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terms-of-service

Terms and Conditions for the use of the Wishgram System

§ 1
General provisions

  1. These Regulations, hereinafter referred to as “Regulations”, set out the rules for the use of the electronic Wishgram System.
  2. These Regulations are the rules and regulations for the provision of services by electronic means, as referred to in Article 8(1)(1) of the Electronic Services Act.
  3. Wishgram system: graphical appearance, software, codes and database are subject to legal protection.
  4. The use of the System provided by Wishgram. is subject to payment. The rules of payment for the use of the System are defined in the Price List attached to these Regulations.
  5. These Terms and Conditions, together with the Privacy Policy and the DPA Information Clause, are made available to Service Recipients at www.wishgram.app in a manner that allows them to download, save, record and print them.
  6. Each Service Recipient is required to read the Terms and Conditions, and Wishgram’s Privacy Policy.
  7. By using the Site, including placing orders for the offered Wishgram System, the Customer confirms that he/she has read the content of these Terms and Conditions, accepts the provisions contained therein and agrees to abide by them. Failure to accept the Terms and Conditions prevents placing an order and using the System.

§ 2
Explanation of Terms – Definitions appearing in these Regulations mean:

  1. WISHGRAM – a web-based application, hereafter referred to as SYSTEM or PROGRAM, which is a software for comprehensive production control and management.
  2. PRICE LIST – the price list of Services provided by Wishgram. constituting an appendix to these Regulations.
  3. DEMO VERSION – the System made available free of charge, exclusively for promotional, presentation and testing purposes with the intention of familiarizing potential service recipients with the mechanism of operation and allowing them to test the functionality of the System.
  4. ONLINE FORM – is a functionality that allows you to send your personal data to the System in order to create an account and accept the Terms and Conditions, which is tantamount to concluding a contract for the provision of electronic services with Wishgram.
  5. SERVICE – means the provision of the offered System and the provision of technical and substantive support by the Service Provider.
  6. WISH COLLECTION FUNCTION – The main functionality of the system to save photos and texts by the system.
  7. SERVICE PROVIDED ELECTRONICALLY – the performance of the Service provided without the simultaneous presence of the parties (at a distance) to the Service Recipient, through the transmission of data at the individual request of the Service Recipient, transmitted and received by means of devices for electronic processing, including digital compression, and storage of data, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of July 16, 2004. – Telecommunications Law.
  8. AGREEMENT – an agreement for the provision of Services by electronic means, concluded remotely between the Service Provider and the Customer, the subject and content of which are determined by the provisions of these Regulations and information on the services offered.
  9. SERVICE PROVIDER – Julia Chrzanowska entrepreneur providing access service to the Wishgram System.
  10. SERVICER – an entity that uses the Services under the Agreement for purposes directly related to its economic or professional activity, which is not a Consumer.
  11. LOGIN – a string of characters used to identify the Customer logging into the System.
  12. PASSWORD – a string of characters, the entry of which by a person marked with a login allows the use of the account.
  13. REGISTRATION – creation of an Account for the System’s Service Recipients.
  14. ACCOUNT – the possibility for the Customer to access the System after being assigned a login and password by the Service Provider on the basis of a properly completed online form.

§ 3
Technical Requirements for the Wishgram System

  1. The Service Provider sets the minimum technical requirements for the use of the System.
  2. Use of the System requires:
    • Internet connections
    • computer, tablet or smartphone equipped with a web browser.

§ 4
Use of the Website

  1. As part of the Website, the Service Provider allows the Customer to: a. learn about the Services, b. create and maintain a Customer Account, c. place orders for the Services and use the Services, d. send a message via the contact form.
  2. By accepting these Terms and Conditions, the Service Recipient agrees in particular to: a. respect the prohibition on the provision of unlawful content, which includes, but is not limited to: the prohibition on posting content that is offensive, untrue, immoral, violating decency, promoting violence and hatred, b. not to take actions aimed at interfering with the functioning of the Website and coming into possession of information and data not intended for the Service Recipient, c. not to take other actions that would be inconsistent with applicable laws, good morals or violate the rights and personal interests of the Service Provider and third parties.
  3. The Client agrees to use the content posted on the Website solely for his own use and for the purpose of executing the concluded Agreement. Use of the resources and functions of the Website for other purposes requires the separate, prior and written consent of the Client.
  4. If the Client, using the Website, commits violations of the Terms and Conditions or applicable laws, or otherwise acts to the detriment of the Service Provider and/or third parties, the Service Provider may restrict the Client’s access or terminate the Client’s access to the Website with immediate effect. The Service Recipient will be immediately informed of the measures taken. Obtaining repeated access to the Website requires the Service Provider’s prior consent.
  5. In the event of the occurrence of an event referred to in paragraph 4 above, the Client must take immediate action to remove the reason for the restriction or blocking of access to the Client’s Account, otherwise the Service Provider is entitled to terminate the Agreement with immediate effect without notice.
  6. The Service Provider shall provide the Services continuously 7 days a week subject to the provisions of paragraph 7 below.
  7. The Service Provider reserves the right to temporarily suspend access to the Website due to the need for maintenance or repair work, as well as for modernization or reconstruction of the Website. The Service Provider will endeavor to ensure that interruptions in access to the Website do not inconvenience Service Recipients. Information about the planned temporary suspension of the Website will be communicated to Service Recipients electronically at the e-mail address provided at registration or through the Service Recipient’s Account.
  8. The Service Provider is not responsible for interruptions in access to the Website when they are caused by force majeure (fire, natural disasters, epidemics), failures of the Service Recipients’ equipment, power outages or Internet connectivity, unauthorized interference by the Service Recipients or third parties, or malfunctions of telecommunications systems and software installed on the Service Recipients’ computer equipment.

§ 5
Payments

  1. The Service Recipient shall pay for the Service in advance in accordance with the Price List at the time of placing the order or by the date indicated on the ProForma invoice for Services renewed for the next Billing Period Otherwise, the Service Provider shall have the right to withdraw from the Agreement and cancel the order.
  2. If a particular variant of the Service is not specified in the applicable Price List, the Client is bound by the individualized price list (corresponding to the content of a separate agreement with the Service Provider).
  3. The service provider allows you to make payments in the forms of quick transfer processed by Stripe.
  4. The moment of payment is – depending on which comes first – the date of confirmation of payment by Stripe or posting of the payment on the Service Provider’s bank account.
  5. Any changes to the Subscription Fees will be announced on the Site by publishing the current Price List.
  6. An amendment to the Price List shall not change the amount of Subscription Fees paid by Service Recipients under the Agreement concluded before the publication of the amended Price List.

§ 6
Service provider’s obligations

  1. The Service Provider shall provide paid access to the System in accordance with the tariff plan selected by the Customer as specified in the Price List from registration.
  2. The service provider undertakes to promptly repair defects that prevent or impede access to the Site.
  3. In the case of use of the Demo version of the System due to the test nature of the service, to the extent permitted by the mandatory provisions of law, liability for damages
  4. The Service Provider for damages arising out of or in connection with the use of the Demo version is excluded.
  5. The Service Provider undertakes to use the personal data provided by the Customer only for the purposes and to the extent specified in paragraph 7 of these Regulations.

§ 7
Data protection

  1. The Customer, by providing personal data at the time of registration, consents to their processing for the purpose of performing the services of the System.
  2. The system administrator ensures data security in accordance with the implemented Privacy Policy.
  3. The Information Clause and Privacy Policy can be found at www.wishgram.app
  4. In the event that the performance of services by the Service Provider to the Client will require the Client to entrust the Service Provider with the processing of personal data of which the Service Provider is the controller within the meaning of Article 4(7) of the RODO, or in the event that the Client is a data processor within the meaning of Article 4(8) of the RODO, a personal data processing entrustment agreement is required to be signed in accordance with Article 28 of the RODO. The Customer, as a controller of the data of its employees and contractors, is required to submit a personal data processing agreement, detailing the categories of personal data processed, for the Service Provider’s signature.

§ 8
Obligations of the Service Recipient

  1. The Service Recipient is obliged to use the System in accordance with the provisions of the law and these Regulations.
  2. The recipient is obliged to provide true personal information to the Service Provider.
  3. The recipient is obliged not to share the login and password to the System with third parties and/or entities.
  4. Demo version of the System can be used only for testing the service. Commercial use is prohibited.

§ 9
Termination of Agreement

  1. The termination of the Service Agreement will occur at the end of the period for which the Service was purchased and the failure to continue the Agreement for a further period in accordance with the Price List.
  2. The Service Provider shall have the right to terminate the Agreement without notice in the following cases: a. if the Client provides false and incomplete data necessary for the execution of the Agreement, b. if the Service Provider has a reasonable suspicion or finds that the Client is using the Service in a manner inconsistent with these Terms and Conditions, or in a manner that violates generally applicable laws, or in a manner that violates the rights of third parties, including, in particular, if the Client violates the obligations specified in § 4.2 of these Terms and Conditions, or in the situation referred to in § 4.5 of these Terms and Conditions.

§ 10
Disclaimer of Service Provider’s Liability

  1. The Company shall not be liable for the actions of the Customer and third parties who commit violations of the provisions of these Regulations and the law.
  2. Failure by the Client to familiarize himself with these Terms and Conditions shall not give rise to any liability on the part of the Service Provider.

§ 11
Final provisions

  1. Any complaints regarding the use of the System should be sent to the email address kontakt@wishgram.app.
  2. The Service Provider will endeavor to respond to complaints within 14 days of their receipt. The Company will inform the Service Recipient submitting the complaint of the outcome of the complaint via e-mail to the e-mail address provided in the complaint submission.
  3. The Service Provider reserves the right to negatively consider a claim if the Service Recipient uses the wish collection function.
  4. The Service Provider reserves the right to make changes to the provisions of the Terms and Conditions.
  5. In the event of changes to the Terms and Conditions, their delivery to the Service Recipient will be done by posting them on www.wishgram.app.
  6. The regulations are effective as of 01/12/2023.
  7. Annexes to the Regulations are an integral part of the Regulations.
  8. In matters not regulated by the Regulations, the provisions of generally applicable law shall apply.
  9. Any disputes under these Regulations will be resolved through amicable negotiations, and in case of failure to reach an agreement – before a common court with jurisdiction over the Service Provider’s headquarters.

RODO INFORMATION CLAUSE – PERSONAL DATA

Pursuant to Article 13 of EU Regulation 27 2016/679 of April 2016 (hereinafter RODO), we inform you that the Data Controller is: Julia Chrzanowska. Contact information for the Data Protection Administrator: kontakt@wishgram.app. We inform that the Data Protection Inspector has not been appointed.We inform that personal data is processed for the purpose of concluding and implementing the provisions of these Terms and Conditions in connection with the provision of services specified in these Terms and Conditions. The legal basis for the processing of personal data is the acceptance of the provisions of the Regulations – Article 6(1)(b) RODO. Please be informed that providing personal data is a contractual condition and is necessary to conclude and implement the provisions of the Terms and Conditions, and their failure to do so will result in the inability to provide the services specified in the Terms and Conditions. Please be informed that personal data may be processed for purposes related to the assertion of claims as a result of the implementation of the provisions of the Regulations. The legal basis for the processing of personal data is Article 6(1)(b) and Article 6(1)(f), whereby activities undertaken for the purpose of asserting claims as a result of the implementation of the provisions of the Terms and Conditions are considered a legitimate interest. We inform you that the provision of personal data is a contractual condition and is necessary for the parties to pursue claims arising from the implementation of the provisions of the Regulations, and their failure to do so will result in the inability of the parties to pursue potential claims. We inform that the Data Administrators process personal data to the extent necessary to conclude and implement the provisions of these Terms and Conditions and to the extent necessary to pursue claims arising from the implementation of the provisions of these Terms and Conditions. We inform you that personal data may be disclosed (i) to state authorities only under applicable laws or (ii) to recipients of personal data or (iii) to third parties based on Article 28 RODO – entrustment of personal data processing. The list of entities to which personal data are or may be disclosed in the implementation of the provisions of these Regulations is available upon request. The categories of recipients of personal data to whom personal data may be or are disclosed are entities or persons providing services on the basis of sole proprietorships, providing technical/technological solutions or services necessary for the proper functioning of the Wishgram System. We inform you that personal data is not transferred to a third country (i.e. outside the European Economic Area). We inform you that the period for which personal data are or may be processed: (i) for the purpose of concluding and implementing the provisions of the Terms and Conditions in connection with the provision of the services set forth in the Terms and Conditions – for the period resulting from currently applicable laws. The minimum period shall be set for a period in accordance with the currently applicable laws, with no less than 6 years starting from the date of acceptance of the Regulations in connection with the services provided under these Regulations – this period may change as a result of changes in the applicable laws; (ii) for the purposes of inquiring into claims as a result of the implementation of the provisions of the Regulations – the minimum period shall be set for a period in accordance with the currently applicable laws, with no less than 6 years – this period may change as a result of inquiring into claims by the parties. We would like to inform you about the right to request from the Data Controllers to access personal data concerning the data subject to correct, delete or restrict processing, or the right to object to processing, as well as the right to data portability.

We inform you of the right to file a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection in Warsaw. Contact details to the supervisory authority: Office for the Protection of Personal Data, 2 Stawki Street, 00-193 Warsaw, or through the contact details available on the authority’s website: https://uodo.gov.pl/pl/p/kontakt. We inform you that no automated decision-making, including profiling, takes place in connection with the conclusion and implementation of the provisions of these Regulations. Please be informed that the Data Controllers do not plan to process your personal data for purposes other than those indicated above. If there are other purposes, the Data Controllers will inform you about these purposes in a separate communication. Please be informed that in order to protect your privacy and personal data, the Data Controllers have implemented appropriate technical and organizational measures to ensure the security of the processing of your personal data. Further information on the processing of personal data is available in the Privacy Policy, located at the link: wishgram.app/privacy-policy/. The content of this information clause in accordance with Article 13 of the RODO applies to customers who are natural persons acting on the basis of a sole proprietorship or who are natural persons using the services of the Data Controllers (Recital (14) of the Preamble of EU Regulation 2016/679 of April 27, 2016: The protection provided by this Regulation should apply to individuals – regardless of their nationality or place of residence – in connection with the processing of their personal data. This Regulation does not apply to the processing of personal data relating to legal persons, in particular companies that are legal persons, including data about the company and legal form and contact data of the legal person).