{"service":{"name":"GG","url":"https://www.ggapp.com/info/term-of-use-of-gg-platform/","lang":"ENG","sector":"Communication","hq":"Poland","hq_category":"Poland","is_public":"Private","is_paid":"Optionally paid","date":"20.05.2019"},"document":{"title":"","text":"Term of Use of GG Platform\nEffective as of 20/05/19\nSection I: General.\nSection II: Types and scope of the Service covered by the Term of Use.\nSection III: Terms and conditions of the Service.\nSection IV: The terms for entering into an agreement and terminating it, and commencement of the\nService.\nSection V: Liability.\nSection VI: Intellectual property.\nSection VII: Complaint procedure.\nSection VIII: Final provisions.\nSection I. General.\n1. The following provisions constitute the Terms of Use (hereinafter: the “Terms”) referred to in \nart. 8 of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 no. \n144, item 1204, as amended; hereinafter: the “Act”). \n2. The Terms specify the rules of providing electronic services by Fintecom Sp. z o.o. with its \nregistered office in Koszalin, at the address: ul. Marszałka Piłsudskiego 45 75-502 Koszalin, \nentered into the Register of Entrepreneurs of the National Court Register kept by the District \nCourt in Koszalin, IX Commercial Division, under the number 0000362067 (hereinafter: \n“Fintecom”) on Internet communication platform available through Fintecom \nteleinformation system (hereinafter: the “Platform”). \n3. Fintecom teleinformation system consists in a set of interacting IT devices and software that \nallows to process, handle, send and receive the data through telecommunication networks, \nusing a terminal equipment suitable for a given type of network. \n4. The provision of electronic services by Fintecom consists in providing you with certain \nfunctionalities of the Platform (in some cases together with the software necessary to use \nthem) that have certain characteristics (hereinafter: the “Functionalities”) by sending and \nreceiving data through teleinformation systems, at your request, without the simultaneous \n\nphysical presence of the parties, whereby the data is transmitted through public networks \n(hereinafter: the “Service”). \n5. The Service is provided to: \n1. natural persons having full or partial legal capacity who are over 16 years old; \n2. other entities having full or partial legal capacity under other regulations, who \naccepted the Terms and entered into the agreement on provision of the Service \n(hereinafter: “You”/”User”). \n6. Fintecom, at the address: https://www.ggapp.com/info/threats/ provides the information \nreferred to in art. 6 of the Act. \n7. The Service is provided free of charge. Certain Functionalities of the Service may be paid. \n8. The provision of the Service free of charge commences after you start to use the available \nFunctionalities of the Platform. \n9. Making paid Functionalities available to you occurs at your request, after accepting the \nTerms of the paid provision of the Service. \nSection II: Types and scope of the Service covered by the Term \nof Use.\n1. Fintecom provides several Functionalities on the Platform. \n2. The Functionalities are in particular: \n1. sending text messages, \n2. sending graphical messages, \n3. sending graphical text messages, \n4. sending compressed multimedia messages, \n5. archiving the messages sent; \n6. making available the space in the resources of the Fintecom teleinformation system \n(hosting) to store the data (files) and to synchronize them between the \nteleinformation system and users’ devices, \n7. sharing the data (files) entered into the system with other Users, \n8. providing the possibility to use the applications extending the Functionalities, made \navailable by Fintecom and third parties. \n3. On the Platform, Fintecom provides information, instructions and explanations regarding the\nService or Functionalities, either in a distinguished form (among others graphic fields, pop-\nups etc.) or by referring to instruction manuals, when you perform certain actions using the \ntools or the software made available by Fintecom as part of the Service. \n4. Fintecom updates the data referred to in Article 3 if the scope of the Service or \nFunctionalities changes. \n\n5. Fintecom, at the address: https://www.ggapp.com/info/technical-parameters-of-the-service/\nprovides the information about the changes of the parameters related to the Functionalities. \n6. The Platform also allows access to applications made available by third parties. In such a \ncase the application is not a part of the Platform and using it does not constitute the usage of\nthe Service, of which you will be notified before starting to use a given application, and the \ndata required to use such application teleinformation system is transferred from Fintecom at \nyour request and at your own risk. Finishing the installation of the application made \navailable by a third party on the Platform is equivalent to you requesting Fintecom to \ntransmit certain data, including your personal data (with your consent) from Fintecom \nteleinformation system. Uninstalling a given application made available by third parties \nmeans that you withdraw your consent to transmit the data. \nSection III: Terms and conditions of the Service.\n1. Provision of the Service requires you to have at your disposal a teleinformation system that \nmeets the following minimal technical requirements: \n1. Internet connection, \n2. terminal equipment, \n3. in some cases using a software allowing to read the files in various formats (among \nothers images, sounds, multimedia, text, videos etc.). \n2. Fintecom data entry and retention policy is available here: \nhttps://www.ggapp.com/info/privacy-policy/, and technical requirements are available at \nthe address: https://www.ggapp.com/info/technical-conditions/. \n3. If Fintecom makes the available software to use a given Functionality, you have a right to use \nit within a scope of such Functionality only with Fintecom software or the software of third \nparties made available by Fintecom and with its consent. If in such a case you use the Service\nor its Functionalities with the software from entities other than Fintecom or the software of \nthird parties made available without a consent from Fintecom, you are in breach of the \nTerms. At the address: https://www.ggapp.com/info/list-of-authorised-software/ Fintecom \nprovides the information about the software that is intended for the use of a given \nFunctionality and made available by Fintecom. \n4. Fintecom shares the data chosen and entered by you in the teleinformation system with \nother Users in order to provide services to them. \n5. You may stop using the Service at any moment. \n6. You are obliged to: \n1. comply with the law, Terms of Use, good manners and generally applicable rules of \nusing the Internet; \n\n2. use the Service in a manner that does not violate the rights of Fintecom or third \nparties; \n3. refrain from mass registration of GG accounts for the purposes that are not \ncompatible with the purpose of the Service. \n7. You are obliged to refrain from any unlawful activities while using the Service, in particular: \n1. using the Service directly or indirectly for the purpose contrary to the law, the Terms \nof Use, good manners or generally applicable rules of using the Internet; \n2. using the Service in a manner that violates the rights of Fintecom or third parties; \n3. using the Service with the software different than the software of Fintecom or the one \nbelonging to third parties and made available by Fintecom; \n4. transmission by or to the Fintecom teleinformation system the data which: \n1. cause the disruption or overloading of the Fintecom teleinformation system or \nthe system of third parties directly or indirectly taking part in the provision of \nthe Service; \n2. provide an unsolicited commercial communication addressed to a designated \nrecipient within the meaning of the Act (Spam); \n3. in other way violate the law, the Terms, rights of Fintecom or third parties, \ngood manners, generally applicable rules of using the Internet. \n8. Fintecom uses technical systems in order to prevent misuse of the Services. \n9. Fintecom may permanently or temporarily cease to provide the Service or Functionality to \nyou if: \n1. you violate the law, the Terms, rights of Fintecom or third parties, good manners, \ngenerally applicable rules of using the Internet or there is a reasonable suspicion that \nyou did so (temporarily, until clarification is obtained); \n2. you refuse to consent to the change of the Terms of Use in time specified in Article 2 \n(1) in the Section VIII of the Terms of Use. \n10.Permanent or temporary cessation of the Service provision may occur, inter Alia, as a result \nof the following breaches: \n1. sharing or sending the content that is pornographic, racist, outrages religious \nfeelings, incites hatred or violence, and the content that is indecent, offensive or \nviolates the law or good manners; \n2. use of threats, harassment, stalking or other activities violating the rights of third \nparties (violations reported by other Users), \n3. misuse of image, identity theft or impersonation; \n4. fraud, information theft, software piracy or copyright infringement; \n5. fishing the data, unauthorized data capture, damage of data integrity; \n\n6. other activities that violate the Terms, good manners, generally applicable rules of \nusing the Internet, generally applicable law, rights of Fintecom or third parties. \n11.Permanent cessation of the Service provision means an immediate termination of the \nagreement and is irreversible. Permanent cessation of the Service provision may also cause \ndeletion of all the data that you entered into the Fintecom teleinformation system, unless: \n1. the law provides otherwise; or \n2. deletion of all your data from the Fintecom teleinformation system is impossible due \nto the character of the Service or Functionality. \n12.Temporary cessation of the Service provision results in the limitation of your use of: \n1. the Service; or \n2. its Functionalities. \nTemporary cessation of the Service provision may be revoked after you provide appropriate \nexplanations on the matter of violations.\n13.Fintecom may process the data of the User to whom it ceased to provide the Service for the \npurpose and in the scope necessary to clarify the circumstances of a prohibited use of the \nService. \n14.Under art. 14 (2-3) of the Act, Fintecom has a right to prevent (block) access to the data \nentered by you to the teleinformation system of Fintecom in the case of: \n1. receiving an official notice of unlawfulness of the data stored or the activities related \nto it, \n2. receiving a credible information or in any way becoming aware of the unlawful \ncharacter of the data stored or the activities related to it. \n15.In the situation referred to in Article 14 Fintecom immediately notifies you of its intention to \nprevent (block) the access to the data. The notification shall be sent to your GG Number. \n16.Fintecom reserves the right to block the registration of GG account if the attempts are made \nfor a mass registration of accounts for the purposes violating the Terms or not compatible \nwith the purpose of the Service. \nSection IV: The terms for entering into an agreement and \nterminating it, and commencement of the Service.\n1. The provision of the Service requires a registration of the GG account. \n2. During the registration we require you to provide certain data, including your personal data \n(with your consent). \n3. Upon registration you confirm that you are more than 16 years old and that you take \nresponsibility for the correctness of the data provided. If you provide false personal data, \nsome of the Functionalities may be unavailable until the data is corrected. \n\n4. After the registration process, the User is assigned a unique identifier (GG number) which \nenables the use of Services. The User is not entitled to dispose of the GG Number in a manner\nother than as specified in the Regulations. \n5. If the User terminates the Service Agreement (account deletion) or in the event of \ntermination of the contract for the provision of the Service by Fintecom due to the use of the \nService by the User in a manner inconsistent with the Regulations: \n1. The User loses the right to use the GG Number, \n2. Fintecom has the right to assign the GG Number to another User, \n3. For GG numbers purchased in the official GG Store ( https://shop.gg.pl/ ), Fintecom \nhas the right to assign the GG Number to another User after a period of at least 24 \nmonths since the last login to the GG Service. \n6. The agreement on the provision of the Service is concluded at the moment of accepting the \nTerms and commencement of the Service provision. \n7. You access the Service with a login and password. \n8. The agreement on the provision of the Service is terminated: \n1. at your request, or \n2. by Fintecom, in the situations indicated in the Article 8 in the Section III of the Terms, \nsubject to the provisions of Articles 9–14. \n9. The Service Agreement may be terminated by Fintecom if not used (understood as not \nlogging in to the Service) continuously for the period of: \n1. At least 12 months \n2. At least 24 months – for GG numbers purchased from the official GG Store \n10.Termination of the agreement on the provision of the Service may cause the deletion of all \nyour data from the Fintecom teleinformation system, unless: \n1. the law provides otherwise; or \n2. deletion of all your data from the Fintecom teleinformation system is impossible due \nto the character of the Service or Functionality. \n11.If you made more than one registration the result of terminating the agreement on the \nprovision of the Service will affect only the Service with a relevant GG Number. \n12.The Personal Data Controller is Fintecom. \n13.The rules of processing the personal data with regard to using the Service are provided in the\nPrivacy Policy. \nSection V: Liability.\n1. You are responsible for all the actions taken after logging into the Service. \n2. You use: \n1. the Service, in accordance with the Terms \n\n2. services provided by third parties, at your own risk. Using the services made available \nin the GG messenger by third parties does not does exclude or limit the liability of \nFintecom related to the provision of the Service, to the extent that it cannot be \nexcluded or limited by law. \n3. Fintecom is liable to the Users for failure to perform or an improper performance of the \nService to the extent pursuant to the Terms, unless failure to perform or an improper \nperformance of the Service is a consequence of circumstances for which Fintecom is not \nresponsible under the law. \n4. Pursuant to art. 14 of the Act, Fintecom is not responsible for the data entered by the Users \nand stored in the Fintecom teleinformation system. \n5. According to Article 13 of the Act, Fintecom is not responsible for the data transmitted, as it \nprovides automatic and indirect storage of the data in order to ensure fast access to them at \nthe request of other entity (another User). \n6. Fintecom is not responsible for the consequences of failure to perform or an improper \nperformance of the commitments made to you by other Users. \n7. Fintecom is not responsible for any consequences of using the applications which are \naccessible on the Platform but made available by third parties, of which you will be notified \nbefore using the application. \n8. Fintecom is not responsible for: \n1. deletion of the data entered by the Users to the Fintecom teleinformation system \nfrom the systems not controlled by Fintecom, \n2. consequences of using the Service or its Functionalities with software different than \nthe software of Fintecom or the one belonging to third parties and made available by \nFintecom, indicated at the address: https://www.ggapp.com/info/list-of-authorised-\nsoftware/ (the list of the authorized software). \n3. consequences of sharing a login and password with third parties. \n9. The Terms shall be applied taking into account the rights of Users resulting from consumer \nlaws. \nSection VI. Intellectual property.\n1. Fintecom has intellectual property rights to the works, within the meaning of the Act on \nCopyright and Related Rights Act of 4 February 1994 (Journal of Laws no. 24, item 83, as \namended), markings and trademarks shared on the Platform, to the extent necessary to \nprovide the Service. \n2. Works, markings and trademarks shared in the Service and for the purpose of providing it are\nprotected by the law. \n\n3. You have a right to use the works within the framework of permitted private use provided for \nby legal regulations. \n4. Any use beyond the permitted private use requires obtaining prior consent of the authorized \nentity. \n5. The terms of use of the software made available by Fintecom are specified in relevant license \nagreements. \n6. License agreement for the use of the software made available by Fintecom for the purpose of \nproviding the Service constitutes a part of the Terms, as an appendix. \nSection VII. Complaint procedure.\n1. Complaints regarding the provision of the Service may be made for: \n1. failure to perform the Service, or \n2. undue performance of the Service. \n2. The complaint may be filed in: \n1. written form, by mail, at the address: ul. Marszałka Piłsudskiego 45 75-502 Koszalin, \n2. electronic form, at the e-mail address: reklamacje@gg.pl. \n3. The complaint should include: \n1. name and surname of the complainant, \n2. e-mail address provided during the registration, \n3. identifier of the User on the Platform (GG Number), \n4. subject of the complaint and the circumstances justifying it. \n4. Complaints are handled in the order of their receipt, but not later than in 14 (fourteen) days. \nIn justified cases, if the handling of the complaint requires more time, Fintecom may extend \nthis period for additional 14 (fourteen) days, of which the complainant will be notified. \n5. If the complaint is incomplete so that it is impossible to handle it, Fintecom shall \nimmediately request the complainant to supplement it and instruct them that the failure to \ncomplete it will prevent its handling. \n6. The complainant is notified about the manner of handling the complaint in the form in which\nthe complaint was made. \nSection VIII. Final provisions\n1. A current version of the Terms is made available in a manner allowing its storage and \nreproduction in the ordinary course of action. \n2. Each change of the Terms will be effective: \n1. in 15 (fifteen) days from the date of notification or at any other time indicated by \nFintecom but not shorter than 15 (fifteen) days; if you do not agree to the change, you \n\nare obliged to make a statement to Fintecom, including by Fintecom teleinformation \nsystem, before the change enters into force and from such date you are obliged to \nstop using the Service; \n2. immediately upon notification of the change or in any other time indicated by \nFintecom, if the changes concern provisions of the Terms that do not have an \ninfluence on the situation the Users. \n3. For assessing rights and obligations under the Terms, Polish law shall be applicable, in \nparticular the provisions of the Polish Civil Code and the Act on Consumer Rights of 30 May \n2014 (Journal of Laws 2014, item 827). \n4. Amicable settlement of disputes: European Commission operates an on line dispute \nsettlement platform. It is available here: \nhttps://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL. \n5. Using other alternative settlement mechanisms requires the consent of Fintecom. \n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":0,"explanation":"Lawful limitation - any other than unlawful limitation, for example \"Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms\""},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":1,"explanation":"Lack of as-is clause"},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":1,"explanation":"Lack of choice of forum/\"you can bring claims in your place of domicile\""},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":1,"explanation":"When the company does not reserve the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":1,"explanation":"When a company does not reserve a right to delete content put in the service by the user"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":0,"explanation":"Presence of internal complaint-handling system that does not meet all of the requirements stated in article 17 DSA"},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}