These regulations (Regulations) specify the rules for using the mobile application (Application) owned by QDIQO sp. O.o. with headquarters in Zielona Góra, ul. Stanisława Wyspiańskiego 11, 65-036 Zielona Góra, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court in Zielona Góra, 8th Commercial Department of the National Court Register under KRS number: 0000717330; NIP: 9731048687; REGON: 368895204 (Supplier).
The application allows, in particular, notification of the start and end of advertising blocks on selected TV channels, in real time, 24 hours a day, 7 days a week.
Acceptance of the Regulations is voluntary, but necessary to create an Account or to download and use the Application by Users.
The Regulations shall be made available free of charge in a form that allows the user to download, play and record its contents free of charge. The content contained in the Regulations may be recorded and reproduced by the User by any technique on any media for purposes related to the use of the Application.
I. TECHNICAL REQUIREMENTS, RULES OF ACCESS, PAYMENTS AND TERMS OF CONCLUDING THE AGREEMENT
The application can be downloaded using the online store: App Store – for iOS.
Downloading the App from the App Store is free, and its condition is to have an account active in it. The individual distribution platforms of the Application are mutually exclusive, which means that the purchase (download) of the Application made on one of the platforms can not be completed (downloaded) on the Mobile Device, supported in another operating system and on another platform.
Detailed rules for using the App Store can be found at: http://www.apple.com/legal/internet-services/itunes/us/terms.html.
After installing the Application, the User will be able to use all the functionalities of the Application free of charge for 14 days. After the period referred to in 1, will be asked to subscribe. If the User does not choose to subscribe, he will only have access to a weekly television program for 200 TV stations and descriptions of broadcast TV programs.
Data transmission costs required to download, install, run and use the Application are covered by Users on their own, based on agreements concluded with telecommunications operators or other Internet provider. The Provider is not responsible for the amount of fees charged for the use of data transmission necessary to use the Application. The Supplier recommends that the Application Users use the Application or the operating system function to measure the transmitted data.
The device must meet the following technical requirements:
for the version of the Application downloaded from the Apple App Store – iOS in the minimum version 9.0.
To run and operate the Application it is necessary to:
activating the following functions of the Mobile Device: internet connection;
downloading and installing the Application on the Mobile Device;
choosing the DEMO version of the Application;
going to the configuration mode of the Application, which consists of:
setting the channel numbering by selecting the TV platform the User uses or choosing the default option for the Application,
selecting by the User which channels he wants to display first (whether favorite channels, favorite categories of channels, eg documentaries, movies, etc., channels monitored by the application (ie those that have notifications about advertisements) or default settings),
selecting and saving favorite channels or channel categories, if in the previous step the User chose to display his favorite channels or categories of channels first,
setting notifications about the advertisement by enabling them on the screen (they can then be edited in the Application settings), if the user wants to receive notifications from specific channels, select the “Follow” button next to the monitored channels on the channel list.
In the event that the User wants to continue to use all the functionalities of the Application, after the period of using the DEMO Application version (14-day free period) he must:
register to set up an individual User account by:
selecting on the screen with selection of the mode of operation of the Register button,
entering in the rubric for this intended name,
in the case of registration made on the iOS Mobile Device, fill in a column with an email address that must be compatible with the email address provided in the App Store,
Select the Register button.
purchase a one-month, monthly / three-month / six-month auto-renewable subscription (automatically extended).
The subscription will be purchased using the App Store payment.
Subscriptions (with the exception of a one-month Monthly Subscription) are automatically extended, unless the User resigns.
If the User who has concluded the Agreement in an auto-renewable option, will not be interested in further automatic extension of the Subscription Period, he may terminate the Agreement on the terms described in point. IX para. 3 and 5 of the Regulations.
After subscribing the User will:
received phone notifications by means of a “push” message about the start and end of the ad on the channels he watches;
he could set how much time he wants to get a notification about the start and end of the ad;
he saw on which channels the program flies by the Application and how much more it will last, when the next advertising block will start and when the advertising block will end;
he could set a reminder for a selected TV program and specify how much time he would like to receive a reminder about it;
he could check when (on what days, at what time, on which channel) TV program replays and their new episodes are broadcast;
after the expiration of the DEMO Application version, it had – as in the version without subscription – access to a television program for 200 channels and descriptions of broadcasted programs (films, series, etc.).
II. GENERAL RULES FOR USING THE APPLICATION
Users are required to use the Application and Services in a manner consistent with applicable law, the Regulations and the terms and conditions of the shops from which the Application has been downloaded, as well as the rules of social interaction, including general principles of using the Internet and mobile applications.
Users are required in particular to:
use of the Application, services and functionalities made available by the Supplier in a way that does not interfere with their functioning;
use the Application, services and functionalities made available by the Supplier in a manner that is not inconvenient for other Users and the Supplier, respecting the personal rights of third parties (including the right to privacy) and any other rights they have;
use of any messages, materials and other content made available through the Application only for the purposes of fair use;
provide only valid, up-to-date and all necessary User data in the forms provided as part of the Application;
immediate updating of data, including personal data, provided by the User in connection with the conclusion of a contract for the provision of services, in particular to the extent that it is necessary for their proper performance; The User may change the data entered during the creation of the Account at any time using the options available under the Account;
not supplying and not sending any unlawful content, prohibited by law, applicable law, in particular content infringing the proprietary copyrights of third parties or their personal rights;
refrain from taking actions such as undertaking IT activities or any other activities aimed at entering into possession of information not intended for the User, including data of other Users or interference in the rules or technical aspects of the functioning of the Application and payment execution;
Application downloads only from legal sources.
III. INTELLECTUAL PROPERTY, COPYRIGHT AND RELATED RIGHTS
The application and all content, materials, solutions and information contained therein are subject to exclusive rights of the Supplier or its business partners.
The application is subject to the proprietary property rights of the Supplier. Upon the download of the Application to the User’s Mobile Device, the Provider grants to the User a non-exclusive license to use the Application in accordance with its intended use, including reproduction in connection with downloading it on the Mobile Device, installing and launching on the Mobile Device only to the extent it is necessary to run, operate and store the Application in the memory of the Mobile Device that the User uses.
The User may install the Application on a maximum of three Mobile Devices that he owns, however, only one copy of the Application may be installed on one Mobile Device.
The User is not entitled to use the Application for commercial purposes. The User is not entitled to any broader than directly arising from the subject Regulations of using the Application. In particular, the User is not entitled to request access to the installation versions or source codes of the software being the basis for the functioning of the Application or any dissemination of graphical or text elements that make up the Application.
The User has no right to decompile, disassemble or perform any similar activities (reverse engineering) in relation to the Application made available to him, as well as any other activities related to unauthorized access to the content of databases or the inclusion of other software using the contents of databases.
Content provided as part of access to the Application, the trademarks used in it, company names, logos, photos, multimedia and any other works contained therein within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994, No. 24, item 83, as amended), use the protection provided for in the generally applicable provisions of law.
Use of the Application does not imply the acquisition of any rights on intangible assets for works contained in the Application. In particular, the Supplier shall not copy, distribute, use or modify any components of the Application without the prior written consent of the Supplier.
The license referred to in paragraph 2 above, does not authorize the User to grant further licenses.
The User has no right to multiply, sell or otherwise market or distribute the Application, in whole or in part, in particular, send or share it in computer systems and networks, distribution systems for mobile applications or any other IT systems.
IV. PAYMENT METHODS
The transaction in the Application may be made in the form of a single payment or in the form of an auto-renewable payment.
The Supplier shall provide the User with the following methods of payment as a Subscription depending on the Mobile Device system on which the Application is installed:
in the case of the Application in the version for mobile devices with the iOS system – payments via the payment method indicated by the User in the individual Apple ID account.
If the one-off Monthly Subscription Period expires, the User may purchase the Subscription for subsequent periods.
Subscriptions (excluding one-time Monthly Subscription) are automatically extended, unless the User resigns.
As part of the Subscription purchased, the User may use the Application for a specified period of time in the Subscription Price List.
If the User who has concluded the Agreement in an auto-renewable option, will not be interested in further automatic extension of the Subscription Period, he may terminate the Agreement on the terms described in point. IX para. 3 and 5 of the Regulations. In the event of resignation from the auto-renewable Subscription, in the manner specified in the preceding sentence, the User loses access to the functionality of the Application specified in point I paragraph 12 of the Regulations with the end of the last Subscription Period paid by the User.
V. WITHDRAWAL FROM THE AGREEMENT
The right to withdraw from the Agreement is vested in the User who has concluded the Agreement with the Supplier as a Consumer.
The User who concluded a contract with the Supplier as a consumer may withdraw from the Agreement within 14 days from the date of its conclusion by submitting a statement (eg by e-mail or on the form) without giving a reason and without incurring costs. To comply with the deadline referred to in 1, it is enough to send a statement before its expiry.
The consumer may submit any statement in which he will explicitly inform about his withdrawal from the Agreement. The declaration of withdrawal from the Purchase Agreement may be submitted, for example, by sending a statement of withdrawal from the Agreement in writing to the Supplier’s address of Qdiqo Sp. z o.o., ul. Wyspiańskiego 11, 65-036 Zielona Góra or by e-mail to the email address of the supplier [email protected]
The statement may also be submitted on a form, the model of which is provided by the Supplier at https://www.qdiqo.com/regulamin-app-store/ in a way that allows it to be downloaded, saved, printed and reproduced.
In the event of withdrawal from a distance contract, the contract is considered void and the Supplier returns the payments made.
The Supplier is obliged to immediately, not later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the contract, return to the Consumer all payments made by him.
The Supplier shall refund the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
VI. COMPLAINT PROCEDURE
The Supplier shall exercise due diligence to ensure the proper level of Application operation. The Supplier is obliged to provide the User with a Product without defects. The User is entitled to submit a complaint to the Supplier regarding the Services provided or the operation of the Application.
Complaints related to the provision of Services or the operation of the Application may be reported by the User, for example, as follows:
to the correspondence address Suppliers: ul. Stanisława Wyspiańskiego 11, 65-036 Zielona Góra;
by phone: +48 68 410 99 76;
via the contact form inside the application;
by e-mail to the following address: [email protected]
It is recommended that the User provide a description of the problem being the basis for lodging the complaint when submitting the complaint, and in it provide information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; Requests and contact details of the complaining party, which will facilitate and accelerate the Complaint by the Supplier. Filing a complaint without taking into account the recommended description of the complaint referred to in the preceding sentence does not affect the effectiveness of the complaint.
The Supplier shall reply to the Complaint without undue delay, no later than within 30 days from the date of receipt of the Complaint, unless specific provisions provide otherwise. No response to the complaint within 30 days from the date of receipt means the recognition of the complaint.
The deadline indicated in paragraph 4 above, does not apply to warranty claims. The Supplier shall reply to the warranty claim without unnecessary delay, no later than within 14 days from the date of receipt of the complaint, provided that it meets the requirements indicated in art. 5615 of the Civil Code.
Submitting a complaint by the User, as well as its non-recognition or leaving it without recognition by the Supplier, does not affect the User’s right to pursue claims in court in accordance with the applicable provisions of law.
Detailed information on the User’s ability to use the Consumer from out-of-court complaint and redress mechanisms and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection and at the Internet address ec.europa.eu/consumers/odr.
The internet platform ec.europa.eu/consumers/odr has an online platform for settling disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales contract or service contract.
VIII. SECURITY AND DATA PROTECTION
With respect to personal data provided by the User via the Website, the Provider acts as a personal data administrator. Such data may include, in particular: name, surname, e-mail address, telephone number.
The Supplier processes User’s personal data in accordance with applicable law.
The Supplier uses the necessary technical measures to prevent the acquisition and modification of personal data sent electronically by unauthorized persons.
The User has the right to access their personal data, including requests for their copy, rectification, processing or deletion of their data, notification of rectification, limitation of processing or deletion of data, resignation from the Application, transfer of personal data, objection to the processing of personal data , lodge complaints with the President of the Office for Personal Data Protection, unless legal provisions exclude or limit these rights.
IX. CONDITIONS OF TERMINATION
Uninstalling the Application or deleting the Account from the Application does not automatically terminate the Subscription. If the User uninstalls the Application or deletes the Account without canceling the Subscription, the payment will still be charged.
To cancel the Subscription on the App Store, you must:
open Settings, and then open the iTunes tab and the App Store,
go to the “Subscriptions” tab,
choose the Application,
choose the “cancel free trial” or “cancel subscription” button.
The Agreement is concluded for the time covered by the Subscription purchased by the User and terminated upon the end of the Subscription period, unless the Subscription is automatically extended on the terms and conditions set out in the Regulations.
An auto-renewable subscription may be canceled by the User at any time, no later than 24 hours before the end of the term for which it was purchased. Canceling a subscription is possible from the device level as part of the user account settings of a given distribution platform. A subscription canceled before the end of the period for which it was purchased is active until the end of this period. It is not possible to refund for an unused subscription.
The Supplier may at any time terminate the Agreement or any license agreement granted under the Terms and Conditions with the User without notice for important reasons listed below, understood as (closed catalog):
change in the manner of providing services caused only by technical or technological reasons (in particular, updating the technical requirements indicated in the Regulations);
change of the provisions of law regulating the provision of electronic services by the Supplier affecting the mutual rights and obligations set out in the contract concluded between the User and the Provider or change in the interpretation of the above provisions as a result of court decisions, decisions, recommendations or recommendations appropriate to the given area of offices or bodies;
changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modification or withdrawal by the Supplier of the existing functionalities or services covered by the Regulations.
The supplier’s statement in the scope specified in point IX para. 6 above sends in the Application or e-mail address provided by the User after subscribing, and in case if the Supplier does not have the User’s e-mail address by notifications in the Application.
If it is found that the User commits activities prohibited by law or the Regulations, or violates the principles of social coexistence or harming the justified interests of the Supplier, and in particular the good name, the Supplier may take all lawful actions, including limiting the User’s ability to use the Application.
X. FINAL POTANOWIENIA
The Regulations are valid from January 15, 2019.
Contracts concluded on the basis of the Regulations are concluded in Polish.
The service provider reserves the right to change the Regulations in the event of at least one of the following important reasons (closed catalog):
change of the legal provisions regulating the provision of electronic services by the Delivery of services affecting the mutual rights and obligations set out in the Agreement or change in the interpretation of the above provisions as a result of court decisions, decisions, recommendations or recommendations appropriate to the given area of offices or bodies;
change in the manner of providing services solely due to technical or technological reasons, in particular in case of updating technical requirements indicated in the Regulations;
changing the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modification or withdrawal by the Provider of the services of the existing functionalities or services covered by the Regulations.
The Supplier shall inform the User about the content of amendments to the Regulations by posting a message in the Application no later than 14 days before the amendments come into force. The User is also informed about the change in the Regulations via e-mail to the e-mail address indicated by the User.
In the event of making changes to the Regulations, the Supplier shall provide the consolidated text of the Regulations by publishing on the Website and by means of a message sent via e-mail to the e-mail address provided by the User. If the Supplier does not have the User’s e-mail address – the message about the change in the Regulations will be provided to the User as part of the Application’s notifications.
The amendment to the Regulations comes into force after 14 days from the date of sending information about the change.
The User has the right to terminate the Agreement within 14 days from the date of notifying him of the change in the Regulations.
The amended Regulations will bind the User who registered the Account in the Application, if in the absence of acceptance of amendments to the Regulations, the User does not submit a notice of termination of the Account service agreement within 14 days from the date of receipt of the change in the Regulations.
The content of the Regulations is available to the User free of charge at the following URL: https://www.qdiqo.com/regulamin-app-store/, as well as within the Application, from where the User may view and print at any time.
If any of the provisions of the Regulations is or will be ineffective, this shall not affect the binding force of the other provisions. In place of an ineffective provision of the Regulations, the rule will apply, which is the closest to the purposes of the invalid provision and the entire Regulations.
In matters not covered by the Regulations, generally applicable provisions of Polish law shall apply.
The choice of Polish law on the basis of the Regulations does not deprive the Consumer of protection granted to him on the basis of regulations that can not be excluded by an agreement between the Supplier and the Consumer, by law, which in accordance with applicable regulations would be appropriate in the absence of choice.