Terms of Service
1. General provisions
- These Terms govern the use of the Planify application (the “Service”) operated by Łukasz Bieszczad, <adres ukryty> (the “Operator”), contact: [email protected].
- The Service lets users plan client visits in their Google Calendar, keep a client list and send SMS reminders and notifications about visits to clients.
- Using the Service requires a Google account, a web browser with an internet connection and granting the Service access to Google Calendar.
- The Service is meant for people and businesses that receive clients for visits. The provisions about consumers also apply to a natural person who concludes the contract directly in connection with their business, when the contract is not of a professional nature for them (in particular Art. 7aa and 38a of the Polish Consumer Rights Act), to the extent provided by law – together “consumers”.
- These Terms are available free of charge on this page and can be saved and printed.
2. Account
- To use the Service you must register: sign in with Google, fill in the registration form and accept these Terms, confirm your phone number with the code sent by SMS and wait for the account to be activated by an administrator.
- The contract for keeping the account is concluded for an indefinite period when the account is activated. Keeping the account is free of charge; using the features of the Service requires a paid package (section 3).
- The administrator may activate or reject a registration at their discretion. A rejected registration is deleted.
- You must provide true data and keep it up to date. An account is personal and must not be shared.
- You can revoke the Service’s access to your Google account at any time; without it the Service cannot show your visits or send reminders.
- With the registration we store the date of accepting these Terms and their version (effective date).
3. Packages, prices and payments
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Using the Service requires an active package. A package is valid for 30 days from its activation and includes the stated
number of SMS messages to clients (verification codes are not counted). A package ends when it expires or its SMS messages are used up. Packages:
- Podstawowy – 250 SMS, 50 zł
- Średni – 500 SMS, 75 zł
- Duży – 1000 SMS, 100 zł
- Prices are gross prices – the full amount to pay, with no additional fees.
- Choosing a package with the button “Zamawiam z obowiązkiem zapłaty” (order with obligation to pay) is an order with an obligation to pay. The contract for the package is concluded when the package is activated.
- A package is paid by bank transfer to the account given by the Operator. The administrator activates it after receiving the payment. The Operator may reject an order that is not paid.
- A new package replaces the current one: the unused days of the current, still valid package are added to the new one; its unused SMS messages expire (a package with all SMS used gives no days).
- On request the Operator issues a sales document in accordance with tax law.
4. Right of withdrawal
- A consumer may withdraw from the contract for a package within 14 days of its conclusion (the activation of the package) without giving any reason. It is enough to send a statement before the period ends, e.g. by e-mail to [email protected]; the model form below may be used, but it is not obligatory.
- A package works right after its activation, so when choosing it the consumer requests the service to start before the withdrawal period ends. After withdrawing, the consumer pays for the service provided until the withdrawal – in proportion to the part of the service performed, i.e. to the larger of: the share of the package’s validity days that have passed or the share of its SMS messages used.
- The right of withdrawal expires when the service has been fully performed before the period ends (all SMS messages of the package used) – the consumer is informed about it and agrees to it when choosing the package.
- The Operator refunds the amount due without undue delay, no later than 14 days after receiving the statement, using the same means of payment as the consumer, unless the consumer agrees to another one at no cost to them. The package is then closed.
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Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):
To: Łukasz Bieszczad, <adres ukryty>, e-mail: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: package ………… in the Planify application
Concluded on: …………
Name of consumer(s): ………… · E-mail of the account: …………
Address of consumer(s): …………
Signature of consumer(s) (only if this form is notified on paper) · Date
(*) Delete as appropriate.
5. Rules of use and content
- You may use the Service only lawfully and in line with these Terms.
- SMS messages are sent only as transactional reminders and notifications about visits (reminder, change of date, cancellation). Sending advertising or marketing content through the Service is prohibited.
- You are responsible for having a legal basis to process your clients’ data and to send them SMS messages, in particular for informing your clients about it, and for the content you enter (visit titles, locations, descriptions), which may be included in SMS messages.
- Entering illegal content is prohibited, in particular content that infringes the rights or personal interests of others, is offensive, misleads the recipients of SMS messages or impersonates other persons or businesses.
- The Operator does not review users’ content and uses no automated moderation. It acts on notices (section 6) and on violations it becomes aware of; decisions are taken by the administrator (a human).
- The administrator may block an account for a violation of the law or of these Terms. While an account is blocked, access to the Service and sending of SMS messages to its clients are suspended. The user sees the statement of reasons after signing in and may appeal by e-mail to [email protected]; the Operator decides on the appeal within 14 days.
6. Contact and notices of illegal content
- The single point of contact for users, recipients of SMS messages and authorities (Art. 11 and 12 of the Digital Services Act) is [email protected]. You can write in Polish or English.
- Anyone can notify by e-mail content available in the Service or sent through it (e.g. an SMS) that they consider illegal. The notice should contain: an explanation why the content is illegal; where to find it (e.g. the text, date and time of the SMS and the number it was sent to); the name and e-mail address of the notifier, unless the notice concerns child sexual abuse offences; a statement that the notifier believes in good faith that the information in the notice is accurate and complete.
- The Operator confirms receipt of the notice, handles it without undue delay, in a diligent, non-arbitrary and objective manner, and informs the notifier of the decision and of the available means of redress.
7. SMS messages
- SMS messages are sent through an external SMS gateway (JustSend, Digital Virgo Polska Sp. z o.o.).
- Reminders are sent at the time set for the visit, with a possible delay of a few minutes. The Operator does not guarantee delivery of messages, which depends on the gateway and mobile operators.
- Before sending a reminder the Service checks the visit in Google Calendar – reminders for visits deleted or moved directly in Google Calendar are cancelled or rescheduled.
8. Complaints
- Complaints about the Service (e.g. a feature that does not work, SMS messages not sent) can be sent by e-mail to [email protected]. A complaint should contain the e-mail of the account, a description of the problem, the date it occurred and the request.
- The Operator answers a complaint within 14 days of receiving it, to the e-mail address it was sent from.
- If the service is not in conformity with the contract, a consumer may request that it is brought into conformity. When this is impossible, the Operator does not do it within a reasonable time or the lack of conformity is significant, the consumer may request a price reduction or, unless the lack of conformity is minor, withdraw from the contract (chapter 5b of the Polish Consumer Rights Act).
- A consumer may use out-of-court complaint and redress procedures, e.g. the help of a municipal or district consumer ombudsman or mediation by a provincial inspectorate of the Trade Inspection. Information: polubowne.uokik.gov.pl.
9. Availability and liability
- The Operator makes reasonable efforts to keep the Service available, but does not guarantee uninterrupted operation. Maintenance breaks may occur.
- The Operator is not liable for unavailability or errors of third-party services, in particular Google Calendar and the SMS gateway.
- Your visits are stored in your Google Calendar; deleting your account in the Service does not delete events from your calendar.
- The limitations of liability do not apply to consumers to the extent the law does not allow them to be limited.
10. Duration and termination
- You can terminate the contract at any time by deleting your account in “Moje konto” (My account) or by requesting its deletion by e-mail. On a request by e-mail the Operator deletes the account without undue delay, no later than within 14 days.
- Deleting the account removes the account data, the client list, the SMS queue, packages and payments, and revokes the access to Google Calendar; visits saved in Google Calendar stay there. Before the deletion you can request your client list as a CSV file.
- Termination by the user gives no right to a refund for the unused part of a package – this does not affect the right of withdrawal (section 4) or the rights in case of a lack of conformity (section 8).
- The Operator may terminate the contract for important reasons (end of the Service, a change of law or of the terms of its providers that prevents providing it) with 30 days’ notice sent by e-mail. It then refunds the price of the unused days of a paid package.
- The Operator may terminate the contract without notice if the user seriously or persistently violates the law or these Terms (e.g. sends advertising or illegal content) and has not stopped despite a block of the account with a statement of reasons.
11. Processing of your clients’ data
- With respect to your clients’ personal data entered into the Service you are the controller, and you entrust the Operator with processing it (Art. 28 GDPR) to the extent necessary to provide the Service.
- Scope: client name, phone number, visit data (date, time, title, location) and clients’ answers from the links in SMS messages. Purpose: keeping the client list, sending SMS reminders and notifications and handling confirmations and cancellations of visits. Duration: until the account is deleted.
- The Operator processes the data only on your documented instructions given through the Service, ensures that persons authorised to process the data have committed themselves to confidentiality, and applies appropriate security measures (Art. 32 GDPR).
- The Operator assists you in fulfilling data subjects’ rights and in complying with the obligations of Art. 32–36 GDPR, taking into account the nature of processing and the information available to it.
- The Operator notifies you of a personal data breach without undue delay, no later than 48 hours after becoming aware of it.
- You give a general authorisation to the following sub-processors: Digital Virgo Polska Sp. z o.o. (JustSend SMS gateway, Poland); the hosting service mikr.us (application server and database); Cloudflare, Inc. (the network the traffic to the application passes through, USA – EU–US Data Privacy Framework); Functional Software, Inc. (Sentry – error reports, stored in the EU, with phone numbers and e-mail addresses masked); Google LLC (your Google Calendar). The Operator informs you by e-mail in advance about intended changes of sub-processors; you may object and terminate the contract.
- The Operator makes available the information necessary to demonstrate compliance with Art. 28 GDPR and allows for audits, including inspections, at a time agreed in advance.
- After the account is deleted, the Operator deletes your clients’ data (from backups as they are overwritten), unless the law requires otherwise; on request it returns the data to you before the deletion (section 10).
12. Changes to the Terms
- The Operator may change these Terms for important reasons: changes in law, changes of the features or prices of the Service, changes of sub-processors, security reasons.
- The Operator informs about changes by e-mail at least 14 days before they take effect. A user who does not accept them may terminate the contract before that day (section 10).
- A change of prices does not affect packages already ordered.
13. Privacy
The rules of processing personal data are described in the Privacy Policy.
14. Final provisions
- These Terms are governed by Polish law; the choice of law does not deprive a consumer of the protection of the mandatory provisions of the country of their habitual residence.
- Disputes are resolved by the court competent under general provisions.
- The Polish version prevails.