Effective as of May 6, 2024

Listonic Terms of Services

We request that you carefully read these Terms of Services (“Terms”), as they form a legal contract between you and us – Listonic Sp. z o.o, a Polish Ltd. company (“us”, “we”, or “our”). We encourage users to familiarize themselves with these Terms for a comprehensive understanding of their rights and obligations across all platforms of use of our applications and services.

We provide a diverse portfolio of apps that are tailored to specific purposes, needs and preferences. Our services are designed to be multiplatform, allowing seamless integration and use across various devices and interfaces, including but not limited to mobile devices, desktops, and through web browsers.

These Terms govern your access to and use of our services, including mobile applications, web-based services (collectively referred to as “App” or “Apps”), and other forms of access that are available on various platforms, such as Google Play, Apple’s App Store, and our website, or function independently of platform constraints. The term ‘Platforms’ denotes the digital environments that facilitate the availability of our ‘Apps’ for download, installation, access or other reasons.

Please keep in mind that these Terms apply to all of our Apps or any other form of our digital service offering services, regardless of their functionality, purpose, or the platform through which they are accessed (through their respective app stores), unless otherwise explicitly stated. This approach is to ensure that a consistent and compliant user experience is maintained across our suite of applications and services.

Please find a list of the contents of these Terms below for your convenience:

INTRODUCTION 

Our Contract 

Using our Apps With or Without Account Registration 

Technical Requirements

Legal and Ethical use of our App

DATA SECURITY AND PRIVACY

OUR SERVICES 

PAID SUBSCRIPTIONS 

Offerings and Payments 

Providing Digital Content and Services 

Renewal and Cancellation of Subscriptions 

Special Terms for Specific Services 

ADVERTISEMENTS, EXTERNAL LINKS, AND USER CONTENT 

Advertising and Marketing 

Interactions with Third-Party Services and External Links 

User Content 

LICENSING, INTELLECTUAL PROPERTY, AND USAGE 

Licensing of Intellectual Property Rights 

Ownership of the App Content 

License to Access and Use 

Prohibition on Unauthorized Use 

No Implied Rights 

Right to Monitor App Usage

COMPLIANCE AND VIOLATIONS 

Consequences of Terms Violations 

Suspension and Termination 

DISCLAIMERS AND LIABILITIES 

No Warranties 

Indemnification by the User 

Limitations on Liability 

Maximum Liability 

GENERAL PROVISIONS 

Notices 

Complaints Procedure 

Assignment 

Severability 

No Waiver 

Governing Law 

Dispute Resolution 

Amendments 

CONTACTS 

INTRODUCTION

Our Contract

1. You agree to be bound by these Terms by accessing or using our Apps that enable using our services that may be available through our Apps or otherwise (“Services”). If you do not agree with these Terms, you must not access or use our Apps. Your agreement with us includes not only these Terms, but also our Privacy Policy and any other special conditions that may apply to specific Apps or their specific functionalities or subscription offers.

Using our Apps With or Without Account Registration

2. You may have the flexibility to use some of our App’s features without the necessity of creating an account or logging in. This feature, allowing you to explore certain functionalities of our App with ease and convenience, depends on certain App and is up to our discretion. Not all of our Apps require registration and/or offer different functionalities depending on registration. If they do, in order to fully unlock and enjoy all the functionalities of our Apps that may be (but do not have to be) requiring registration, we recommend registering for an account. For accessing certain ranges of features of our App, you may need to create an account and use it on our App.
3. During the registration process, we require certain basic information, including a name, a valid email address, and any other information requested in the registration form as part of the registration process. For full functionality, account registration is recommended. We may enable registration using one of external third-party Single Sign-On (SSO) services, such as Facebook, Google or Apple ID if you wish that your access to our App is also linked to these services and choosing this. Whenever you register, you represent that you are authorized to provide us with registration information and enter into agreement with us. After registering, you are solely responsible for the security of your account, including the protection of your login information. Furthermore, you are responsible for all actions taken on your account or those associated with it. If your account is used or accessed without your permission, you must notify us immediately. Please note that if you are not providing us with your valid legal name and/or other correct information, we may not be able to respond to your inquiries.
4. You must continue to use the email address you provided during registration or the account at third-party Single Sign-On (SSO) service provider you used to register in our App if you want constant access to your account. If you lose access to the e-mail account you used to register, we might not be able to continue giving you access to your account in our App.

Technical Requirements

5. To fully utilize all functionalities of our App, your device should have an active internet connection. Please be aware that data entered or activities performed in our App without an internet connection may not synchronize correctly. You are responsible for covering the costs of internet access. For optimal App performance, ensure an active internet connection and use devices with up-to-date operating systems and software, including web browsers. Specifically, it is advisable to use operating systems or web browsers that are the latest version or no more than one year old. This includes but is not limited to iOS, Android, and any other operating systems and web browsers that our App supports. Please note that the App may not function properly or at all on older or unsupported operating systems or web browsers. Compatibility may vary based on the device and browser version.
6. We are committed to continually improving and updating our App to enhance your experiences. As such, we will provide updates from time to time although by these information we do not commit ourselves to any particular actions in this respect unless we explicitly confirm so. Updates to our Apps may include improvements, new features or bug fixes, or may exchange one feature with others or limit some features at our discretion (respecting terms paid subscriptions). Some updates may be mandatory for continued use of the App. We will communicate these updates through our update notes within the App or in the respective app stores.

Legal and Ethical use of our App

7. Use our App legally and ethically, whether with a registered account or not. Specifically you are bound by the following terms to ensure lawful and ethical use:
8. By using our App, you confirm you are of legal age or legal power to enter into a binding agreement in your jurisdiction. If you are not of legal age, you confirm that you have obtained consent from your parent or legal guardian to use our App.
9. You agree to provide accurate, current, and complete information and maintain its accuracy at all times. Misrepresentation of your identity or affiliations while using our Services is prohibited. All information you provide is accurate, current, complete, and truthful, and you agree to maintain its accuracy at all times as it helps us in maintaining the reliability and safety of the App, enhances user experience, and safeguards both the users and us from potential legal and security issues.
10. You will use our App in accordance with all applicable laws and regulations. You must not use our App for illegal purposes or to commit illegal, libelous, or tortious acts or any other unauthorized purposes.
11. Under no circumstances should you introduce malicious code capable of jeopardizing the integrity of computer software, hardware, or telecommunications equipment. Distributing viruses or other malicious code via our App is strictly forbidden. It is strictly forbidden to interfere with our App or obstruct the experience of other users.
12. Copying any part of our App, website, or other materials, including but not limited to features, functions, or user interfaces, is expressly prohibited. Similarly, also reverse engineering, attempting to decipher our Services, functionalities, or decompiling the code of the Apps to create your own application, computer program, or other product is prohibited.
13. You are prohibited, without our explicit prior consent, from accessing our App using automated or non-human methods, such as bots, scripts, or any other similar software. Attempting to gain unauthorized access, circumvent usage restrictions, or get around any security measures is strictly prohibited. This excludes authorized access through our API, if applicable and granted. Unauthorized attempts to bypass security measures or access restrictions are strictly forbidden.
14. Our App and Services can be used solely for personal or internal use and must not be used to develop a competing product or service. Additionally, you are not permitted to frame or mirror any part of our App, except for your internal business purposes, that is for purposes other than profiting directly from our App, unless otherwise individually agreed. Participating in activities that may cause us or third parties harm, loss, or damage is strictly prohibited. 
15. You agree and represent to us that entering into and carrying out a contract based on these Terms will not conflict with any other agreements to which you are a party to.
16. You acknowledge that any action taken in violation of the rules outlined in these Terms will be considered a violation of these Terms.

DATA SECURITY AND PRIVACY

9. Our commitment to data privacy and security is outlined in our Privacy Policy, which you can find in our Privacy Policy (https://listonic.com/privacy/), outlines the rules for accessing, storing, and processing the information and personal data we collect, including its use, storage, and sharing procedures.
10. We collect data based on information provided directly by you during the registration process in our App, or based on how you use our App, products and services you decide to purchase, content you read or watch, time spent on specific parts of our App, and other information you produce while using our App, to establish your personal profile and suggest more appropriate content in our App in the future.
11. We also collect data on technical aspects of your use of our App, such as device information and access to our App. We collect data on device type, operating system version, configuration settings, Internet connection information, localization, identification data, and third-party account information if you use our product through a plug-in or social networking integration systems.
12. We collect the information described above for product development, marketing, promotional, and scientific purposes. Within our App’s privacy settings, we may provide users with the option to opt-out of their data being collected for these specific purposes. However, it’s important to note that some data collection purposes are integral to the functioning of our App. Therefore, there are certain aspects of data processing that are essential for using our services. For these purposes, opting out may be not possible – meaning that users must consent to this data processing to utilize the App.
13. We collect non-personally identifiable information about your usage of our App, such as usage patterns, preferences, and aggregated data. This information may be utilized for various purposes, including analysis to improve our services and offerings. While there is the potential for this type of information to be shared with or sold to business partners and individuals conducting scientific or commercial research, especially concerning customer groups and/or Internet usage trends, such sharing or selling is not a regular practice and is done selectively. Such actions are conducted with a strict adherence to privacy standards and – as mentioned above – shared information do not include personally identifiable information like your contact details (e.g., email address).
14. Despite the fact that we perform routine data backups, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we will have no liability to you for any loss or corruption of such data, and you hereby waive any right to sue us if such loss or corruption occurs.
15. Our Services and systems are hosted in various locations. By accessing our App from a region with different data protection laws, you agree to have your data transferred to and processed in a manner, scope and on legal grounds as detailed in the Privacy Policy.

OUR SERVICES

16. Depending on the App’s purpose and specifications, we may offer the following functionalities and/or services via the App:
17. access to the App’s content and functionalities,
18. premium, paid access to certain parts of the App’s content and functionalities,
19. delivery of push notifications and/or email notifications about your use of the App and information related to your use of the App, its functionalities and features, or related events, including special offers for subscribing to our premium services,
20. delivery of push notifications and/or email notifications about in-App actions taken by other users you are co-using certain features of our App with,
21. educational and tutorial push notifications and/or email notifications regarding features of our App and awareness campaigns related to problems that our App is aiming to solve, including health, productivity and wellbeing tips,
22. our newsletters or other marketing communications (for example, push notifications to those who have indicated an interest or consent in other form),
23. transmission of marketing information from us or our partners,
24. advertising and marketing services for our business partners,
25. other similar services related to features of our App.
26. We reserve the right to suspend or modify the App’s functionality at any time.
27. We strive to maintain App uptime but occasional downtimes for maintenance or unforeseen issues might occur. We will make efforts to inform users in advance of planned downtimes.
28. We make no guarantees about the App’s content’s suitability for any particular purpose or use. We make no representations or warranties about the App’s content, graphics, links, or messages’ accuracy, reliability, completeness, suitability, or timeliness.

PAID SUBSCRIPTIONS

Offerings and Payments

20. Our App may come with premium features that may be available (unlocked) only after payment. We primarily collect subscription plan payments through your preferred marketplace (such as in particular, but not limited to: App Store or Google Play). Any concerns or complaints about the payment of your subscription through those channels should be directed to the mobile marketplace of your choice. Please keep in mind that the owner of the mobile marketplace operator is in charge of all related processes, including payment disputes. Nothing in these Terms supersedes payment terms or purchase terms regarding your transaction with a respective marketplace, even though such transaction may concern access to our App’s features. Payments made are final and non-refundable, subject to the terms of the marketplaces that may offer alternative options.
21. We may offer various types of subscription plans, each with its own set of features and prices. All of our current plans and pricing can be found in our App or in the marketplace where you installed our App. You must review and agree to the subscription plan’s terms before selecting it and paying a fee.
22. Depending on the current offers presented in respective marketplaces, you can select one of the following payment options: one-time payment (or “lifetime” subscription), daily, weekly, monthly or annual subscription. Subscriptions may be recurring or non-recurring, depending on a particular offer. We may also enable bundle purchases, in-app purchases, content access purchases and other offerings upon our discretion and depending on development of adequate features of our App.
23. We may offer a limited-time trial period (demo version) of all or some of our subscription plans to our App or paid features, to newly registered users or our current users, at our sole discretion. Particular terms of a trial period access may vary depending on functionalities of respective marketplaces. After the trial period, there’s no obligation to purchase a full subscription plan but depending on trial period offerings’ conditions, when the trial period ends, you may be charged in advance for subsequent subscription periods. The demo version of our subscription plan is intended for evaluation purposes, and thus the usage may be limited. The limitations of the demo version are at our discretion and can be changed at any time. These Terms apply to all uses of our App, whether under a paid subscription or during the demo period. The demo version of our subscription plans is provided “as is” without any warranty of any kind. You acknowledge that the demo version may not represent the full functionality, features, or interface of the fully paid version of our App. To the maximum extent permitted by law, we shall not be liable for any damages, losses, or expenses of any kind arising out of or in connection with your use of the demo version of our subscription plans.
24. We reserve the right to change or discontinue subscription plan offerings (or demo version availability) at any time and without notice. Any changes we make will, however, have no effect on the subscription plan you have already paid for. If our subscription plans change, we may contact you to offer you a different subscription plan in exchange for your current one.
25. Payment options are offered principally by the marketplace operator. If you settle with us directly, we may be accepting all major credit and debit cards, and all payments are processed in currency of your choice (subject to our offers), and you authorize us to collect payment from your preferred method. In any case, it is your responsibility to keep your payment method and related information up to date. Fees are based on the specific subscription plan, not actual usage, and must be paid in full and in advance in accordance with the plan you select.
26. Please note that your access to our App or its paid features can be terminated if payment is unable to be completed or is not made on time, in full or in part. Please be informed that we may rely on payment information or purchases information received from such marketplace operators and when you reinstall the App on another device, you may need to use functions such as restore purchases or similar to access features or contents that you have previously purchased or subscribed for.
27. When you process payments with marketplaces operators, it is their responsibility to settle related taxes and similar payments. If you settle with us directly, unless a specific legal jurisdiction imposes a legal obligation to list a full price with taxes included, the prices of our subscription plans do not include any taxes, levies, duties, or other similar governmental assessments. You are solely responsible for all such charges incurred as a result of your use of our App and services. If you settle with us directly, you may need to provide us with valid tax exemption documentation or a tax ID number if you are exempt from paying certain taxes.

Providing Digital Content and Services

28. You may be purchasing digital content or a digital service when you purchase a subscription plan for our App. After you make a purchase, we will grant you access to your subscription plan once payment for the subscription is confirmed.
29. Terms of trial period (if applicable), cancellation or withdrawal of subscriptions and any refunds (if possible) are subject to conditions presented to you by the respective marketplace operator at the time of purchase or subscribing to our App or its paid features.
30. If you experience any issues with your subscriptions and its features, other than payment or duration or your subscription, please notify us immediately at https://helpcenter.listonic.com/contact/. Please note that we are not responsible for processing payments or refunds when you purchase your subscriptions through third-party marketplaces where we may be offering our Apps.

Renewal and Cancellation of Subscriptions

31. Please note, that when you are entering into a subscription plan for our App or its features via a respective marketplace operator, they shall be informing you on policies of renewing subscriptions. Unless otherwise Each subscription will automatically renew for a period equal to the original subscription term, unless it is canceled by you or us according to these Terms.
32. You can cancel your subscription per the conditions of your subscription plan, through your account settings or specific terms that we have agreed upon in writing. If applicable, the cancellation will take effect at the end of the current billing cycle. Please remember that we have a no-refund policy and previous payments are not eligible for refund under any circumstances.
33. Please be aware that after your subscription has been terminated, all services connected to it will be suspended or stopped. We may, but are not obligated to, keep your account information and settings after your subscription expires in order to restore your account in the future and for business development needs.
34. Obligations under these Terms not fully discharged, along with provisions on intellectual property rights, disclaimers, limitations of liability, indemnification, data retention and portability, dispute resolution, governing law and jurisdiction, among others, will survive subscription cancellation or termination of our agreement.
35. Please note that if you are a consumer under respective consumer protection laws, special legal terms and rights may apply. For example, you may not need to follow cancellation procedures as a consumer and cancel your subscription or be refunded immediately if: (a) it is clear from our statement or circumstances that we will not deliver the digital content or digital service, or (b) we jointly agreed or it is clear from the circumstances of the contract’s conclusion that a specific date for the delivery of the digital content or digital service was of significant importance to the consumer, and we (as the trader) failed to deliver it on time.

Special Terms for Specific Services

36. In addition to these general Terms and subscription plans, special terms may apply to specific services offered in our App. If special terms apply, they will be communicated to you in writing, electronically via our App, or via email. These special terms may address additional conditions or requirements for providing the Services, specific parts of the Services or App’s features, and may partially amend the general Terms, but only to the extent expressly communicated. If there is a conflict between the general Terms and the special terms, the special terms will take precedence.
37. We may introduce and make available new features, products, and services that will be covered by these Terms, unless expressly stated otherwise in specific terms and conditions that govern their use. These features, products, and services will be made available as a separate service and will not be included in ongoing subscription plans (unless otherwise explicitly confirmed by us).

ADVERTISEMENTS, EXTERNAL LINKS, AND USER CONTENT

Advertising and Marketing

38. We allow displaying advertisements in our App by our business partners and other individuals and on their behalf. Please use your device’s settings to control what kind of content can be presented in such sections.
39. Advertisements in our App may be personalized based on your consents, device settings and your usage of the App’s features. We use the information we collect about how you use our App to show you personalized advertisements that we believe you will be interested in.
40. Depending on your consents and devices’ settings, we and our business partners may use cookies or other technologies to track how you use our App and to present you with personalized advertisements on our website or third-party websites or services. Similarly, depending on your consents, devices’ settings and respective laws, you may opt out of having your data used for selected purposes, as per manual of your device, browser and/or our Privacy Policy.
41. We may directly communicate with you via e-mails, notifications in our App, or push notifications sent to your device if this is part or our services within the App (and therefore – upon contractual basis) or with your prior consent, which you may be able to withdraw from respectively – by opting out (unsubscribing), using your device’s settings or within our App functionalities (if such a feature is provided). We may include advertisements for our App as well as products and services from our business partner. After age declaration or verification within our App, we may also be enabling direct communication regarding goods or services with age restrictions, such as alcoholic beverages or energy drinks and other products that may be high in fat, sugar or salt or those that may not be freely advertised in certain jurisdictions. You must abide by all applicable laws regarding age restrictions and the consumption of the respective products relevant for your jurisdiction. We do not promote any specific behavior or encourage you to consume specific products (including some of them referred to above) by allowing third-party advertisers to use the space provided within our App.
42. Advertisements and direct communications of third-party products or services may appear in the app as prompts on product lists, banners, and may be equipped with a function button that allows adding a product to a shopping list. In the free version, these messages are an integral part of our services. By accepting the Terms and using the App for free, you agree to receive marketing communications featuring our partners’ products, primarily fast-moving products and alcoholic beverages (after age verification, if required).

Interactions with Third-Party Services and External Links

43. We hold no responsibility for external links, sites and third-party service or resources may be linked to from our App, systems, website, or emails. We take no responsibility for these external contents, and any interaction with them is entirely at your own risk.
44. Our App may communicate with third-party apps or services. Any data exchange between you and such third-party providers constitutes a direct interaction between you and the provider. We neither endorse nor support these third-party applications or services, regardless of whether they are labeled as “certified.”

User Content

45. You may provide data to our App in forms and formats supported by our systems, primarily as texts, comments, or photos, and in return, you will receive output derived from the data you provide or tailored suggestions. You retain full ownership of all data you input, and we grant you rights to use the App’s output in accordance with these Terms and for purposes appropriate to the App’s or its functionality, excluding any commercial uses. However, by submitting your data to our systems, you grant us permission to collect, store, and process this information. You also confirm that you are using the App solely for personal, not-for-profit purposes (commercial uses for internal business purposes is allowed, with any liability and warranties for fitness of our Apps for any business purposes being hereby explicitly waived).
46. We may use your feedback to improve the quality of our services, particularly the development of our app and the accuracy of its functions and outputs for other users. By posting such feedback, you grant us a non-exclusive license to use and display such content for our business and marketing purposes.

LICENSING, INTELLECTUAL PROPERTY, AND USAGE

Licensing of Intellectual Property Rights

47. No intellectual property rights are assigned or transferred, or claimed to be assigned or transferred, to you under these Terms. Listonic or respective third parties will retain all rights, title, and interest in such property. We expressly state that we make no claim to ownership, responsibility, or intellectual property rights over any content or materials that you provide to us through our App or otherwise.

Ownership of the App Content

48. Unless we expressly agree in writing otherwise, all software, code, databases, lists, digital content, reminders, tracking tools, and other related materials, including but not limited to logos, trademarks, trade names, service marks, slogans, designs, text, graphics, images, information, data, icons, and other files, as well as their selection and arrangement (collectively referred to as “App Content”), are our proprietary property or the property of our licensor. The App Content is protected by copyright, trademark, and other intellectual property laws and rights. Except as expressly stated in these Terms, users have no rights in the App Content, and all rights are reserved by us.

License to Access and Use

49. Our permission to use the App in compliance with these Terms and publishing the App for your use also means that we agree that you will use it. In legal language concerning intellectual property rights this means that we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the App solely for personal, non-commercial purposes. For avoidance of doubt, this license does not include the right to:
50. Sell, resell, license, sublicence, distribute, rent, or lease the App and App Content;
51. Use the App and the App Content for non-personal, for-profit purposes, other than commercial uses for internal business purposes;
52. Distribute, publicly perform, or publicly display any App Content;
53. Modify or otherwise make derivative use of the Services or App Content, in whole or in part;
54. Download (other than page caching) any portion of the App Content, except as expressly permitted by us; 
55. Use the App or App Content for purposes other than those intended for the App.

Prohibition on Unauthorized Use

50. Any use of the App or App Content outside of these Terms is strictly prohibited and gives us the right to terminate the license and/or the agreement, with or without further notice. Unauthorized use may also violate applicable laws, including copyright and trademark laws, as well as applicable communications regulations and statutes.

No Implied Rights

51. Unless expressly stated otherwise, nothing in these Terms shall be construed as granting you any right or license to any Listonic or third-party patent, trademark, copyright, or other proprietary rights, whether by estoppel, implication, or otherwise.

Right to Monitor App Usage

52. We reserve the right, but not the obligation, to monitor the use of our systems and App for potential violations of these Terms. We reserve the right to take appropriate legal action against any individual or entity who violates the law or these Terms in our sole discretion. Among the actions that may be taken are, but are not limited to, reporting such users to law enforcement authorities.
53. We reserve the right, in our sole discretion and without limitation, to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your account’s functionalities. We reserve the right, without limitation, notice, or liability, to remove from our systems any files or content that are abusive, excessively large in size, burdensome to our systems, or violate these Terms. We also have the ability to manage our App as needed.
54. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of our App to any individual or entity for any reason (including blocking specific IP addresses). Reasons can include, but are not limited to, a breach of any representation, warranty, or covenant contained in these Terms or a violation of any applicable law or regulation. In such cases, we also reserve the right to terminate our subscription agreement with you and delete your account at our sole discretion.
55. If we terminate or suspend your account for any reason, you are strictly prohibited from registering and creating a new account in your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, which may include civil, criminal, and injunctive redress.
56. You confirm that we are not required to monitor usage of our App, particularly possible infringement of your rights by other users. We are not required to take legal action against users if you do not file a complaint and provide proof of your rights and infringements by that user.

COMPLIANCE AND VIOLATIONS

Consequences of Terms Violations

57. If you violate any of these Terms, we reserve the right to suspend or terminate your account and access to our App without prior notice. You may also be denied any and all current or future use of our App and Services.
58. If you’re found in breach of these Terms before the end of a subscription period for which you have already fully paid, you will not be entitled to a refund, and you shall lose access to our App’s paid functionalities.
59. In the interest of ensuring the integrity, security, and quality of our App, we retain the discretion to suspend, terminate, or refuse your use of our services if we find that your use of our App exceeds fair use policies and/or these Terms.
60. If we decide that your content is illegal or contrary to these Terms, we might limit your access to our services, delete that content, suspend your account or delete it. We will inform you about our decision, actions we’ve taken regarding that content or your account, reasons for our decision and ways you can appeal from it. You might always appeal from our decision to us, presenting reasons for which you think the content was not illegal or contrary to these Terms. We will respond to your appeal in 14 days. You may also settle the dispute using out-of-court dispute settlement or in courts in applicable procedure or competent Digital Services Coordinator.

Suspension and Termination

61. Should we suspect a violation of these Terms or any applicable law, or if your actions are perceived as harmful to our App or its users, we may suspend your access and conduct an investigation. The resumption of services, after such suspension, is solely at our discretion, and you are not entitled to financial compensation for any interruptions during this period.
62. While these Terms become effective the moment you start using our App and remain so until you stop using our App or until your active subscription with us concludes, we retain the right to terminate your subscription for any reason, provided we give you 30 days’ notice. Immediate termination can occur if you commit a material violation of these Terms, pose a security risk, engage in fraudulent activity, or expose us or any third party to liability.

DISCLAIMERS AND LIABILITIES

No Warranties

63. We only provide our Services and App and their features as-is and as-available under these Terms, and these may change over time. You agree that your use of the site and our services is entirely at your own risk, with all faults and without any express, implied, statutory, or other representations or warranties. We will have no liability for any contents created, stored, or transmitted through our App.
64. We make no representations or warranties about the accuracy of the App Content nor make any warranties about our App and website, their content, or any App Content, including any and all warranties of fitness for a particular purpose, non-infringement, and any and all warranties arising from course of dealing and usage of trade.
65. We make no guarantees that our Apps, Services, App Content, or any other products and services will meet your needs, be interoperable, or be accurate, reliable, available, accessible, uninterrupted, timely, secure, or operate without error. Neither do we guarantee that they will be available to you at all times. This includes not being liable for any downtimes of our services or the app that may occur for technical reasons or due to any events that are considered to be acts of force majeure.
66. We make no guarantees or representations about the results that may be obtained from the operation, use, or other exploitation of our Services, our App and websites, their contents, or the App Content. We will not be liable for any personal injury or property damage of any kind caused by your access to and use of the site, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, trojan horses, or the like transmitted to or through the App or our website by any third party.
67. We do not warrant, endorse, guarantee, or accept responsibility for any product or service advertised or offered by a third party via our App, any hyperlinked website, or any website or mobile application featured in any banner or other advertising or via email or push notifications, and we will not be a party to or be responsible for monitoring any transaction between you and any third-party providers of products or services. You should use your best judgment and exercise caution when purchasing a product or service through any medium or in any environment.

Indemnification by the User

68. You agree to defend, indemnify, and hold harmless us, including our subsidiaries and affiliates, as well as all of our respective officers, agents, partners, contractors, and employees, representatives, predecessors, successors, and assigns, from and against any loss, damage, liability, claim, or demand made by any third party as a result of or arising from your use of our App (including any leads or leads generated by our App). Regardless, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. When we become aware of any such claim, action, or proceeding that is subject to this indemnification, we will use reasonable efforts to notify you.

Limitations on Liability

69. You will not be able to hold us liable for any incidental, exemplary, consequential, indirect, punitive, or special damages (including without limitation damages for loss of business, loss of profits, loss of use, or emotional distress), whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
70. Under no circumstances will we be liable for any indirect, special, or consequential damages or loss of profits. We will also not be held liable for any disruptions, inability to use, or damages resulting from a failure to implement security measures.
71. We accept no liability for third-party, user, or advertisement content posted on the App or presented in conjunction with the App’s functionalities.

Maximum Liability

72. In no event will our total liability to you for a single incident exceed the amounts we received from you in 3 months preceding the incident. Our total aggregate liability to you will never exceed the total amount of payments we receive from you. If we breach any of our warranties to you herein, your sole and exclusive remedy is to cancel your subscription and receive a refund of your payment.

GENERAL PROVISIONS

Notices

73. Using the App functionalities to communicate (when applicable), sending us emails, and filling out online forms are all examples of electronic communications. You agree to receive electronic communications and acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically through email and our website satisfy any legal requirement that such communication be in writing. You also agree to use electronic signatures, orders, and other records, as well as email notices, policies, records, bills, and invoices. Any rights or obligations arising from any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credit granting by any means other than electronic means. Such electronic delivery will be deemed delivered on the first day after the day it was sent. You understand that it is your responsibility to update your contact information as soon as they change.

Complaints Procedure

74. If you wish to lodge a complaint about our App, any of our services, or another user who is infringing your rights, or content illegal or in any way contrary to these Terms please contact us at https://helpcenter.listonic.com/contact/ with as much detail as possible, including screenshots of the problem, html links if possible, and any other information that may assist us in resolving the issue. You may file a complaint anonymously but we reserve a right to refuse to process an anonymous complaint that refers to any legal claims or enforcement of rights and others that require verification of authenticity.
75. Your complaint on illegal or contrary to these Terms content should include your name and email address, description of the content, its URL address, reasons for why you think this content is illegal or contrary to these Terms. You should also assure us that You lodge that complaint in good faith and not only to interfere with someone’s content. We will respond to your complaint in 14 days after receiving it, if you will not agree with your decision you can appeal to Digital Services Coordinator or resolve the dispute in out-of court dispute settlement or in courts in applicable procedure.If we are unable to resolve the problem based on the information you have provided, we may contact you for additional information. We will stop dealing with the matter if you do not deliver such information within the time frame specified by us via email communication.
76. In all other cases, we will respond to your complaint within 14 days, using the email address from which it was sent.

Assignment

77. Neither party may assign any of its rights or obligations under this agreement, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, that either party may assign the agreement in its entirety (including all subscription plans), without the other party’s consent, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or severance. Subject to the foregoing, the agreement binds and insures the parties, their respective successors, and permitted assigns.

Severability

78. If any term, clause, or provision of these Terms is deemed invalid or unenforceable, that term, clause, or provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

No Waiver

79. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Language

80. Our Services are primarily provided in English, which is also the language of our customer support. While we may offer translations of our services into other languages, these are provided for convenience only and may be generated through machine translation tools or by community contributions. It’s important to note that these translations are not intended to target specific markets or regions. We cater to users who are proficient in English, and the accuracy or appropriateness of any translation into other languages is not guaranteed. By using our Apps and Services, you acknowledge this limitation and agree that our interactions, support, and communications will be conducted in English as a main language.

Governing Law

81. These Terms and your use of the App are governed and construed in accordance with the laws of the Republic of Poland, subject to any consumer protection laws that apply in your jurisdiction, provided that we are explicitly offering our Services to consumers in that jurisdiction. While these Terms aim to be fully compliant, relevant consumer laws will take precedence over these Terms in case of discrepancies between the law and these Terms.

Dispute Resolution

82. To expedite resolution and keep the cost of any dispute, controversy, or claim related to these Terms brought by either you or us under control, we will first attempt to negotiate any such dispute, controversy, or claim informally for at least thirty (30) days before initiating court proceedings. Unless otherwise required by applicable consumer laws, claims will be brought exclusively in competent courts in Łódz, Poland.

Amendments

83. We may amend these Terms at any time by posting a revised version on our website, or if an update materially affects your rights or obligations under these Terms, we will notify you by emailing the email address associated with your account or by providing an in-product notification. Unless we expressly introduce material changes to these Terms that will be effective prior to the end of your current billing cycles and will have an adverse effect on your rights under our agreement, you will have the right to cancel your subscription within a certain timeframe, as communicated to you via respective marketplace or in a respective offer. But otherwise any change to the Terms will only apply to new subscription periods or agreements with us and therefore – will not be a cause of termination without notice. If you use the paid version of our subscription plans, those changes will take effect no sooner than 7 days after we notify you, with effect on the first day of the next billing cycle, unless we are providing new features and upgrades of the App that we will be able to implement to the App at all times, with immediate effect. All other modifications will take effect immediately. Your continued use of the App following any change indicates that you agree to such change.

CONTACTS

Listonic Sp. z o.o.
ul. Piotrkowska 99
90-425 Lodz
POLAND
[email protected]