Terms of service for electronically supplied services (SaaS)

§1. Definitions

• Provider – AkcjaBiznes, registered at ul. Sąsiedzka 7, 93-330 Łódź, Poland, VAT ID: 7312024623, e-mail: [email protected].
• Application – the Scatto software available at scatto.pl, used to run events and parties (including weddings, birthdays, hen or stag parties, barbecues and company events): a photo and video gallery, floor plan, guest list, schedule, menu, song requests and QR codes.
• Event – any kind of event run by the User in the Application.
• User – a natural person, legal person or organisational unit using the Application on the basis of a registered Account (the host of the Event).
• Guest – a person invited to the Event who uses the guest view (opened by scanning a QR code) without registering an Account.
• Account – the set of data and permissions assigned to a User in the Application.
• Subscription – a recurring paid service (billed monthly) granting access to the full functionality of the Application.
• Content – photos, videos, descriptions, the guest list, the schedule, the menu, song requests and any other data entered into the Application by the User or by Guests.
• Terms – this document, as referred to in Article 8 of the Polish Act of 18 July 2002 on the provision of electronic services.

§2. General provisions

1. These Terms set out the rules for using the Application and for entering into agreements with the Provider.
2. Using the Application constitutes acceptance of these Terms. Acceptance is voluntary but necessary in order to register an Account.
3. The services are supplied electronically, in a SaaS model, within the territory of Poland.
4. The rules for processing personal data are described in the Privacy policy.

§3. Scope of services

1. Within the Application the Provider makes available in particular: a photo and video gallery, an upload form for Guests, a floor plan showing tables and seats, a guest list with attendance confirmations, an event schedule, a digital menu, a list of song requests, and the generation of QR codes and place cards.
2. The User decides which sections are visible to Guests after scanning the QR code and may switch them on or off at any time.
3. The Provider may develop the Application and modify its features, provided this does not materially reduce the scope of the Subscription already paid for.

§4. Technical requirements

1. Using the Application requires: a device with internet access, an up-to-date web browser with JavaScript, cookies and local browser storage enabled, and an active e-mail address.
2. The Provider is not liable for the Application malfunctioning as a result of these requirements not being met or of limitations on the User’s internet connection.

§5. Registration and Account

1. Registering an Account requires providing accurate data and accepting these Terms.
2. The password is confidential. The User undertakes not to share login credentials with third parties and to notify the Provider immediately of any suspected unauthorised access.
3. A single Account may be used to run several Events. Each Event has separate data and its own QR code for Guests. The Account may not be resold.
4. The service agreement is concluded when the Account is registered and is entered into for an indefinite period.

§6. Subscription and payments

1. The full functionality of the Application is available under a Subscription billed in monthly periods.
2. Prices are stated in Polish złoty and include VAT. The current price list is presented before the agreement is concluded.
3. The Subscription renews automatically for a further billing period unless the User cancels before it ends.
4. At the User’s request the Provider issues an invoice and sends it to the e-mail address assigned to the Account.
5. In the event of non-payment the Provider may suspend access to paid features after giving the User prior notice by e-mail.

§7. Content of Users and Guests

1. Content remains the property of the persons who entered it. The Provider acquires no copyright to it.
2. The User grants the Provider a free, non-exclusive licence to store, reproduce and display the Content solely to the extent necessary to provide the service.
3. The User declares that they hold the rights to the Content they enter and the consent of the persons visible in the photos and videos, and that they have informed Guests of the rules for using the Application.
4. Posting unlawful or offensive content, or content infringing personal rights or the rights of third parties, is prohibited.
5. Infringements can be reported to [email protected]. The Provider may block access to the reported Content and will inform the User accordingly.

§8. Guests

1. Guests use the Application without registering an Account, within the scope made available by the User.
2. The User is responsible for the content of the guest list and for informing Guests about the processing of their data.
3. The Provider may limit the size and number of uploaded files for technical reasons.

§9. Liability

1. The Provider makes every effort to keep the Application running without interruption and reserves the right to carry out maintenance, giving advance notice where possible.
2. The Provider is not liable for the effects of force majeure or for the loss of Content caused by circumstances attributable to the User.
3. Towards Users who are not consumers, the Provider’s liability is limited to the amount of fees paid in the 12 months preceding the event in question and does not cover lost profits.
4. The above limitations neither exclude nor limit consumer rights arising from mandatory provisions of law.

§10. Complaints

1. Complaints can be submitted to [email protected], including a description of the problem and the e-mail address assigned to the Account.
2. The Provider examines a complaint within 14 days of receiving it.

§11. Withdrawal from the agreement

1. A User who is a consumer (or a sole trader with consumer rights) may withdraw from the agreement within 14 days of concluding it, without giving a reason, by sending a statement to [email protected].
2. If the User requested that performance begin before the withdrawal period expired, they will pay for the services rendered up to the moment of withdrawal.

§12. Termination and deletion of data

1. The User may cancel the Subscription at any time, with effect from the end of the paid billing period, and may delete the Account.
2. The Provider may terminate the agreement with 14 days’ notice in the event of a gross breach of these Terms by the User.
3. After the Account is deleted, Content is removed within 30 days, except for data which must be retained under applicable law.

§13. Changes to the Terms

1. The Provider may amend these Terms for important reasons (a change in legislation, in the scope of services or in payment rules), informing the User by e-mail at least 14 days in advance.
2. If the User does not accept the changes, they are entitled to terminate the agreement before the changes take effect.

§14. Final provisions

1. Matters not covered by these Terms are governed by Polish law.
2. Disputes with Users who are not consumers are settled by the court having jurisdiction over the Provider’s registered office.
3. Consumers may use out-of-court complaint procedures, including the European Commission’s ODR platform.