TERMS AND CONDITIONS

The last update: 01 January 2025

AGREEMENT WITH OUR LEGAL TERMS AND CONDITIONS

We are. ECOFACTOR Spółka z Ograniczoną Odpowiedzialnością (SPÓŁKA Z O.O.) ("Company", "we", "us" or "our"), a company incorporated in Poland at ul. Spadochroniarzy 10/122, Gdańsk, Pomorskie 80-244. Our VAT number: PL8792738397.

We manage the website https://ecofactortech.com/ (the "Site"), the mobile application ECOFACTOR Network (the "Application"), as well as any other related products and services that refer to these legal terms and conditions (collectively, the "Services").

Our platform offers a complete solution for managing electric vehicle charging. This includes a web-based operator dashboard for business customers managing their charging stations, a public website for user interaction, and a mobile app for seamless EV charging for end users.

You can contact us by email at [email protected] or by post to ul. Spadochroniarzy 10/122, Gdańsk, Pomorskie 80-244, Poland.

These Legal Terms constitute a legally binding agreement between you, whether individually or on behalf of a legal entity ("you"), and ECOFACTOR Spółka z Ograniczoną Odpowiedzialnością (SPÓŁKA Z O.O.) regarding your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Legal Terms and Conditions. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS AND CONDITIONS, YOU ARE STRICTLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USING THEM IMMEDIATELY.

Additional terms and conditions or documents that may be published on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to change or modify these Legal Terms from time to time. We will notify you of any changes by updating the "Last Updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms periodically for updates. You will be bound by and deemed to be aware of and to have accepted the changes in any revised Legal Terms by continuing to use the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

OUR SERVICES
USE OF CHARGING STATIONS
INTELLECTUAL PROPERTY RIGHTS
USER STATEMENTS
USER REGISTRATION
PURCHASES AND PAYMENT
SUBSCRIPTIONS
SOFTWARE
PROHIBITED ACTIONS
USER-GENERATED CONTRIBUTIONS
CONTRIBUTION LICENCE
MOBILE APPLICATION LICENCE
THIRD-PARTY WEBSITES AND CONTENT
ADVERTISERS
SERVICE MANAGEMENT
PRIVACY POLICY
COPYRIGHT INFRINGEMENT
TERM AND TERMINATION OF VALIDITY
MODIFICATIONS AND INTERRUPTIONS
REGULATORY LEGISLATION
DISPUTE RESOLUTION
CORRECTION
DISCLAIMER OF LIABILITY
LIMITATION OF LIABILITY
COMPENSATION FOR DAMAGES
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
SMS MESSAGE
USERS AND RESIDENTS OF CALIFORNIA
OTHER
CONTACT US

1. OUR SERVICES

The information provided through the use of the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation or that would require us to register in any way with any such jurisdiction or country. Accordingly, individuals who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.

Electrical safety standards - compliance with IEC/ISO standards and other applicable safety regulations for charging stations to ensure safe and reliable operation. Data protection laws - Compliance with the GDPR (for users in the EU) and other relevant data protection laws and privacy regulations to protect user data and ensure lawful processing. Compliance with payment rules - compliance with global financial transaction laws and regulations, including PCI DSS standards for secure and encrypted payment processing. Environmental standards - Ensuring that charging infrastructure complies with local and international environmental regulations, promoting sustainable development and minimising environmental impact.

2. USE OF CHARGING STATIONS

The procedure and rules for the use of charging stations for charging electric vehicles are available at website are an integral part of this Agreement.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We own or license all intellectual property rights in and to our Services, including all source code, databases, functionality, software, website design, audio, video, text, photographs and graphics in the Services (collectively, the "Content"), and the trademarks, service marks and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property and unfair competition laws) and international treaties in the United States and around the world.

Content and Marks are provided on or through the Services "AS IS" for your use only personal, non-commercial use or for internal business purposes.

Your use of our Services

Subject to your compliance with these Legal Terms, including section "PROHIBITED ACTS" below, we grant you a non-exclusive, non-transferable, revocable licence on:

access to the Services; and
downloading or printing a copy of any part of the Content that you have lawfully accessed for your sole personal, non-commercial use or for internal business purposes.

Except as set forth in this section or in our other Legal Terms, no part of the Services, nor any Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to use the Services, Content or Marks in a manner other than as set out in this section or in our other Legal Terms, please send your request to: [email protected]. If we ever grant you permission to publish, reproduce or publicly display any portion of our Services or Content, you must identify us as the owner or licensor of the Services, Content or Marks and ensure that any copyright or proprietary notice appears or is visible when you publish, reproduce or display our Content.

We reserve all rights not expressly granted to you in these Services, Content and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the section "PROHIBITED ACTS" before using our Services to understand (a) the rights you grant us and (b) your obligations when you post or upload any content through the Services.

Submission: By directly sending us any question, comment, suggestion, idea, feedback or other information about the Services ("Submission"), you agree to assign to us all intellectual property rights in such Submission. You agree that we will own the Submission and will be free to use and distribute it in any manner we choose for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

Contributions: The Services may invite you to chat with, contribute to, or participate in blogs, message boards, online forums, and other functionalities during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including, but not limited to, text, writing, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is published publicly will also be considered a Contribution.

You understand that the Contributions may be available to other users of the Services and possibly through third-party websites.

When you post a Contribution, you grant us a licence (including the use of your name, trademarks and logos): By posting any Contributions, you grant us an unrestricted, perpetual, irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, worldwide right and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, extract (in whole or in part) and exploit your Contributions (including, without limitation, your image, name and voice) for any purpose, commercial, promotional or otherwise, to create derivative works from or incorporate into other works your Contributions, and to public licenceprovided in this section. Our use and distribution may be in any media format and through any media channel.

This one licence includes our use of your name, business name and franchise name, if applicable, and any trademarks, service marks, trade names, logos and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us a Submission and/or publishing Contributions through any part of the Services or by making Contributions available through the Services by linking your account through the Services to any of your social media accounts, you:

confirm that you have read and agree to our "PROHIBITED ACTIONS" and will not post, submit, publish, upload or transmit through the Services any Submission or publish any ContributionThe Company does not accept any content that is unlawful, harassing, hateful, harmful, defamatory, obscene, bullying, offensive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, misleading or deceptive;
to the extent permitted by applicable law, waive any and all moral rights to such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to make such Submissions and/or Contributions and that you have the authority to grant us the above rights in relation to your Submissions and/or Contributionsand
warrant and represent that your Submissions and/or Contributions are not confidential information. You are solely responsible for your Submissions and/or Contributionsand you expressly agree to indemnify us for any and all damages we may incur due to your violation of (a) this section, (b) the intellectual property rights of any third party, or (c) applicable law.

We may remove or edit your Content: Although we are under no obligation to monitor any Contributions, we will have the right to remove or edit any Contributions at any time without notice if, in our reasonable opinion, we believe such Contributions are harmful or in violation of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

4. USER STATEMENTS

By using the Services, you represent and warrant that: (1) all registration information you provide will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to be bound by these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services by automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any unlawful or unauthorised purposes; and (7) your use of the Services does not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any current or future use of the Services (or any part thereof).

5. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change your chosen username if we determine, in our sole discretion, that such username is unacceptable, obscene or otherwise undesirable.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

Visa
Mastercard
Google Pay
Apple Pay

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Services. You also agree to update your account and payment information promptly, including your email address, payment method and payment card expiration date, so that we may complete your transactions and contact you as necessary. Sales tax will be added to the price of purchases as deemed necessary by us. We may change prices at any time. All payments will be made by in USD, EUR, UAH, UZS, PLN.

You agree to pay all fees at the prices in effect at the time of your purchases and any applicable delivery charges, and you authorise us to charge your chosen payment provider for any such amounts when you place your order. We reserve the right to correct any errors or inaccuracies in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to restrict or prohibit orders that we determine, in our sole discretionThe companies listed on the website appear to be hosted by dealers, resellers or distributors.

7. 7.

Invoicing and renewals

Your subscription will continue and automatically renew if you do not cancelled. You agree that we will charge your payment method on a recurring basis without your prior approval for each recurring payment until you cancel the relevant order. The length of your billing cycle will depend on the type of subscription plan you select when you subscribe to the Services.

Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are dissatisfied with our Services, please email us at [email protected].

Changes in tariffs

We may make changes to the subscription fee from time to time and will notify you of any price changes in accordance with applicable law.

8. SOFTWARE

We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by an EULA, then we grant you a non-exclusive, revocable, personal and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You assume all risk arising from the use or performance of any software. You may not reproduce or distribute any software except in accordance with the EULA or these Legal Terms.

9. 9.

You may not access or use the Services for any purpose other than the purpose for which we provide the Services. The Services may not be used in connection with any commercial goalsexcept those specifically approved by us.

As a user of the Services, you agree not to:

Systematically obtain data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
Deceive, scam or mislead us and other users, especially in any attempt to learn confidential account information such as user passwords.
Circumvent, disable or otherwise interfere with the security features of the Services, including features that prevent or restrict the use or copying of any Content or provide restrictions on the use of the Services and/or the Content contained therein.
Disparage, defame or otherwise cause harm in our opinion to us and/or the Services.
Use any information obtained from the Services to harass, abuse or harm another person.
Misuse our support services or send false reports of abuse or misconduct.
Use the Services in a manner contrary to any applicable laws or regulations.
To carry out unauthorised framing or linking to the Services.
Upload or transmit (or attempt to upload or transmit) viruses, trojan horses or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or that alters, impairs, disrupts, modifies or interferes with the use, function, operation or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining tools, robots or similar tools.
Remove copyright or other proprietary notices from any Content.
Attempt to impersonate another user or person or use another user's username.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphic exchange formats ("gifs"), 1×1 pixels, web beacons, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Interfere with, disrupt, or impose an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate or threaten any of our employees or agents involved in providing any part of the Services to you.
Attempt to circumvent any measures of the Services designed to prevent or restrict access to the Services or any part thereof.
Copy or adapt the software of the Services, including but not limited to Flash, PHP, HTML, JavaScript or other code.
Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any software that makes up or is in any way incorporated into the Services.
Except as a result of standard use of search engines or internet browsers, use, launch, develop or distribute any automated system, including without limitation any spider, robot, deception utility, scraper or offline reader, that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
To carry out any unauthorised use of the Services, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false drives.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or Content for any profitable activity or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
Misuse of charging stations or equipment.
Unauthorised access to operator functions.
Engaging in fraudulent activities.
Tampering with the code or functions of an application.

USER-GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to or participate in blogs, message boards, online forums and other functionalities, and may provide you with the ability to create, submit, post, display, transmit, perform, publish distribute, or broadcast content and materials to us or on the Services, including, but not limited to, text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "content", "Contributions"). Contributions may be available to other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:

The creation, distribution, transmission, public display or performance of, or access, downloading or copying of, your Contributions does not and will not violate any proprietary rights, including but not limited to any copyright, patent, trademark, trade secret or moral rights of any third party.
You are the creator and owner of or have the necessary licencesrights, consents, permissions and authorisations to use and to authorisations you grant us, the Services and other users of the Services the right to use your Contributions in any way provided for by the Services and these Legal Terms.
You have the written consent, authorisation and/or authorisation from each identifiable person in your Contributions to use the name or image of each such identifiable person to ensure that your Contributions are included and used in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of spam.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, or harassing, defamatory, defamatory, or otherwise unacceptable (as defined by us).
Your Contributions do not ridicule, mock, humiliate, intimidate or offend anyone.
Your Contributions will not be used to harass or threaten (within the legal meaning of those terms) any other person or to encourage violence against a particular person or class of people.
Your Contributions do not violate any applicable law, regulation or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law regarding child pornography or are otherwise intended to protect the health or welfare of minors.
Your Contributions do not contain any offensive comments related to race, national origin, gender, sexual orientation or disability.
Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation. Any use of the Services that violates the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services, you automatically grant and represent and warrant that you have the right to grant us an unrestricted, perpetual, irrevocable, worldwide, perpetual, non-exclusive, transferable, royalty-free, fully paid-up, right and licence to post, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retransmit, archive, store, cache, publicly perform, publicly display, reformat, translate, extract (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, promotional or otherwise, and to create derivative works from or incorporate into other works such Contributions, and to make available and authorise publications of the above. Use and distribution may take place in any media format and through any media channel.

This one licence will extend to any form, media or technology now known or developed in the future and includes our use of your name, company name and franchise name, if applicable, and any trademarks, service marks, trade names, logos and personal and commercial images you provide. You waive all moral rights in your Contributions and warrant that no moral rights are otherwise claimed in your Contributions.

We do not claim any ownership of your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to indemnify us for any and all liability and to hold us harmless from any legal action against us in respect of your Contributions.

We shall have the right, in our sole and absolute discretion, to (1) edit, reduce or otherwise modify any Contributions; (2) reclassify any Contributions in order to place them in more appropriate locations on the Services; and (3) preview or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENCE

Licence to use

If you access the Services through the Application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Application on wireless electronic devices owned or controlled by you and to access and use the Application on such devices strictly in accordance with the terms of this mobile application licence contained in these Legal Terms. You must not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code or decipher the Application; (2) make any modifications, adaptations, improvements, additions, translations or derivative works of the Application (3) violate any applicable laws, rules or regulations in connection with your access to or use of the Application; (4) remove, alter or obscure any proprietary notice (including any copyright or trademark notice) posted by us or the licensors of the Application; (5) use the Application for any purpose, income-generating activitiesbusiness enterprise or other purposes for which it is not intended; (6) make the Application available through a network or other medium that allows access or use by multiple devices or users simultaneously; (7) use the Application to create a product, service or software that directly or indirectly competes with or in any way replaces the Application; (8) use the Application to send automated requests to any website or to send any unsolicited commercial emails; or (9)

Apple and Android devices

The following terms apply when you use an Application obtained from the Apple Store or Google Play (each, an "Application Distributor"), to access the Services: (1) licenceprovided to you for our Application is limited to non-transferable licence to use the application on a device that uses Apple iOS or Android operating systems, as applicable, and in accordance with the rules of use set forth in the terms of service of the applicable Application Distributor; (2) we are responsible for providing any maintenance and support services with respect to the Application as set forth in the terms of this mobile application licence contained in these Legal Terms or as otherwise required by applicable law, and you acknowledge that each Application Distributor has no obligation to provide any maintenance or support services "supports terrorism"and (ii) you are not on any U.S. government list of prohibited or restricted parties; (5) you must comply with the applicable terms of the third party agreement when using the Application, for example, if you have a VoIP application, you must not violate your wireless data service agreement when using the Application; and (6) you acknowledge and agree that the Application Distributors are third-party beneficiaries of the terms of this mobile app licence contained in these Terms of Service and that each Application Distributor will have the right (and will be deemed to have accepted this right) to enforce the terms of this mobile app licence contained in these Terms of Service against you as a third-party beneficiary.

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or be made available to you through the Site or the Application) links to other websites ("Third Party Websites"), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, programs, software and other content or items owned by or originating from third parties ("Third Party Content"). These include. Third-party websites and External content is not reviewed, monitored or verified by us for accuracy, appropriateness or completeness, and we are not responsible for any Third Party Websites accessed through the Services or any External content posted on, accessible through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies or contained in Outsiders websites or To an outsider content. Including, linking to, or permitting the use or installation of any Outsiders websites or any An outsider content does not imply endorsement or support by us. If you choose to leave the Services and access Outsiders websites or to use or install any External content, you do so at your own risk and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and conditions and policies, including privacy and data collection practices, of any website you link to from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-party Websites, will be made through other websites and from other companies, and we have no responsibility or liability with respect to such purchases, which are solely between you and the relevant third party. You agree and acknowledge that we do not endorse products or services offered on Outsiders Websites, and you indemnify us against any damage caused by your purchase of such products or services. In addition, you indemnify us against any loss suffered by you or damage caused to you relating to or in any way arising out of any An outsider content or any contact with Outsiders websites.

14. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar ads or banner ads. We simply provide the space for such advertisements and we have no other relationship with advertisers.

15. SERVICE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including, without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit availability of, or disable (to the extent technically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Services or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems; and (5) otherwise operate the Services in a manner designed to protect our rights and property and to ensure the proper functioning of the Services.

16. PRIVACY POLICY

We care about data privacy and security. Please read our Privacy Policy: https://ecofactor.eu/privacy.html. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in Germany. If you are accessing the Services from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the applicable laws in GermanyBy continuing to use the Services, you are transferring your data to Germany and expressly consent to the transfer and processing of your data to Germany.

17. COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes any copyright that you own or control, please notify us immediately using the contact information provided below ("Notice"). A copy of your Notice will be sent to the person who posted or maintained the material identified in the Notice. Please note that, under applicable law, you may be liable for damages if you make materially false statements in a Communication. Therefore, if you are unsure whether material on or related to the Services infringes your copyright, you should first consult an attorney.

18. TERM AND TERMINATION OF VALIDITY

These Legal Terms shall remain in full force and effect for as long as you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POST AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering for and creating a new account under your name, a fictitious or borrowed name, or the name of any third party, even if you are acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, civil, criminal and injunctive proceedings.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the content of the Services at any time or for any reason in our sole discretion without notice. However, we are under no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension or termination of the Services.

We cannot guarantee that the Services will be available at all times. We may encounter hardware, software or other problems or maintenance needs related to the Services, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Services at any time or for any reason without notice to you. You agree that we will not be liable for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms shall be construed as an obligation on us to maintain the Services or provide any corrections, updates or releases in connection therewith.

20. REGULATORY LEGISLATION

These Legal Terms shall be governed by and construed in accordance with the laws of Polandand the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your permanent residence in the EU and you are a consumer, you additionally have the protection afforded to you by the mandatory provisions of the laws of your country of residence. ECOFACTOR Spółka z Ograniczoną Odpowiedzialnością (SPÓŁKA Z O.O.) and you both agree to submit to the non-exclusive jurisdiction of the courts Polandwhich means that you can bring a claim to enforce your consumer rights in relation to these Legal Terms and Conditions at Poland or in the EU country in which you reside.

21. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolutionwhich you can access. If you would like to draw our attention to this topic, please contact us.

22. CORRECTION

The Services may contain information that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Services at any time without notice.

DISCLAIMER OF LIABILITY

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THEIR USE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, AND WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY (1) ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) PERSONAL INJURY OR DAMAGE TO PROPERTY OF ANY NATURE WHATSOEVER ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNLAWFUL ACCESS TO OR USE OF OUR PROTECTED SERVERS AND ANY PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF ACTION WILL ALWAYS BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTHS PRIOR TO THE CAUSE OF ACTION ARISING. SOME USA AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. COMPENSATION FOR DAMAGES

You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless from any loss, damage, liability, claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) your breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of a third party's rights, including but not limited to intellectual property rights; or (6) any overtly harmful act against any other user of the Services with whom you are connected through the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are liable to indemnify us, and you agree to co-operate, at your expense, with our defence of such claims. We will use reasonable endeavours to notify you of any such claim, action or proceeding subject to this indemnity as soon as we become aware of it.

26. USER DATA

We will retain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we back up data on a regular basis, you are solely responsible for all data that you transmit or that relates to any activity you conduct through the Services. You agree that we shall not be liable to you for any loss or corruption of such data and you hereby waive any right of action against us arising out of any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting the Services, sending us emails and completing online forms constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures and other communications we provide to you electronically, by email and on the Services satisfy any legal requirement that such communications be in writing. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance or other law in any jurisdiction that requires an original signature or delivery or storage of non-electronic records, or payment or extension of credit by any means other than electronic.

28. SMS MESSAGE

Rejection.

If you wish to stop receiving SMS messages from us at any time, simply reply to the text message with "STOP". You may receive an SMS confirming your opt-out.

Tariffs for messages and data

Please note that any SMS messages sent or received may be subject to message and data charges. Charges are determined by your operator and the specifics of your mobile tariff plan.

Support

If you have any questions or need help with our SMS notifications, please email us at [email protected].

USERS AND RESIDENTS OF CALIFORNIA

If any complaint against us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the California Department of Consumer Services, Division of Consumer Services, in writing at 1625 North Market Blvd. 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

30. OTHER

These Legal Terms and any policies or operating rules posted by us on or in relation to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Legal Terms are enforceable to the fullest extent permitted by law. We may transfer any or all of our rights and obligations to others at any time. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is held to be illegal, invalid or unenforceable, such provision or part of a provision shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us because we have drafted them. You hereby waive any and all objectionsYou may have based on the electronic form of these Terms and Conditions and the absence of a signature of the parties to these Terms and Conditions.

31. CONTACT US

To resolve a complaint about the Services or for more information about using the Services, please contact us at:

ECOFACTOR Spółka z Ograniczoną Odpowiedzialnością (SPÓŁKA Z O.O.) ul. Spadochroniarzy 10/122 Gdańsk, Pomorskie 80-244 Poland

[email protected]