functionalities without time limits, subject to any technical
limits set out in these Terms. Users may activate the paid Premium
Subscription, the scope, duration and payment terms of which are
set out in the Application or the Price List.
-
After creating an Account the User may in particular use the
following free functionalities of the Nevt Application:
-
Creation of a profile linked to an email address and management
of privacy and visibility settings.
-
Discovering nearby Events on an interactive map, with filters
by category, number of participants and start time.
-
Creating social Events with specification of location, time,
description and any participation restrictions (e.g. age range,
participant gender).
-
Joining Events created by other Users, subject to acceptance by
the Organiser.
-
Using Event chat, including the internal chat for confirmed
Participants and the external chat (Questions) available to all
Users.
-
Sending Waves to other Users to express interest in contact,
subject to daily Wave limits.
-
Exchanging private messages with Users with whom a Mutual Wave
exists.
-
Rating other Users (a system of likes/dislikes with optional
comments) after sharing an Event.
-
Reporting Users, Events, chat messages and ratings using
built-in reporting tools.
-
Receiving system notifications and messages related to
activity in the Application.
-
Joining existing Communities – depending on the Community's
join mode: directly (open mode), by submitting a request to
join (approval mode) or upon receiving an invitation
(invite-only mode). A User without an active Premium
Subscription may be a member of at most 3 (three) Communities
at the same time.
-
Viewing the list of Community members, reading and posting
messages on the Community wall (subject to the rate limits set
out in point 5.6) and browsing Community Events of which the
User is a member.
-
Browsing basic information about Communities (name,
description, tags, location, number of members, join mode) and
searching for Communities in the immediate vicinity on the
map.
-
„Nearby" mode (discovering other Users). The Nevt
Application offers an additional „Nearby" mode that allows Users to
discover other Users within a specified area on the map. Within
this mode:
-
basic filters available to all Users cover in particular the
geographic range, enabling display of Users located in a given
area;
-
advanced filters available only to Users holding an active
Premium Subscription cover: (i) a gender visibility filter
(showing only men or only women) – which works bilaterally,
i.e. the User sees only people of a given gender and is visible
only to people of that gender; (ii) an age range filter – also
bilateral; (iii) a filter limiting visibility only to other
Users holding an active Premium Subscription – also bilateral;
-
in the „Nearby" mode only Users who are within a given area on
the map and match the selected filters are displayed.
-
Functionalities available under the Premium Subscription.
The Premium Subscription unlocks in particular the following
additional functionalities:
-
Creating Events visible only to Premium users
– a User with an active Premium Subscription may create Events
visible only to other Premium users. Such Events remain visible
on the map also to users without a Premium Subscription but
with a limited scope – only the Info tab is visible containing
basic information about where and when the Event will take
place; users without a Premium Subscription do not see the
Organiser's detailed information or the list of participants,
cannot join the Event and cannot view chats.
-
Extended Event creation options – Premium users
can create more advanced Events, including: specifying the
gender of participants allowed to join; defining an accepted
age range for participants; creating an Event available only to
Premium users (in accordance with letter a above); specifying
whether the Questions tab is to be visible for the Event.
-
Advanced filters in „Nearby" mode – in
accordance with point 5.4 above, including gender, age range
and Premium-only visibility filters.
-
Increased daily Wave limits.
-
No daily Event creation limit – a User without
a Premium Subscription may create a maximum of 10 (ten) Events
within any 24-hour period. This restriction is intended to
protect against abuse, including attempts to overload the
system by mass Event creation. A User with an active Premium
Subscription is not subject to this limit.
-
Creating Communities – a User with an active
Premium Subscription may create and manage their own
Communities as a Community Creator. A single Premium User may
create a maximum of 5 (five) Communities. Creating Communities
is not available to Users without an active Premium
Subscription.
-
Creating Community Events – a Premium User who
is a member of a Community may create Events linked to that
Community, visible only to its members.
-
Searching for Communities by city – advanced
search for Communities with a city filter, not available to
accounts without a Premium Subscription.
-
Removal of the 3-Community cap – a User with
an active Premium Subscription may be a member of any number of
Communities (the 3-Community limit applies only to accounts
without a Premium Subscription).
-
Reduced rate limit for Community wall messages
– a Premium User may post on the Community wall every 1 minute
instead of the standard 5-minute limit applicable to accounts
without a Premium Subscription (subject to point 5.6).
-
Access to other tools and extended features introduced by the
Service Provider over the course of the Application's
development.
-
Automatic anti-spam and anti-abuse safeguards. To
protect Users from abuse, including spam attacks, the Service
Provider deploys automatic mechanisms for detecting suspicious
activity. If the system detects suspicious patterns of message
sending (e.g. sending messages at a frequency clearly exceeding
normal human capacity), the relevant User may be automatically
subject to a 24-hour block on using chat. The block is preventive
in nature and serves to protect other Users; it expires
automatically 24 hours after being imposed. Additionally, to
counter spam on Community walls, posting messages on a Community
wall is subject to rate limits: at least 5 minutes between
consecutive messages for Users without a Premium Subscription, and
at least 1 minute for Premium Users. The Community Creator and
moderators are exempt from this limit.
-
A detailed description of the current functionalities of the
Application and services provided by electronic means is available
in these Terms and in messages displayed while using the
Application. The Service Provider reserves the right to develop,
modify or expand functionalities, while preserving the rights
acquired by Users and in accordance with applicable law.
6. Use of the user account
-
The User Account Electronic Service in the Nevt Application is
provided free of charge for an indefinite period. The Account may
be linked to a paid Premium Subscription in accordance with the
provisions of point 7 of these Terms.
-
The User Account is created by: (1) providing an email address and
creating a password in the registration form available in the
Application, and (2) confirming the registration by clicking the
verification link sent to the given email address. Upon successful
verification of the email address, an agreement for the provision
of the Account Electronic Service is concluded between the User
and the Service Provider.
-
Registration and login to the Application are carried out using an
email address and a password. The Application also allows login
via Google Account (Google Sign-In) and Apple ID (Sign in with
Apple). The use of external identity providers is subject to the
terms and privacy policies of those providers.
-
The User is obliged to provide data consistent with the actual
state and to update it in case of changes. The User is liable for
the consequences of providing false or outdated data.
-
The User may have only one active Account. Creating multiple
Accounts to circumvent technical or organisational restrictions of
the Application, including to circumvent a block imposed by the
Service Provider, is prohibited.
-
The User is obliged to keep the data allowing access to the
Account, including the password, confidential. It is prohibited to
share the Account with third parties, in particular by means of
paid or unpaid transfer, lending or co-using of the Account.
-
Uninstalling the Application from a mobile device does not result
in deletion of the Account. To delete the Account, the User may
at any time use the Account deletion functionality available in
the Application settings or send a relevant request to the Service
Provider by electronic means to the address indicated in these
Terms. Deletion of the Account results in loss of access to all
functionalities and content assigned to the Account, subject to
obligations arising from law and the Privacy Policy. Due to
obligations related to handling reports and protecting Users,
certain data related to reports of violations (including copies of
reported content) may be retained by the Service Provider even
after the Account is deleted, to the extent necessary to fulfil
legal obligations and as described in the Privacy Policy.
-
The Service Provider has the right to suspend and, in the event of
serious or repeated violations, to delete the User Account, in
particular when:
- the User violates the provisions of these Terms;
-
publishes content that is unlawful, vulgar, offensive, infringes
personal rights, copyrights or other third-party rights;
-
publishes content promoting illegal activity, drug use or other
prohibited substances;
-
harasses, intimidates, threatens or applies other forms of
violence towards other Users;
-
takes actions threatening the security of the Application's
ICT system or other Users;
-
uses automated systems, bots or scrapers to access the
Application;
-
creates a new account to circumvent a block or Account
restrictions;
-
uses the Application in a manner inconsistent with its social
and gathering character;
-
is in arrears with due payments for the Premium Subscription.
-
Suspension of the Account consists in temporarily blocking the
ability to log in and use the Application's functionalities.
Suspension may take place for a definite or indefinite period, or
until the cause of the violation is removed.
-
Where possible, the Service Provider shall call on the User to
cease the violations before suspending the Account. In cases of
flagrant or repeated violations, the Account may be suspended
without prior notice.
-
The User will be informed about the suspension or deletion of the
Account by email or an in-App message, together with the reason
for the decision.
-
If the reasons for suspension persist for at least 30 days, the
Service Provider may terminate the agreement for the provision of
the Account Electronic Service with a 7-day notice period.
-
Deletion of the Account does not exclude the possibility of
further processing of data to the extent and for the period
required by law or indicated in the Privacy Policy.
-
After the Account is deleted, the User may register again, unless
the Account was deleted due to reasons attributable to the User,
or the User's email address or device identifiers have been placed
on the blocklist – in which case repeat registration is not
permitted.
7. Payment terms in the app and website
-
Detailed information about the Premium Subscription, including its
scope, duration and prices, is available in the Nevt Application
and in the relevant app stores (Google Play, App Store) before
purchase.
-
The purchase of a Premium Subscription is made exclusively through
Google Play (for Android devices) or App Store (for iOS devices).
Payments are processed by the operators of those stores. The
Service Provider does not process User payment card data.
-
The Premium Subscription renews automatically for the next billing
period unless the User cancels the subscription before the end of
the current billing period. Cancellation is made via the
subscription management settings in App Store or Play Store on the
User's device.
-
The Service Provider may offer free trial periods of the Premium
Subscription. The duration of the trial period and the
qualification conditions are displayed in the Application before
activation. If the subscription is not cancelled before the end of
the trial period, it will automatically convert into a paid
subscription at the displayed price.
-
Subscription prices are given in the currency displayed in the app
store and include applicable taxes. The total price is presented
to the User before payment.
-
The Premium Subscription is activated immediately upon receipt of
confirmation of a successful payment from the app store operator.
-
Refunds for the Premium Subscription are handled in accordance with
the rules of the relevant app store (Apple App Store or Google
Play Store). The Service Provider does not issue refunds
directly.
8. Nevt Website
-
The Nevt Website is available at nevt.app and performs solely an
informational role. It is not a browser version of the Nevt
Application designed for use of the social functionalities by
Users and does not allow creating or browsing Events, sending
messages or using other interactive features of the Application.
-
The Nevt Website is intended primarily to present the idea and
operating principles of the Nevt Application, to explain its
functionalities, to describe the mechanism for discovering Events
and making contact, and to provide information on the terms of
the Premium Subscription.
-
Access to the informational content of the Nevt Website does not
require registration or login and is available to all visitors of
the website at nevt.app.
-
All functionalities related to creating, managing and browsing
Events, using the Wave System, exchanging messages and rating
Users are available only in the mobile Nevt Application.
-
The minimum technical requirements for using the Nevt Website are:
a device with Internet access and an up-to-date web browser with
cookies and JavaScript enabled. Data transmission costs are borne
by the User in accordance with the agreement with their telecom
operator or Internet service provider.
-
The Service Provider reserves the right to modify the scope of
functionalities of the Nevt Website, while preserving the rights
acquired by Users and in accordance with applicable law.
9. Rules for publishing content and user ratings
-
The Nevt Application allows Users with an active Account to add
content, including Event descriptions, Community descriptions,
chat messages, messages on Community walls, ratings of other
Users, photos uploaded to Events ("Event Photos") and photos
uploaded to Communities as Memories ("Community Memories"), on
the terms set out in these Terms.
-
A User adding content or ratings is obliged to act in accordance
with law, these Terms and the principles of social conduct. In
particular, it is not permitted to post content:
-
infringing personal rights, intellectual property rights or
other rights of third parties;
- unlawful, vulgar, offensive or containing hate speech;
-
promoting illegal activity, drug use or other prohibited
substances;
- containing nudity or sexually explicit content;
-
constituting spam, advertisements or unsolicited commercial
messages;
- containing false or misleading information.
-
User ratings (a system of likes/dislikes with optional comments)
may be given only after shared participation in an Event. The User
is obliged to give reliable and fair ratings based on actual
interactions and not to abuse the rating system to harass or
unfairly attack other Users.
-
Event Photos and Community Memories are subject to all the rules
set out above and additionally:
-
the User uploading a photo warrants that they have the right
to upload it and that doing so does not infringe the rights
of any person depicted in the photo, including the right to
privacy and the right to one's own image. The User is solely
responsible for obtaining any consent required from persons
identifiable in the photo before upload;
-
before storage, the Service Provider strips technical
metadata embedded in the file (in particular EXIF data,
including any GPS location of capture and device
information). The visible image content is preserved as
uploaded;
-
an uploaded photo may be deleted by: (i) the User who
uploaded it, (ii) the organizer of the Event to which it was
uploaded, or (iii) any moderator of the Community to which
it was uploaded. Following deletion, the underlying file is
permanently removed from the Application's storage shortly
afterwards;
-
any person who is identifiable in an Event Photo or a
Community Memory and who has not consented to its
publication may request its removal using the in-app
reporting tools or by contacting the Service Provider in
accordance with these Terms. Such requests are handled in
line with the procedure set out in this section.
-
The Service Provider guarantees that all published content and
ratings come from real, verified Users holding an active Account
in the Application. At the same time, the Service Provider does
not verify the truthfulness of individual ratings or descriptions.
-
The Service Provider does not post, commission the posting of or
remunerate for the addition of false or fake ratings. Any
artificial shaping of rating content or their selection for the
purpose of misleading is prohibited.
-
The Service Provider reserves the right not to publish, remove or
hide content violating the law or these Terms, as well as
temporarily or permanently restrict the ability to add content by
a User who repeatedly violates the rules.
-
Any person may raise objections to the compliance of content with
law or these Terms using the built-in reporting tools available in
the Application or by contacting the Service Provider. Reports are
handled within 14 days in a manner analogous to the complaint
procedure set out in these Terms. Due to the obligation to ensure
accountability and the ability to verify the validity of a report,
the Service Provider retains records of reports and copies of
reported content even after the Account of the reporting User or
the reported User has been deleted, to the extent and for the
period necessary to fulfil legal obligations, as described in
detail in the Privacy Policy.
-
Information on the rules for publishing content and the
verification methods applied (in particular confirming the
existence of an active Account of the content author) is
continuously available in these Terms.
The primary form of ongoing remote communication with the Service
Provider is email (email address: jakub.plata@nevt.app), through
which information related to the use of the Nevt Application can be
exchanged with the Service Provider. Users may also contact the
Service Provider in other ways permitted by law, using the contact
details set out at the beginning of these Terms.
11. Complaint handling procedure
-
This point 11 of the Terms sets out the complaint handling
procedure common to all complaints submitted to the Service
Provider, in particular complaints relating to Electronic Services
and other complaints relating to the operation of the Service
Provider or the Nevt Application.
-
Below is additional information on the Service Provider's
liability provided for by law:
-
The basis and scope of the Service Provider's liability towards
the User for the operation of the Application and its Electronic
Services are determined by generally applicable provisions of
Polish law, in particular the Civil Code, taking into account the
contractual limitations of the Service Provider's liability
arising from these Terms.
-
In the case of digital content or digital services purchased by a
User who is a consumer or a natural person referred to in Article
385[5] of the Civil Code, the provisions of the Consumer Rights
Act as in force from 1 January 2023 apply, in particular Articles
43h – 43q of the Consumer Rights Act.
-
Complaints related to the operation of the Application, including
its Electronic Services, may be submitted by email to:
jakub.plata@nevt.app with the subject „Complaint".
-
The Service Provider recommends that the complaint description
include: (1) information and circumstances concerning the subject
matter of the complaint, in particular the type and date of
occurrence of the issue; (2) the expectations of the person
submitting the complaint; and (3) contact details of the
complainant – this will facilitate and speed up the handling of
the complaint by the Service Provider. The requirements given in
the preceding sentence are recommendations only and do not affect
the validity of complaints submitted without the recommended
description.
-
If the contact details of the complainant change during the
handling of the complaint, the complainant is obliged to notify
the Service Provider of this.
-
The complainant may attach evidence (e.g. screenshots or
documents) related to the subject matter of the complaint. The
Service Provider may also request additional information or
evidence from the complainant if this will facilitate and speed
up the handling of the complaint.
-
The Service Provider will respond to the complaint without undue
delay, no later than within 14 calendar days from the date of
receipt.
12. Restriction, suspension or termination of electronic services by
the Service Provider
-
The User may stop using the Nevt Application and individual
Electronic Services at any time and without giving a reason, on
the terms set out in these Terms, in particular by uninstalling
the Application or deleting the Account.
-
In cases of reasonable suspicion that the User's content or
activity in the Nevt Application violates these Terms, the Service
Provider is entitled to take appropriate steps in accordance with
the provisions below.
-
The Service Provider first takes steps to clarify any doubts
concerning the compliance with these Terms of published content
or User activity directly with the User concerned. For this
purpose, the Service Provider may contact the User via email or an
in-App message. Reasonable suspicion of violation of the Terms by
the User further authorises the Service Provider to immediately
take one or more of the actions listed below, along with the
reason for them:
-
sending the User a warning or a demand to take specified actions
aimed at bringing their content or activity into compliance
with these Terms;
-
removing or hiding content introduced by the User, including
Events, ratings or messages, to the extent that they violate
these Terms;
-
imposing a chat ban (temporary restriction on the ability to
send messages);
- cancelling Events created in violation of these Terms;
-
removing the User from a Community or imposing a block on
joining a Community in cases of violation of the rules of that
Community or of these Terms; the decision in this regard is
taken by the Community Creator or a moderator, observing the
principle of proportionality;
-
dissolving (deleting) a Community by the Service Provider in
case of serious or repeated violations of these Terms by the
Community Creator or moderators; all members of the Community
are informed of its dissolution.
-
The Service Provider takes the above actions in a reasonable,
necessary and proportionate manner to the nature, scale and
recurrence of the violations committed. When deciding to apply
specific measures against a User, the Service Provider is guided
in particular by the need to ensure the safety of other Users and
the proper operation of the Nevt Application.
-
Notwithstanding the above, upon receipt of credible information
that the User's content stored in the Nevt Application or related
activity is unlawful, the Service Provider, acting pursuant to
Article 14(1) of the Act of 18 July 2002 on providing services by
electronic means, shall immediately prevent access to such
content.
-
In addition to the above provisions, the Service Provider reserves
the right to restrict, suspend and, as a last resort, terminate
the provision of all Electronic Services to a given User. The
Service Provider takes such actions only when and to the extent
that they are necessary, with the following conditions:
-
Grounds for restricting, suspending or terminating Electronic
Services may include in particular: (i) the User providing
false or outdated data; (ii) publishing content violating the
law, good practice, principles of social conduct or
third-party rights; (iii) harassing, intimidating or using
violence against other Users; (iv) taking actions threatening
the security of the Nevt Application's ICT system or other
Users; (v) using automated systems, bots or scrapers; (vi)
creating new accounts to circumvent a block; (vii) actions
threatening the Service Provider's reputation; (viii) a legal
or regulatory obligation requiring the Service Provider to
terminate the provision of Electronic Services; (ix) repeated
violations of the Terms by the User.
-
Restriction of Electronic Services consists in preventing
access to selected functionalities of the Nevt Application,
e.g. creating Events, sending messages or using the Wave
System.
-
Suspension of Electronic Services consists in temporarily
blocking access to the Account and all functionalities.
-
Restriction or suspension may be for a definite or indefinite
period – until the cause is removed. The User is obliged to
remove the cause and notify the Service Provider. The Service
Provider lifts the restriction or suspension without undue
delay once the cause has ceased.
-
The Service Provider takes decisions in a reasonable,
necessary and proportionate manner. Where possible, it calls
on the User to cease violations. It first applies a
restriction, then suspension, and termination only as a last
resort.
-
The Service Provider informs the User of restriction or
suspension before or at the time the decision takes effect,
with a justification, by electronic means.
-
The Service Provider informs of the termination of
Electronic Services at least 30 days in advance, except in
cases of legal obligations, overriding reasons or repeated
violations.
-
The justification includes reference to the facts and grounds
of the decision, with exceptions in cases of legal obligations
or repeated violations.
-
The User has the right to clarify the matter under the
complaint procedure. If the decision is revoked, the Service
Provider restores access and data.
-
Termination of Electronic Services does not affect the retention
of data for a period necessary for other purposes consistent with
the Privacy Policy.
13. Search and visibility mechanisms of Events (ranking)
-
The Service Provider uses mechanisms in the Nevt Application for
searching and ranking Events and Users, which affect their
visibility in search results and on the map.
-
The main parameters determining search and visibility include:
-
geographic distance from the User's location (the basis for
discovering Events on the map);
-
the Event start time (Events closer in time are displayed as
more current);
-
the User's filter settings (category, number of participants,
age or gender restrictions);
-
holding an active Premium Subscription, allowing the creation
of Events visible only to other Premium users;
-
Community membership – Community Events are visible only to
members of that Community, and the Community wall and list of
members are accessible only to Community members;
-
privacy settings and participation restrictions set by the
Organiser.
-
The parameters specified in point 13.2 are intended to help Users
find relevant Events near their location and increase the chances
of making social connections in line with their preferences.
-
Users holding a Premium Subscription may create Events visible
only to other Premium users. Activation of the Premium
Subscription is clearly marked in the Application. Detailed
information on the impact of the Premium Subscription on
visibility is available in the Price List.
14. Data access in the Nevt app and Nevt website
-
The categories of data available in the Nevt Application and the
Nevt Website include: data voluntarily shared by Users (e.g.
email addresses, profile data, Event descriptions), data generated
from the use of functionalities (e.g. ratings, activity
statistics) and data publicly available on the Nevt Website.
-
The scope of access depends on the type of Account and the
functionality:
-
User without an Account: on the Nevt Website – access only to
informational content about the Application (without login);
in the Nevt Application – no access to social functionalities.
-
User with an Account (without Premium Subscription): access to
Events near their location; access to their own profile,
ratings and activity history; access to Event chats in which
they are a participant; access to private messages with Users
with whom they have a Mutual Wave; no access to Events marked
as visible only to Premium users.
-
User with an Account and an active Premium Subscription:
access to all functionalities available for basic accounts;
access to Premium Events and the ability to create Events
visible only to Premium users; increased daily Wave limits;
the ability to create Communities (up to 5 per account) and
Community Events; removal of the 3-Community cap applicable to
basic accounts.
-
The Service Provider: as data controller, has access to data
processed in the Nevt Application's system to the extent
necessary for the provision of services, security,
handling of complaints and fulfilment of legal obligations,
in accordance with the Privacy Policy.
-
Access to Community data. Access to data
related to Communities depends on membership:
-
basic information about a Community (name, description,
tags, location, number of members, join mode, Creator) is
visible to all logged-in Users;
-
the list of members, messages on the Community wall and
Community Events are available only to Users who are
members of that Community;
-
extended data concerning management of the Community
(list of pending join requests, list of invitations, list
of banned Users) is available only to the Community
Creator and designated moderators;
-
a User banned from a Community cannot rejoin it until
unbanned by the Creator or a moderator.
-
Users are obliged to process data obtained via the Nevt
Application only within the scope of functionalities (e.g.
making contact, participating in Events) and in accordance with
personal data protection regulations.
-
It is prohibited to use the data for purposes unrelated to the
Application, in particular for direct marketing without consent,
for building external databases or for infringing the rights of
third parties.
-
In the event of a breach of data processing rules, the Service
Provider may apply the measures provided for in these Terms,
including restriction, suspension or termination of Electronic
Services.
15. Statutory right of withdrawal from the contract
-
Core service (free of charge): The core functionalities of the
Nevt Application are provided free of charge. A consumer may
terminate the agreement for the provision of a free Electronic
Service at any time by deleting their Account in accordance with
the procedure described in point 6 of these Terms, which has an
effect analogous to withdrawal from the contract.
-
Premium Subscription: A consumer who has concluded a distance
contract for the Premium Subscription may withdraw from it within
14 calendar days without giving any reason and without incurring
costs, subject to point 15.3 below.
-
The right of withdrawal from a contract for the Premium
Subscription does not apply to a consumer if the Service Provider
has fully performed the service with the consumer's express and
prior consent and the consumer has been informed before the
performance began that upon performance by the Service Provider
they lose the right of withdrawal, and has acknowledged this. By
purchasing a Premium Subscription and consenting to immediate
access to its features, the User confirms the above conditions.
In cases where the right of withdrawal applies (i.e. where the
service has not been fully performed), the period for withdrawal
from the Premium Subscription agreement starts from the date of
conclusion of the contract.
-
To meet the withdrawal deadline, it is sufficient to send the
withdrawal declaration before its expiry. The withdrawal
declaration may be made electronically by email to:
jakub.plata@nevt.app. The consumer may use for this purpose the
model withdrawal form which constitutes Annex No. 2 to the
Consumer Rights Act, although it is not obligatory.
-
Effects and costs related to exercising the right of withdrawal:
-
In the event of withdrawal from the Premium Subscription
agreement, the Service Provider, from the date of receipt of
the consumer's withdrawal declaration, shall not use content
other than personal data provided or created by the consumer
during use of the Premium Subscription, with exceptions
provided by law. At the consumer's request, the Service
Provider shall make available to them content other than
personal data which was provided or created by the consumer.
The consumer is obliged to cease using Premium features and
making them available to third parties.
-
In the event of withdrawal to which none of the exclusions
indicated in point 15.3 applies, the Service Provider is
obliged to return all payments made by the consumer without
undue delay, no later than within 14 calendar days from the
date of receipt of the consumer's withdrawal declaration.
Refunds are processed via the app store operator (Apple App
Store or Google Play Store) in accordance with its refund
policy.
-
In the case of a service the performance of which – at the
consumer's express request – began before the expiry of the
withdrawal period, the consumer who exercises the right of
withdrawal after making such a request is obliged to pay for
services rendered until the withdrawal from the contract,
calculated proportionally to the scope of the service
rendered.
-
The provisions of this point 15 of the Terms concerning the
consumer also apply to contracts concluded with a User who is a
natural person referred to in Article 385[5] of the Civil Code.
16. Out-of-court methods of complaint handling and pursuing claims,
and the rules of access to those procedures
-
Out-of-court methods of dispute resolution include, among others:
(1) bringing the parties' positions closer, e.g. through
mediation; (2) proposing a solution to the dispute, e.g. through
conciliation; and (3) resolving the dispute and imposing a
solution on the parties, e.g. by arbitration (arbitration court).
Detailed information on the possibility for a consumer to use
out-of-court methods of complaint handling and pursuing claims,
access rules for those procedures and a friendly search engine
for entities dealing with amicable dispute resolution are
available on the website of the Office of Competition and
Consumer Protection at:
https://polubowne.uokik.gov.pl/.
-
At the President of the Office of Competition and Consumer
Protection there is a contact point whose task is, among others,
to provide consumers with information on out-of-court resolution
of consumer disputes. The consumer may contact the point by: (1)
telephone – calling 22 55 60 332 or 22 55 60 333; (2) email –
sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing
or in person – at the Office's Central Office at plac Powstańców
Warszawy 1 in Warsaw (00-030).
-
The consumer has the following examples of options for using
out-of-court methods of complaint handling and pursuing claims:
(1) a motion for dispute resolution to a permanent amicable
consumer court; (2) a motion for out-of-court resolution of the
dispute to the voivodeship inspector of the Trade Inspection; or
(3) assistance from the district (municipal) consumer ombudsman
or a social organisation whose statutory tasks include consumer
protection (e.g. Federation of Consumers, Association of Polish
Consumers). Advice is given, among others, by email at
porady@dlakonsumentow.pl and via the consumer helpline at 801 440
220 (helpline open on business days, 8:00-18:00, charge according
to operator's tariff).
17. Technical breaks and failures
-
The Service Provider uses due care to ensure the proper and
uninterrupted functioning of the Nevt Application and its
Electronic Services. Due to the complexity of the Application
and its Electronic Services and external factors outside the
Service Provider's control (e.g. DDoS – distributed denial of
service attacks), errors and technical failures may occur
preventing or limiting in any way the operation of the
Application and the possibility of using its Electronic Services.
The Service Provider will in such a case take all possible
actions to limit the negative effects of such events as much as
possible.
-
The Service Provider promptly informs Users of any errors and
technical failures referred to in point 17.1 above and the
expected date of their removal.
-
In addition to breaks caused by errors and technical failures,
there may also be other technical breaks during which the Service
Provider takes actions aimed at the development of the
Application and its Electronic Services and their protection
against errors and technical failures.
-
The Service Provider plans technical breaks in such a way as to
be as least burdensome for Users as possible, in particular
scheduled at times of lower traffic in the Application (e.g.
night hours) and only for the time necessary to carry out the
actions required by the Service Provider. The Service Provider
informs Users of planned technical breaks with appropriate
notice, also stating the expected duration of the planned break.
-
The Service Provider is not liable to the User for damages and
failure to perform obligations resulting from any errors and
technical failures and technical breaks referred to in this
point 17 of the Terms. This point 17 is not intended to exclude
or limit the Service Provider's liability under mandatory
provisions of law, in particular towards consumers and natural
persons referred to in Article 385[5] of the Civil Code,
including statutory liability for improper performance of the
service.
18. License to use the app
-
Copyright and intellectual property rights to the Nevt
Application as a whole and its individual elements, including
content, graphics, works, designs and signs available within it,
belong to the Service Provider or other authorised third parties
and are protected under the provisions of Copyright Law and other
generally applicable law. The protection granted to the
Application covers all forms of its expression.
-
The Application is to be treated like any other work subject to
copyright protection. The User has no right to copy the
Application, except in cases permitted by mandatory law. The
User also undertakes not to modify, adapt, translate, decode,
decompile, disassemble or in any other way attempt to determine
the source code of the Application, except in cases permitted by
mandatory law.
-
The User using the Application does not acquire ownership of any
copyrights to the Application. The User is granted only – on the
terms set out in the Terms – a non-transferable, worldwide and
non-exclusive licence entitling them to use the Application in
accordance with its purpose and subject matter, with these Terms
and in a manner consistent with law and good practice, having
regard for personal rights, personal data and the copyrights and
intellectual property of the Service Provider, other Users and
third parties and entities.
-
Under the granted licence, the User is entitled to use the
Application by downloading, installing, permanent or temporary
reproduction in the memory of the User's mobile device, as well
as playing, applying and displaying the Application to the
extent necessary to use all functionalities and resources of the
Application in accordance with its purpose and subject matter
and exclusively for the User's own, personal use, within the
scope specified in these Terms and under Copyright Law, excluding
use for commercial purposes.
-
All rights beyond the above not granted expressly to the User
are reserved by the Service Provider, in particular the User is
not entitled to (1) distribute the Application, including
leasing and lending the Application or its copies in any form;
(2) sublicense the Application (including granting other persons
access to the Application); (3) market the Application,
including lending or leasing; and (4) interfere with the source
code and structure of the Application (including making
translations, distributing, sublicensing or marketing such
translations in any form).
-
By submitting content (photos, text, messages) to the Nevt
Application, the User retains ownership of the content and
grants the Service Provider a non-exclusive, worldwide, royalty-
free licence to use, display and distribute such content within
the Application solely for the purpose of providing the Service.
This licence expires upon deletion of the content by the User or
deletion of the Account.
-
Particular elements of the Application may be subject to separate
terms and licences – in such case the User is obliged to comply
with them as well.
-
The Service Provider reserves the right to terminate this licence
in the event of a breach of its terms by the User, also in
relation to specific devices from which the breach was made.
Termination of the licence may occur independently of the
suspension or deletion of the User's Account under points 6.9 –
6.13 of these Terms.
-
The Service Provider's and third parties' trademarks should be
used in accordance with applicable law.
19. Illegal content and other content inconsistent with the Terms
-
This point of the Terms contains provisions arising from the
Digital Services Act in the scope of the Application and the
Service Provider. The Application requires the provision of
specified data to use its functionalities (e.g. data necessary
to register an Account and use specific Application
functionalities). In each case of providing content by a
Recipient, they are obliged to comply with the rules set out in
the Terms.
-
CONTACT POINT – The Service Provider designates
the email address jakub.plata@nevt.app as a single contact point.
The contact point enables direct communication of the Service
Provider with authorities of Member States, the European
Commission and the Digital Services Board and simultaneously
enables Recipients to communicate with the Service Provider
directly, quickly and in a friendly manner by electronic means,
for the purposes of applying the Digital Services Act. The
Service Provider designates Polish and English as languages for
communication with its contact point.
-
Procedure for reporting Illegal Content and actions in accordance
with Article 16 of the Digital Services Act:
-
To the email address jakub.plata@nevt.app any person or any
entity may report to the Service Provider the presence of
specific information which the person or entity considers to
be Illegal Content.
-
The notification should be sufficiently precise and
adequately substantiated. To this end, the Service Provider
enables and facilitates the submission to the above email
address of notifications containing all of the following
elements: (1) a sufficiently substantiated explanation of the
reasons why the person or entity alleges that the reported
information constitutes Illegal Content; (2) a clear
indication of the exact electronic location of the
information, such as the exact URL or URLs, and, where
applicable, additional information enabling the
identification of the Illegal Content, appropriate to the
type of content and the specific type of service; (3) the
name and email address of the person or entity making the
notification, except for a notification concerning
information considered related to one of the offences
referred to in Articles 3–7 of Directive 2011/93/EU; and (4)
a statement confirming the bona fide belief of the person or
entity making the notification that the information and
allegations contained therein are accurate and complete.
-
The notification referred to above shall be considered as
giving rise to actual knowledge or awareness for the purposes
of Article 6 of the Digital Services Act in relation to the
information concerned if it allows the Service Provider
acting with due diligence to determine – without detailed
legal analysis – the illegal nature of the activity or
information concerned.
-
If the notification contains electronic contact details of
the person or entity that made the notification, the Service
Provider shall without undue delay send to such person or
entity a confirmation of receipt of the notification. The
Service Provider shall also inform such person or entity
without undue delay of its decision in respect of the
information to which the notification relates, providing
information on the possibilities to appeal against the
decision made.
-
The Service Provider shall process all notifications it
receives under the mechanism referred to above and take
decisions in respect of the information to which the
notifications relate in a timely, non-arbitrary and objective
manner and with due diligence. If, for the purposes of such
processing or decision-making, the Service Provider uses
automated means, it shall include information thereon in the
notification referred to in the previous point.
-
Information on restrictions that the Service Provider imposes in
connection with the use of the Application, with regard to
information provided by the Recipient:
-
In the case of providing any content within the Nevt
Application, the Recipient is subject to restrictions
indicated in the provisions of these Terms.
-
The Service Provider reserves the right to moderate content
provided by Recipients in the Application. Moderation takes
place in good faith and with due diligence and at the
Service Provider's own initiative or upon received
notifications in order to detect, identify and remove
Illegal Content or other content inconsistent with the Terms
or to prevent access to it, or to take the necessary
measures to meet the requirements of Union and national law
consistent with Union law, including requirements set out in
the Digital Services Act, or the requirements contained in
the Terms.
-
The moderation process may take place manually by a person or
be based on automated or partially automated tools
facilitating the Service Provider's identification of
Illegal Content or other content inconsistent with the Terms,
including automatic detection of spam and patterns of abuse
in chat messages. After identifying such content, the
Service Provider decides whether to remove or prevent
access to the content or otherwise restrict its visibility,
or takes other actions it deems necessary (e.g. imposing a
chat ban, cancelling an Event or contacting the Recipient to
clarify objections and change content). The Service Provider
shall in a clear and easily understandable manner inform the
Recipient who provided the content (if their contact details
are available) of its decision, the reasons for it and the
available possibilities to appeal against the decision.
-
In exercising its rights and obligations under the Digital
Services Act, the Service Provider is obliged to act with
due diligence, objectively and proportionately, and with due
regard to the rights and legitimate interests of all parties
involved, including the service recipients, in particular
with consideration for the rights enshrined in the Charter
of Fundamental Rights of the European Union, such as
freedom of expression, freedom and pluralism of the media,
and other fundamental rights and freedoms.
-
Any comments, complaints, appeals or objections concerning
decisions or other actions taken (or the lack of action taken) by
the Service Provider on the basis of a received notification or
a decision taken in accordance with these Terms may be submitted
in a manner analogous to the complaint procedure indicated in
point 11 of these Terms. Use of this procedure is free of charge
and allows complaints to be submitted electronically to the
specified email address. The use of the notification and
complaint procedure does not prejudice the right of the person or
entity to initiate proceedings before a court and does not
infringe other rights.
-
The Service Provider processes all comments, complaints, appeals
or objections concerning decisions or other actions taken (or the
lack of action taken) by the Service Provider on the basis of a
received notification or the decision taken, in a timely,
non-discriminatory, objective and non-arbitrary manner. If a
complaint or other notification contains sufficient grounds for
the Service Provider to conclude that its decision not to act in
response to the notification is unjustified or that the
information to which the complaint relates is not illegal and
inconsistent with the Terms, or contains information indicating
that the action of the complainant does not justify the measure
taken, the Service Provider shall without undue delay revoke or
modify its decision to remove or prevent access to the content or
otherwise restrict its visibility or take other actions it deems
necessary.
-
Recipients or other persons or entities that have submitted a
notification of Illegal Content, to which decisions of the
Service Provider concerning Illegal Content or content
inconsistent with the Terms are addressed, have the right to
choose any certified out-of-court dispute resolution body
certified by a Digital Services Coordinator of a Member State
for the purpose of resolving disputes concerning those decisions,
including with regard to complaints that have not been resolved
through the Service Provider's internal complaint-handling
system.
20. Final provisions
-
Contracts concluded on the basis of these Terms are concluded in
Polish and in accordance with Polish law.
-
Amendments to the Terms:
-
The Service Provider reserves the right to amend these Terms
for important reasons, i.e.: changes in law; compliance with
a legal or regulatory obligation; changes in the scope or
form of Electronic Services provided; adding new Electronic
Services; the development of Application functionalities and
resources; changes to the Price List; changes in payment
methods and deadlines; the need to counter an unforeseeable
and immediate threat to the protection of the Application,
including Electronic Services and Users against fraud,
malware, spam, data breach or other cybersecurity threats;
changes in the Service Provider's data; improvement of user
service quality – to the extent that these changes affect
the implementation of the provisions of these Terms.
-
Notification of the proposed changes is sent at least 15 days
in advance of the day the changes come into force, subject to
the change being able to be introduced without observing the
15-day notification period when the Service Provider: (1) is
subject to a legal or regulatory obligation on the basis of
which it is required to amend the Terms in a way that makes
it impossible to comply with the 15-day notification period;
or (2) must, by way of exception, amend its Terms in order to
counter an unforeseeable and immediate threat to the
protection of the Application, including Electronic Services
and Users against fraud, malware, spam, data breach or other
cybersecurity threats. In the last two cases referred to in
the preceding sentence, the amendments take effect with
immediate effect unless a longer period for the introduction
of changes is possible or necessary, of which the Recipient
is notified on each occasion.
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In the case of continuous contracts (e.g. use of the
Account), the User has the right to terminate the agreement
with the Service Provider before the expiry of the
notification period on the proposed changes. Such
termination becomes effective within 15 days from the date
of receipt of the notification. In the case of a continuous
contract, the amended Terms are binding on the User if they
have been duly notified of the changes, in accordance with
the notification period before their introduction, and have
not terminated the contract during that period. Additionally,
at any time after receiving notification of the changes, the
User may accept the introduced changes and thereby waive
further duration of the notification period. In the case of
a contract other than a continuous contract, amendments to
the Terms will not in any way infringe the User's rights
acquired before the date of entry into force of the
amendments to the Terms.
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In the event that an amendment to the Terms would result in
the introduction of any new fees or an increase of existing
ones, the consumer or natural person referred to in Article
385[5] of the Civil Code has the right to withdraw from the
contract.
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In matters not regulated by these Terms, generally applicable
provisions of Polish law apply, in particular: the Civil Code;
the Act of 18 July 2002 on providing services by electronic means
(Journal of Laws of 2002 No. 144, item 1204, as amended); the
Consumer Rights Act; Copyright Law and other relevant provisions
of generally applicable law.
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These Terms do not exclude the provisions in force in the
consumer's habitual residence concluding a contract with the
Service Provider which cannot be excluded by contract. In such a
case, the Service Provider guarantees the consumer the
protection granted to them under provisions which cannot be
excluded by contract.
Thank you for reading carefully!
If you have any questions, we are always at your disposal.
We invite you to use our application,
The Nevt App Team
Effective date: 30 April 2026