Terms and Conditions of the Mindgram Platform
(“Terms and Conditions”)
These Terms and Conditions define the type, scope and technical conditions for the provision of electronic services by Mindgram, issued on the basis of art. 8 section 1 point 1 of the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws of 2017 item 1219, as amended).
By using this Service, the User confirms to have read the Terms and Conditions and understands and accepts its content, as well as undertakes to comply with it.
1. DEFINITIONS
1.1. All definitions and phrases used below shall apply to these Terms and Conditions as well as to other actions related to the performance of the Agreement:
1.1.1. Application – Mindgram mobile application through which it is possible to use the Mindgram Platform on mobile devices;
1.1.2. Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
1.1.3. Business days – the days of the week from Monday to Friday (excluding public holidays in accordance with the law of the Republic of Poland);
1.1.4. Application Provider – an external provider that allows you to download and use the Application – Google Play (Google LLC based in Delaware, Google Ireland Limited based in Dublin, Google Commerce Limited based in Dublin, Google Asia Pacific based in Singapore) or Apple Store (Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA), depending on through which of the above-mentioned providers the person concerned intends to download the Application);
1.1.5. Documentary form – written form or electronic messages, clearly identifying the names and last names of the sender and the recipient, unless the Terms and Conditions state otherwise;
1.1.6. Identifiers – login and password used by the User to log in to the User Account;
1.1.7. Code – identification number issued to the Payer under the Agreement, enabling the User to set up a User Account and use the Services by the User;
1.1.8. Consumer – a Platform User who is a consumer within the meaning of art. 22(1) of the Civil Code, i.e. a natural person who concludes a contract for a purpose not directly related to his professional or business activity;
1.1.9. User Account – a personalized User’s panel available after successful registration, and upon logging into the Platform – after providing previously set login and password, where the User’s data is saved;
1.1.10. Materials – all content made available to the User through the Platform;
1.1.11. Mindgram – Mindgram Sp. z o. o. with its registered office in Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register under KRS number: 0000881002
1.1.12. Partner – an entity with which an Agreement was concluded;
1.1.13. Platform or Mindgram Platform – the Mindgram platform through which Mindgram provides Services to the User, is available trough the Website or the Application;
1.1.14. Payer – the entity concluding the Agreement with the Partner, in connection with the performance of which Mindgram provides the Service to the User via the User Account;
1.1.15. Privacy Policy – a document regulating the security of privacy protection, and the processing of the User’s personal data, available on: https://mindgram.com/en/privacy-policy/;
1.1.16. Service interruption – a suspension of access to the Platform, caused by maintenance or modernization works, that prevents or hinders the services;
1.1.17. Terms and Conditions – means these Terms and Conditions;
1.1.18. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ UE, L119, p.1);
1.1.19. Website – the website through which Mindgram enables the use of the Platform, i.e. the website app.mindgram.com;
1.1.20. Force majeure – an external event beyond both Mindgram’s and User’s control, while maintaining required in professional relations diligence, that could not have been foreseen, despite exercising due diligence;
1.1.21. Party – User or Mindgram, as applicable;
1.1.22. Parties – jointly User and Mindgram;
1.1.23. Agreement – an agreement concluded between the Payer and the Partner, on the basis of which the Payer is provided with a Code entitling the User to set up a User Account and use the Services via the User Account after accepting and on the terms set out in the Terms and Conditions;
1.1.24. Service – a service provided by Mindgram on the basis of the accepted Terms and Conditions consisting in enabling the User to access the Platform and use its resources to the extent specified in the Agreement;
1.1.25. Defect – a technical error on the Platform that prevents its users from properly using the Platform;
1.1.26. User – an adult natural person who concluded an agreement with Mindgram using the Code provided by the Payer by accepting the Terms and Conditions, in accordance with the provisions of the Agreement; The Payer may also be a User, provided that he is a natural person;
1.1.27. Report – a report made by the User via email to: support@mindgram.com indicating a Defect on the Platform.
2. GENERAL CONDITIONS OF USE OF THE PLATFORM
2.1. These Terms and Conditions define the terms and conditions of use of the Platform provided by Mindgram via Website and the Application.
2.2. Mindgram through the Platform makes these Terms and Conditions available to the User before the conclusion of the agreement and setting up User’s Account and – upon request – in a way that allows access, multiplication and storage of the Terms and Conditions content through the User’s ICT system.
2.3. Any deviations from these Terms and Conditions bind the User and Mindgram only if they’re agreed in Documentary form between the Parties.
2.4. The Mindgram Platform is intended only for individuals over 18 years old. By using the Platform, the User confirms that he/she is a person aged over 18.
2.5. By using the Platform, the User confirms that he/she has read the Terms and Conditions, and that he/she accepts its content and agrees to abide by it.
2.6. For important reasons, understood as the need to develop the Platform or adapt it to current technical requirements, Mindgram may modify or add individual functionalities of the Platform.
2.7. Mindgram provides services to Users, including responding to Users’ requests and inquiries during Business days from 8:00-17.00.
2.8. It is forbidden to use the Website, Application and the Platform in a manner which conflicts with the provisions of these Terms and Conditions, applicable law, decency or principles of social coexistence. It is forbidden to provide illegal content by the User through the Platform. In particular, it is forbidden to place on the Platform materials that may infringe the rights or third party personal rights, or materials that may be used for illegal purposes. It is also forbidden to interfere with the integrity of the content and form of the Platform, Application or Website and, in addition; to access them to store or transmit malicious code, send spam, interfere with the integrity or operation of the Service or the third parties and other users; to attempt to gain unauthorized access to the Service or its systems or networks; to copy the Service or its part; to access the Service with the intent to create competitive products or services.
2.9. The access to the Platform by the User does not require a separate payment, and the remuneration for this is included in the remuneration paid by the Partner to Mindgram under and within the scope of the concluded Agreement.
3. TECHNICAL REQUIREMENTS FOR USING THE PLATFORM
3.1. In order to use the Platform trough the Website, the User must meet the following technical requirements:
3.1.1. have a computer or other electronic device with Internet access and the ability to display the Website and Platform interface,
3.1.2. have the latest version of the browser provided by one of the following manufacturers: Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari,
3.1.3. have enabled cookies and JavaScript,
3.1.4. turn off the software that blocks the operation of the above programs,
3.1.5. have an active email address.
3.2. In order to use the Platform through the Application, the User must meet the following technical requirements:
3.2.1. have a smartphone or tablet on which the Application has been installed, with access to the Internet and with the ability to use the Application,
3.2.2. have an active User Account.
3.3. Failure to meet the technical requirements mentioned in sec. 3.1-3.2 does not exclude the User from using the Platform, with the proviso that, a User shall bear the risk of malfunction of the Platform, and the inability to use some of its functions, respectively through the Website or the Platform.
3.4. Using the Platform through the Application is possible after its free installation on a mobile
device. The Application can be downloaded directly from:
3.4.1. Google Play (for Android mobiles): https://play.google.com/store/apps/details?id=com.mindgram.mobile
3.4.2. Apple Store (for mobile phones with iOS): https://apps.apple.com/pl/app/mindgram/id1621174095?l=pl.
4. ACCESS TO THE PLATFORM
4.1. Logging in to the User Account is possible only after completing the registration procedure referred to in points 4.2-4.6. and creating and activating a User Account.
4.2. In order to set up a User Account and obtain the status of a registered User, an appropriate registration procedure must be carried out on the Platform via the Website or Application.
4.3. Creating a User Account is possible only with the use of a unique Code provided to the Payer by the Partner after the conclusion of the Agreement. One Code allows you to set up only one User Account.
REGISTRATION OF THE USER
4.4. The person who received from the Payer the Code entitling to set up a User Account, interested in registration, is obliged to complete the registration form on the Platform with the correct Code, correct data, including the e-mail address, accept the Terms and Conditions in question and activate using the activation link sent to the e-mail address provided by you. The condition for sending the activation link is positive verification of the correctness of the Code provided by the Partner, indicated by the interested person. The activation link sent to the User’s e-mail address remains active for 24 hours from its sending, during which time the User is entitled to use the User Account regardless of the activation of the User Account. In order to continue using the User Account, the User is obliged to activate the User Account by clicking the activation link. After the ineffective expiry of the indicated period, the User’s Account is blocked and the User interested in using the Platform is obliged to re-register on the terms set out in this point. Upon acceptance of the Terms and Conditions and activation of the User Account, an agreement for the provision of Services based on the Terms and Conditions is concluded between the User and Mindgram.
4.5. By registering a User Account, the User confirms that he/she is a natural person at least 18 years of age who may enter into legally binding contracts in accordance with applicable law. Furthermore, the User ensures that the information provided for the purposes of the User Account is accurate. Providing false contact information upon registration or omitting contact information such as name, last name, address and / or telephone number is prohibited. When using the Website and the Platform, Users shall in their entirety comply with all applicable laws and regulations. By registering, the User confirms that they have read the Terms and Conditions.
4.6. During the registration process, the User establishes a password to obtain access to the User Account. The password should have at least 8 characters and contain: one uppercase letter, one lowercase letter, one number, and one special character. For security reasons, Mindgram discourages passwords containing commonly used words, including first names, last names, initials, date of birth, phone numbers, and keyboard-readable character sequences. The User is obliged to protect the password, and is not allowed to disclose it to third parties.
4.7. The User Account is non-transferable.
4.8. The User is obliged to provide the latest personal data on the User Account, which are necessary for the performance of the Agreement and, in addition, for cooperation with other Users. In case Users provide false or outdated data, Mindgram shall not be liable in any way both towards other Platform Users and third parties.
4.9. The User has the right to withdraw from the contract between him and Mindgram without giving a reason within 14 days from the date of its conclusion by submitting a declaration of withdrawal in the Documentary form to the e-mail address support@mindgram.com or Mindgram’s correspondence address. In the event of effective withdrawal from the contract by the User, the contract is considered void. In order to withdraw from the contract, the User may use the withdrawal form attached as Annex 2 to the Act on Consumer Rights.
4.10. Mindgram provides the Services to the User for the time specified in the Agreement. Termination, expiration or withdrawal by the Payer from the Agreement results in blocking the User Account upon expiry of the Agreement and automatic expiry of the agreement concluded on the basis of the Terms and Conditions accepted by the User.
FURTHER PROVISIONS
4.11. Mindgram provides the User with uninterrupted and safe access to the Platform during the terms of the Agreement, subject to the provisions of these Terms and Conditions, subject to the Service Interruption. Mindgram is not responsible for any irregularities related to the use of the Platform through the Application, to the extent that the irregularities are borne by the Application Provider.
4.12. The User is not allowed to disclose access data to the Account to third parties, and in case of such disclosure, he or she shall be solely responsible for its consequences. The User is solely and entirely responsible for unauthorized access to the Platform (at fault of the User) as well as for the confidentiality of the Identifiers, and for any fees, damages, liabilities or losses incurred as a result of noncompliance with the Terms and Conditions. Mindgram is not responsible for any harm caused by theft of Identifiers, disclosure of Identifiers, or authorization for another person to access and use the Service using Identifiers. The User shall make a reasonable effort to prevent unauthorized access or use of the Service. The User is solely and entirely responsible for all activities, which are undertaken on the User’s Account to the extent that those activities result from non-abidance with the rule expressed in the first sentence of this point. The User shall immediately notify Mindgram of any unauthorized access to the User Account or any other known breach of its security. The User shall be held liable for losses incurred by Mindgram or by any other Platform user caused by unauthorized use of the Identifiers as a result of the User’s failure to maintain security or confidentiality of such Identifiers.
5. FUNCTIONALITY OF THE PLATFORM
5.1. The User may use developmental tools and psychological support and the Services specified in the Agreement via the Platform, especially through the following means:
5.1.1. participating in group workshops available via the Platform, access to which is possible for the first 1000 registered users,
5.1.2. using the educational Materials available on the Platform: videos, audio recordings, graphics, texts, e-books;
5.1.3. the support of a development and therapy coordinator via chat available on the Platform,
5.1.4. the individual psychological support, within the limits specified for a given package of Services;
5.2. Mindgram may record, share and archive workshops mentioned in sec. 5.1.1. of the Terms and Conditions.
5.3. For valid reasons, Mindgram reserves the right to make changes to the workshop program mentioned in sec. 5.1.1. of the Terms and Conditions, including the speaker or technical conditions of his or her organization, which will not violate the Terms and Conditions.
5.4. For important reasons, understood in particular as the occurrence of Force Majeure or the inability to attend on the part of the trainer/speaker, Mindgram reserves the right to change at any time the dates and program of the workshops mentioned in sec. 5.1.1. of the Terms and Conditions, which will not violate these Terms and Conditions.
5.5. Mindgram stipulates that the support of a development and therapy coordinator mentioned in sec. 5.1.3. of the Terms and Conditions, and the support of a psychologist mentioned in sec. 5.1.4. of the Terms and Conditions is based solely on the information provided voluntarily by the User, and the information on how the Platform is used by the User. The User autonomously decides about the scope of information provided to Mindgram in order to use the abovementioned Service. In particular, revealing to Mindgram health data, racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic or biometric data, data concerning sexuality, including sexual orientation, or crime data, constitutes a consent to the processing of such data by Mindgram for the purposes of Service provision.
5.6. Mindgram stipulates that the services indicated in sec. 5.1.3. and 5.1.4. of the Terms and Conditions are performed at the Platform. Development and therapy coordinators, and psychologists are required to respond to the User’s messages no later than 24 hours from the time of issuing a message.
5.7. To ensure security and confidentiality of the User’s data, Mindgram deletes all data collected via chat available on the Platform after 28 days from the date of the User’s last activity in a given chat box, which means a complete loss of access to the stored data. The remaining User’s data stored on the Platform is anonymized or deleted after 6 months from the date of deactivation of the User’s Account.
5.8. In order to avoid any doubts, Mindgram declares that any Services provided to the User through the Platform shall not be considered a health service according to Art. 2 act. 1. sec. 10 of the Act of 15 April, 20211 on medical activities, in particular the provision of Services by Mindgram shall not be considered as diagnostic or therapeutic activity, and shall not replace such activities.
5.9. Mindgram, in order to improve the operation of the Platform, including in connection with the development of the scope of the Services, is entitled to submit invitations to Users to participate in User feedback surveys and / or test new functionalities of the Platform.
6. UPDATES, SUPPORT AND COMPLAINTS
6.1. Mindgram will make every effort to ensure that the Platform operates 24 hours a day / 7 days a week, except for: (i) planned Service interruption (we will make every effort to notify about it in advance); or (ii) unavailability due to circumstances beyond Mindgram’s control, including, but not limited to: force majeure, fire, earthquake, flood, water, elements, labor disputes or shortages, media restrictions, power outages, explosions, social unrest, government activities, epidemics, shortages of equipment or supplies, unavailability of transportation, omissions by third parties or other activities, or any other valid reasons beyond our control, including technical problems arising as a result of circumstances burdening the Application Providers.
6.2. If, during the term of the Agreement, Mindgram improves or updates the Platform, the new version of the Platform will be immediately implemented and made available. The time to implement an upgrade or update of the Platform will depend on advancement and complexity of the technical changes introduced and may require Service interruption.
6.3. Mindgram stipulates that Service interruptions might occur when accessing the Platform caused by maintenance or modernization works, other than Platform updates.
6.4. Service interruption caused by updates on the Platform shall not be considered as incorrect provision of the Service by Mindgram.
6.5. Mindgram will ensure proper functioning of the Platform, in particular, by:
6.5.1. removing Defects on the Platform,
6.5.2. providing access to Platform updates,
6.5.3. providing technical support when using the Platform.
6.6. The User has the right to submit inquiries, comments and complaints in reference to the operation of the Platform.
6.7. Defects on the Platform will be removed by Mindgram with or without a Report. Reports should be sent to: support@mindgram.com, and should contain the following data: contact details of the reporting person; description of the incident; where on the Platform the Defect appeared; the circumstances in which the Defect occurred; other information that Mindgram or the User may deem necessary to remove the Defect, or that will enable Mindgram to remove the Defect, provided that failure to provide the abovementioned data, will not render the Report ineffective.
6.8. Failure to provide the above-mentioned information indicated in sec. 6.7. does not render the reporting of irregularities ineffective, however, it may extend the time to remove irregularities by Mindgram. Each Report will be confirmed by email sent to the reporting person to the email address provided in the Report, no later than 48 hours from the receipt date of the Report, provided that the receipt confirmation of the Report does not include the time of Mindgram being out of service. The receipt confirmation of the Report will include the information about the classification method of Reports, taking into consideration the criteria in sec. 6.9. and the maximum period for removing irregularities.
6.9. Mindgram is obliged to remove the irregularities mentioned in the Report within the time limit according to the classification method of Reports, the period shall begin from the time of receipt of the Report, mentioned in sec. 6.8., unless it is not possible to remove the irregularities within the above-mentioned period for reasons beyond the control of Mindgram. In case of failure to remove the irregularities within the time limit indicated in the preceding sentence, Mindgram is obliged to notify the person making the notification about this fact, indicating the actual date of removing the irregularities.
Mindgram has the right to classify Reports according to the following categories:
6.9.1. a blocking error – an error that completely prevents access to the Platform, deadline for removal: up to 3 Business days,
6.9.2. a critical error – an error that partially prevents or limits access to the resources on the Platform, deadline for removal: up to 14 Business days,
6.9.3. a high error – an error that does not affect access to the resources on the Platform, deadline for removal: up to 60 Business days,
6.9.4. a low error – a error of a different category than defined in points 6.9.1.-6.9.3, that does not have a significant impact on the functionality of the Platform – no guarantee of resolution.
6.10. In case that the irregularities in the Platform functioning were caused by the User then Mindgram is entitled to demand that the User repair the damage in full, of which Mindgram shall notify the User.
6.11. In the event mentioned in sec. 6.10. of the above Terms and Conditions, Mindgram will notify about the identified cause of defectiveness on the Platform via email sent to the email address provided in the Report, indicating the amount of the damage incurred. The damage will be covered within 7 days from the date of notifying the User about the damage.
6.12. Mindgram does not bear the responsibility if the User cannot access the Platform as a result of: activities of the User or third parties to which they have made available Identifiers to the User’s Account consisting of introducing changes or modifications to the Platform, or when the User does not comply with the provisions of the Terms and Conditions while using the Platform.
6.13. If the User notices unlawful data on the Platform, especially data infringing intellectual property rights, he or she should immediately notify Mindgram on the following email address: support@mindgram.com.
6.14. All complaints related to the performance of the contract concluded by accepting these Terms and Conditions, and questions should be submitted by email to the email address support@mindgram.com, or to the address of Mindgram’s registered office. The complaint should contain at least data necessary for User’s identification and contact: the User’s name or email address, the subject of the complaint and the underlying circumstances along with the date of occurrence; the User’s expectations towards Mindgram, in particular the indication of desired actions from Mindgram.
6.15. Mindgram considers a complaint within 7 Business days from the date of its receipt, and immediately notifies the User, via email, about the method of its examination. If the data or information provided in the complaint needs to be complemented before resolving the complaint, Mindgram requests the User to provide missing information. Providing additional clarification by the User extends the period of resolving the complaint.
6.16. Complaints resulting from failure to comply with the Terms and Conditions will be considered negatively by Mindgram.
6.17. In order to improve the functionality of the Platform, Mindgram has the right to register the activity of its Users and to contact Users in order to conduct satisfaction surveys to maintain proper quality of Services.
6.18. Mindgram will not consider complaints regarding the performance of the Terms and Conditions if the Services provided by Mindgram in the form of access to the Platform comply with the Terms and Conditions, i.e. in particular if the description, type, quality, completeness, functionality, compatibility, interoperability and availability of updates, as well as suitability for the specific purpose for which the Services are needed by the User, which the User notified to Mindgram at the latest at the time of conclusion of the contract and which Mindgram accepted. In addition, Mindgram’s Services are compliant with the contract concluded by accepting these Terms and Conditions if: they are suitable for the purposes for which goods of this type are usually used, taking into account applicable laws, technical standards or good practices, and they are present in such quantity and have such features , including durability and safety, as well as functionality and compatibility, which are typical of goods of this type and which the User may reasonably expect, taking into account the nature of the goods and the public assurance given by Mindgram; are of the same quality as the trial or trial versions of the Platforms made available by Mindgram to the User; Mindgram informs the User about updates and provides them in a timely manner; Mindgram provides the User with appropriate instructions for using the Platform.
6.19. Mindgram is not responsible for the non-compliance of the Services provided on the Platform with the agreement concluded by accepting the Terms and Conditions if the User fail to install the updates provided by Mindgram within a reasonable time, if this non-compliance results only from the lack of updates and Mindgram informed the User about the update and the consequences of not installing it, and the failure to install or improper installation of the update was not due to errors in the installation instructions provided by Mindgram.
6.20. Mindgram’s liability towards Users for non-performance or improper performance of the Terms and Conditions is governed by the relevant provisions of law, in particular the Act on Consumer Rights and the Civil Code. In particular, Mindgram is responsible for the non-compliance of the Services with the Terms and Conditions that occurred or became apparent at the time when the Services were to be delivered. Services should be compliant throughout their delivery.
7. INTELLECTUAL PROPERTY
7.1. Mindgram declares that it is entitled to unlimited copyrights to the Platform as well as the right to use and distribute the Materials made available through the Platform.
7.2. Mindgram grants a territorially unlimited, non-exclusive license to the User for the duration of the agreement to use the Platform and the Materials made available through it, according to the conditions and limitations established in these Terms and Conditions, without the right to grant further licenses, in the following manner: a display on a computer, mobile device (including mobile phones) or other electronic devices.
7.3. Mindgram reserves all rights to the Platform and the Materials made available through it, not granted to Users explicitly under the agreement. The license does not allow the User, in particular, to: (a) reproduce, distribute, rent, sell or or otherwise indirectly or directly redistribute the Platform or the Materials, (b) modify, reverse engineer or otherwise interfere with the Platform’s software, (c) use and develop Mindgram’s intellectual property, including the Platform and the Materials, (d) use Mindgram’s intellectual property for an unlawful purpose or to the detriment of Mindgram. Any behavior fitting in the above-mentioned conditions will be considered as a breach of the Terms and Conditions.
7.4. The Service contains content and technology developed by Mindgram or Mindgram’s licensors, which is protected by copyright, trademark, commercial secret, and other laws. Between the Parties, Mindgram is the owner or licensee of the intellectual property and other proprietary rights to the Service, including, but not limited to: the design, graphics, logos, functionality and its documentation. It is forbidden to: copy, modify or reproduce the source code of any part of the Platform or any Materials; rent, sell, lease, distribute, provide or otherwise use the Service in favour of any third party
7.5. This agreement does not transfer any property or any intellectual property of a third party to the User and all rights, title and shares in such property shall remain solely with Mindgram, or their respective owners. All above-mentioned rights are reserved.
7.6. Names, logos or trademarks of third-party companies and other users’ products may be trademarks of their respective owners.
7.7. By accepting the Terms and Conditions, accordingly the User agrees to record and publish his or her image or work as well as consent to merge these works with the content of the Platform or the Materials (collective work); and grants a free, indefinite license to use the above-mentioned works in case when using the Platform or the Materials, they will merge in such a way that Users’ images, opinions, statements, presentations, etc. will become part of the content of the Platform or Materials.
7.8. If a User is taking part in the workshops referred to in sec. 5.1.1. of the Terms and Conditions, the User will provide secret information protected by separate provisions and accordingly the User is obliged to immediately notify Mindgram. Mindgram will take appropriate factual and legal actions necessary to secure the protected content, and to notify the individuals or entities who own the protected content. Mindgram shall not bear the responsibility for statements, opinions, recommendations, omissions made by speakers, Users of the webinars. These individuals have freedom of expression, and they take all statements and actions on their own behalf and in their name.
8. USER’S CONTENT
8.1. Accordingly the User is fully responsible for the content and statements posted on or through the Platform, including its quality and legality as well as for any damage caused by such content. By sharing content and statements via the Platform, accordingly the User declares and guarantees that:
8.1.1. has all rights, permissions and authorizations necessary to provide content to Mindgram,
8.1.2. the content posted by the User is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
8.1.3. the content posted by the User is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
8.1.4. the content posted by the User is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
8.1.5. the content posted by the User is not named in a manner that misleads the readers into thinking that you are another individual or User.
8.2. Without limiting any of the above declarations or guarantees, Mindgram reserves the right to remove any content from the Platform, or to terminate or deny access to and use of the Platform, in whole or in part concerning the functionality to which the infringement relates, by Users, if the User’s content or activity violates these Terms and Conditions, decency or provisions of generally applicable law.
8.3. If a third party has a claim regarding the User’s content, Mindgram will immediately notify the User of the claim.
8.4. Mindgram respects the intellectual property rights of third parties. If you believe that material located on or linked to by Mindgram’s Service violates your copyright or your intellectual property rights, you are encouraged to notify Mindgram. Mindgram will respond to all such notices and, as required or appropriate, remove the infringing material or deactivate all links to the infringing material. Mindgram will terminate a User’s access to and use of the Service if, under appropriate circumstances, the User is determined to be a repeat infringer of the rights of others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to Mindgram.
8.5. In the event of withdrawal from the Terms and Conditions by the User Mindgram, from the date of receipt of the declaration of withdrawal from the Terms and Conditions, will not use content other than personal data provided or generated by the User while using the Platform provided by Mindgram, with the exception of content which are useful only in connection with the use of the Platform, relate only to the activity of the User while using the Platform, have been combined by Mindgram with other data and cannot be separated from them or can be separated only with disproportionate efforts, have been created by the User together with other Users who may further use them.
8.6. With the exception of content that is useful only in connection with the use of the Platform, relates only to the activity of the User while using the Platform, has been combined by Mindgram with other data and cannot be separated from it or can be separated only with disproportionate effort, Mindgram, at the request of the User provides him with content other than personal data that was provided or generated by him while using the Platform. User has the right to recover the digital content from Mindgram free of charge, without hindrance from Mindgram, within a reasonable period of time and in a commonly used machine-readable format.
9. USER’S OPINIONS
9.1. Mindgram uses on the Website, in social media and other promotional materials, the opinions of Users and verifies them in terms of whether the opinion was issued by the User using the Website.
9.2. Mindgram for the verification specified in point 9.1 above, sends periodically to its clients, to the addresses provided during registration, a request for an opinion in the form of an e-mail along with granting permission for the publication of the image and name and surname. Mindgram does not use opinions other than those obtained in this way.
10. NEWSLETTER
10.1. As part of the Website, Mindgram gives the opportunity to subscribe to receive periodic messages containing information on the services (including promotions) offered on the Website and Platform to the e-mail address provided by the User (“Newsletter Service”).
10.2. The provision of the Newsletter Service will commence after the conclusion of the contract for the use of the Newsletter Service, which is concluded by the user completing the Newsletter form available on the Website and accepting the terms of the Privacy Policy by the user.
10.3. By concluding a contract for the provision of the Newsletter Service with Mindgram, the user provides his e-mail address in order to receive advertising and promotional messages from Mindgram regarding products and services offered on the Website and the Platform.
10.4. In order for the user to use the Newsletter Service, it is necessary for the user to have access to the Internet and to have an active e-mail address. At the same time, it should be noted that the use of the Newsletter Service does not require meeting any specific technical requirements, with the exception of having an operating system and a web browser or a standard application or e-mail system.
10.5. In performance of the contract for the provision of the Newsletter Service concluded with the user, Mindgram will send advertising and promotional messages regarding products and services to the user’s e-mail address (e-mail) at any time and frequency selected by it to the user’s e-mail address, indicated in the form. offered on the Website and the Platform. Mindgram stipulates that advertising and promotional messages will be sent at least once every two months.
10.6. The Newsletter Service is free of charge and is provided throughout the duration of the contract referred to in point 10.2. of the Terms and Conditions.
10.7. The Newsletter Service may be used by any person who meets the requirements for concluding a contract specified in point 10.2. of these Terms and Conditions. Meeting the requirements specified in point 10.2. of the Terms and Conditions and clicking the indicated button sends the user’s e-mail address to Mindgram and launches the provision of the Newsletter Service by Mindgram.
10.8. Individual messages sent as part of the Newsletter Service are works within the meaning of copyright law and are protected by law. Any copying, modification and use in a manner not intended or without Mindgram’s consent may constitute a violation of the law. The User bears full responsibility for the infringement referred to in the previous sentence.
10.9. The contract for the use of the Newsletter Service is concluded for an indefinite period.
10.10. The user has the right to terminate the contract for the use of the Newsletter Service with a 14-day notice period.
10.11. Mindgram has the right to terminate the contract for the use of the Newsletter Service with a 14-day notice period.
10.12. The User terminates the contract for the use of the Newsletter Service by sending to Mindgram to the e-mail address support@mindgram.com or by correspondence to the following address:
ul. Krakowskie Przedmieście 13, 00-071 Warsaw, a statement on termination of the contract or by clicking on the resignation link in the footer of each sent message.
10.13. Mindgram may terminate the contract for the use of the Newsletter Service by sending the user a statement on termination of the contract to the e-mail address provided by him at the time of concluding the contract.
10.14. Mindgram may, for important reasons, suspend the provision of the Newsletter Service after informing the User to the e-mail address provided by him at the time of concluding the contract.
10.15. Mindgram has the right to remove an incorrect or non-existent e-mail address provided by the user, after verifying it.
10.16. Pursuant to the Act of 30 May 2014 on consumer rights (as amended), the User who is a consumer has the right to withdraw from the contract for the use of the Newsletter Service within 14 days, without giving any reason and without incurring any costs. To meet this deadline, it is enough to send a statement before its expiry via e-mail to the following e-mail address: support@mindgram.com or by correspondence to the following address: ul. Krakowskie Przedmieście 13, 00-071 Warsaw.
After receiving the statement referred to in the preceding sentence Mindgram will confirm its acceptance with a return message.
10.17 In the event of withdrawal from the contract for the use of the Newsletter Service, it is considered null and void, and the User who is a consumer is released from any obligations.
10.18. Complaints regarding the provision of the Newsletter Service by Mindgram should be submitted to the following e-mail address: support@mindgram.com.
10.19. The complaint should include the data of the person lodging the complaint, the data necessary to send information about the result of the complaint and a description of the irregularities in the Newsletter Service and what are the expectations regarding the resolution of the complaint.
10.20. Mindgram considers the complaint within 14 days from the date of its receipt.
11. PERSONAL DATA
11.1. The personal data Administrator is Mindgram (“The Administrator”). Mindgram is processing User’s personal data on the basis of the Privacy Policy.
11.2. The Administrator has appointed a Data Protection Officer who can be contacted via email in order to inquire about personal data protection: gdpr@mindgram.com.
11.3. Mindgram exercises due diligence to respect the privacy of individuals using Mindgram’s services. Mindgram guarantees confidentiality of all personal data provided and ensures security and personal data protection measures required by the provisions on the protection of personal data. Personal data is collected with due diligence and is properly protected from unauthorized individuals.
12. LIABILITY
12.1. Mindgram stipulates that all Users take activities based on the content available on the Platform at their own risk.
12.2. Mindgram will not bear the responsibility for:
12.2.1. the method of use of the Materials made available to Users with reference to the use of the Platform as well as the activities and consequences of the actions taken by Users as a result of using the Services indicated in sec. 5.1.3. and 5.1.4. of the Terms and Conditions,
12.2.2. damages caused by disruptions in the functioning of the Platform, unavailability or limited availability of the Platform caused by reasons beyond the control of Mindgram, or which occurred as a result of events that Mindgram was not able to prevent, acting with due diligence, including circumstances attributable to Application Providers,
12.2.3. damage caused by a User’s failure to comply with the provisions of the Terms and Conditions,
12.2.4. the consequences of Users’ use of the Materials provided with regard to the use of the Platform or the Services mentioned in sec. 5.1.3. and 5.1.4. of the Terms and Conditions, in particular, Mindgram stipulates that the provision of Materials and Services takes place without conducting a medical interview, including not having the results of Users’ tests and detailed information on their health condition, and the Materials provided and proposal for actions cannot replace professional medical advice. or individual specialist consultations,
12.2.5. damage caused by a violation to an intellectual or industrial property rights by Users s,
12.2.6. damages related to the operation of malicious or harmful software unlawfully introduced by the User or third parties, for which Mindgram is not responsible,
12.2.7. Users’ actions related to the use of the Platform, in particular how the Platform or content are used by other users. In particular, caused by a violation of intellectual or industrial property rights by users.
12.3. During the period of Force Majeure, Mindgram’s activities and duties, within the scope covered by the case of Force Majeure, may be suspended. The suspension also applies to liability for failure to comply with contractual obligations.
12.4. Access to the information required to be provided to the User results from art. 6 of the Act on the provision of electronic services (Journal of Laws of 2020, item 344, as amended), Mindgram will be implemented via the website or via e-mail.
13. CHANGES TO PROVISIONS
13.1. Mindgram reserves the right to amend the Terms and Conditions for valid reasons, in particular in case of: changes in applicable laws affecting the content of the Terms and Conditions, changes in functionality of the Platform, changes of technical requirements.
13.2. Mindgram will notify Users via e-mail sent to the e-mail address provided by the User on the User’s Account of the planned amendment to the Terms and Conditions, at least 14 days before its entry into force. The new wording of the Terms and Conditions shall enter at the date indicated by the Mindgram. In case of changes to the Terms and Conditions, until the moment of the entry into force of the changes, the User has the right to terminate the agreement on the day of the entry into force of the amendments to the Terms and Conditions without additional cost.
13.3. If the User does not terminate the agreement within the period indicated above, the new amendments to the Terms and Conditions shall enter at the date indicated by the Mindgram.
13.4. The provisions of the Terms and Conditions, which may be considered as prohibited contractual provisions from the register kept by any supervisory authority (abusive clauses), shall not be binding on Consumers.
14. FINAL PROVISIONS
14.1. The Terms and Conditions shall apply accordingly to the User for an indefinite term, subject to point 14.2 below.
14.2. The agreement concluded between Mindgram and the User on the basis of the accepted Terms and Conditions expires in the event of:
14.2.1. termination or expiration of the Agreement concluded between the Partner and the Payer, in connection with the implementation of which the User Account was created, on the date of termination / expiration of this Agreement;
14.2.2. notification by the Payer via the Partner of the deactivation of the Code on the basis of which the User has registered on the Platform, at the moment of deactivation of this Code, which takes place on the terms and within the time limits specified in the Agreement concluded between the Partner and the Payer;
14.2.3. In the above situations specified in point 14.2.1. and 14.2.2. and on the dates indicated therein, Mindgram blocks the User’s access to the User Account and the Services.
14.3. The User Account is blocked if the User Account is not activated within 24 hours from the moment of registration, on the terms set out in point 4. these Terms and Conditions.
14.4. Mindgram has the right to terminate the agreement with immediate effect, which will result in blocking Users’ access to the Platform, if a User breaches the provisions of these Terms and Conditions,
14.5. The Polish law shall apply to the obligations resulting from the Terms and Conditions, provided that this does not deprive the Consumer of the protection granted to him on the basis of regulations that cannot be excluded by agreement, under the law which, in accordance with the relevant regulations, would be applicable in the absence of choice in this regard. Likewise, for all those conflicts or discrepancies in terms of consumption (whether for Polish Users or for the rest of consumers belonging to EU member countries), that could derive from this contractual relationship, Mindgram informs that it will be applicable the Internet dispute resolution platform, between consumers and merchants, at EU level (ODR platform), referenced in previous lines, at http://ec.europa.eu/consumers/odr/.
14.6. By virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters, Mindgram also informs you that, in the event of dispute, Users residing in the European Union may go to the “Online dispute resolution platform” developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by Mindgram.
To access the “Online Dispute Resolution Platform” you can do so through the following link: http://ec.europa.eu/consumers/odr/.
14.7. In addition to the Online Dispute Resolution Platform mentioned above, Mindgram notifies the User who is a Consumer of Polish origin, about out-of-court means of dealing with claims and vindication of claims. In the case of Polish Users in relation to the methods of access to these procedures will be available at the offices or on the websites of entities authorized to out-of-court dispute resolution. Information on the possibility for the Polish Consumer to use out-of-court means of dealing with claims and vindications of claims, and rules of access to these procedures may be available on the following websites of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php
http://www.uokik.gov.pl/wazne_adresy.php
Also in relation to the above, they may include, in particular, consumer advocates or Voivodeship Inspectorates of the Trade Inspection, a list of which is available on the website of the Office of Competition and Consumer Protection at http://www.uokik.gov.pl/spory_konsumenckie.php.
14.8. The Consumer may also obtain the information referred to in sec. 14.7. at the offices and on the websites of poviat (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection and Voivodeship Inspectorates of the Trade Inspection.
14.9. In the case of the Polish Consumer, he has the following possibilities for out-of-court means of dealing with claims and vindication of claims:
14.9.1. a possibility to apply to a permanent amicable consumer court operating at the Trade Inspection,
14.9.2. a possibility to apply to the voivodeship inspector of the Trade Inspection, requesting the initiation of mediation proceedings regarding amicable settlement.
14.10. For the rest of consumers belonging to EU member countries, Mindgram informs that there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) available at the address http://ec.europa.eu/consumers/odr/.
14.11. Notwithstanding the foregoing Mindgram and the User will make every effort to resolve any disputes amicably.
14.12. The Parties agree that if any part of the Terms and Conditions turns out to be invalid, ineffective, otherwise legally defective or unenforceable, the remaining part of the Terms and Conditions will remain in full force. In case of an invalid, ineffective provision or any other legal defect or unenforceability, the parties will agree, in good faith, to the maximum possible term, on alternative provisions that shall be binding and enforceable, and shall reflect the original intentions of the Parties.
14.13. These Terms and Conditions shall enter into force on December 1, 2023.