These regulations (hereinafter: "Regulations")
specifies terms and conditions of use of the Web Platform INSY operating at the Internet address insy.io and other services provided by the Service Provider.
The Platform is a tool enabling the creation of Communities and
joining the Community by Users within the Platform and third party
applications.
The Regulations are the regulations referred to in Art. 8 of the Act
of 18 July 2002 on the provision of services by electronic means
(hereinafter: "Act on the provision of electronic services").
The provider of the services described in the Regulations is INSY
spółka z o.o. based in Rzeszów (registered address: ul. Borowa 1C,
35-232 Rzeszów), entered into the register of entrepreneurs of the
National Register Judicial proceedings conducted by the District
Court in Rzeszów, 12th Department Commercial Register of the
National Court Register under KRS number: 0001191036, having NIP:
5170462877, REGON number: 542552731, having share capital in the
amount of PLN 5,000 (five thousand zlotys) (hereinafter: "Service provider").
Contact with the Service Provider is possible via:
traditional mail – at the following address: ul. Borowa 1C,
35-232 Rzeszów;
In accordance with the provisions of the Regulations of the European
Parliament and of the Council (EU) 2022/2065 of 19 October 2022 on
the single digital services market and amendments to Directive
2000/31/EC (Act o digital services) (hereinafter: "DSA"), Service Provider has designated a contact point for direct
communication with authorities of EU Member States, the European
Commission, the Services Council Digital and Platform Users in
matters covered by the regulation DSA. The contact point is
available at: dsa@insy.io.
Before using the Platform, the User is obliged to: is to read and
accept the Regulations and Policy privacy.
§ 2. Definitions
Capitalized words used in the Regulations have the following meanings:
meaning:
Price list – a document presenting possible variants
of the Commission and Community Establishment Services;
Civil Code - Act of 23 April 1964 Code civil;
Consumer - a natural person performing activities with
the Service Provider legal entity not directly related to its business
activity or professional;
Account - panel created in the Platform's IT system,
enabling the User to use its functionalities;
Login - individual and unique e-mail address being the
unique identifier of the User within the Platform;
Inconsistency – this means non-compliance of the Service
with the Agreement for its provision (criteria for assessing the compliance
of the Service with the Agreement regarding its delivery is specified
in Art. 43k section 1-2 of the Consumer Rights Act);
Opinion – User's opinion about the Service, including
the description User's experiences related to using the Services;
Subscription Fee – membership fee and the User joining
a Community that provides paid access. The Subscription Fee goes to the
User who created the Communities after deducting the Service Provider's
Commission;
Platform – a tool enabling the creation of Communities
and joining the Community by Users within the Platform and third party
applications;
Privacy Policy - a document containing information about
the processing of Users' personal data by the Service Provider;
Commission – part of the Subscription Fee that is deducted
to the Service Provider from each Subscription Fee paid by the User;
Entrepreneur - natural person, legal person or entity
organizational unit without legal personality, with special provisions
grant legal capacity, conducting business activity on their own behalf
or professional;
Entrepreneur with Consumer Rights - natural person conducting
business or professional activity on its own behalf, which concluded an
agreement with the Service Provider directly related to its activities
economic, but not of a professional nature for this person, resulting
in particular from the subject of its activities economic;
Regulations - term defined in § 1 section 1 of the Regulations;
Community – profile created by the User on the Platform
along with the appropriate broadcast channels on Discord or Telegram (or
both), enabling Users to exchange experiences, education and communication
within closed social groups;
Content/User Content – all data (including data personal
data), electronic files, information and materials saved by the User on
the Account and published on the Platform or Community by User;
Agreement for the provision of the Community Joining Service – contract for the provision of a digital service within the meaning
of the Rights Act consumer, on the basis of which the Service Provider
undertakes to provide for the User, the Service of joining the Community;
Agreement for the provision of the Community Creation Service – contract for the provision of a digital service within the meaning
of the Consumer Rights Act, under which the Service Provider undertakes
to deliver to the User Community creation service;
Agreement for the provision of the Account Service -
delivery contract digital service within the meaning of the Consumer Rights
Act, pursuant to which the Service Provider undertakes to provide the
Service to the User Accounts;
Agreement/Agreement for the provision of the Service – supply agreement one of the above Services depending on the nature
of the relationship described in the given a fragment of the Regulations;
Community Joining Service - digital service in within
the meaning of the Consumer Rights Act, consisting in enabling the User
joining the Community, under the conditions specified in the Regulations;
Account Service - digital service within the meaning
of the Rights Act consumer, consisting in enabling the User to create
an Account, under the conditions specified in the Regulations;
Community creation service – digital service as understood
Act on Consumer Rights, consisting in enabling the User creating a Community,
under the conditions specified in the Regulations;
Service/Services – Account Service, Community Creation
Service and Community Joining Service;
Service provider - term defined in § 1 section 4 of the
Regulations;
Consumer Rights Act - Act of May 30, 2014 on consumer
rights;
Act on the provision of electronic services - deadline
defined in § 1 section 3 of the Regulations;
User – Entrepreneur, Consumer or Entrepreneur on the
rights of a Consumer who uses the Platform as part of the Services.
§ 3. Technical requirements
In order for the User to properly use the services provided by the
Service Provider, it is necessary:
connection to the Internet;
having devices that allow the use of network resources Internet;
having a device with the Android 11 or Android operating system
higher or iOS 15 or higher;
using a web browser enabling displaying hypertext documents on
the device screen, connected on the Internet through a web
service and supporting the JavaScript programming language, and
moreover accepting cookies;
having an active e-mail account.
Within the Platform, the User is prohibited from using viruses,
bots, worms or other computer codes, files or programs (in
particular those automating script processes and Platform or other
codes, files or tools).
The Service Provider informs that it uses cryptographic protection
electronic transfer and digital content by application appropriate
logical, organizational and technical measures, incl in particular
to prevent third parties from accessing data, including through SSL
encryption, the use of access passwords and antivirus programs or
unwanted software.
The Service Provider informs that despite the use of the security
measures referred to paragraph speech 3 above, using the Internet
and services services provided electronically may be at risk of
being accessed the ICT system and device of the malicious User
software or accessing data located on this device by third parties.
In order to minimize mentioned threat, the Service Provider
recommends the use of programs antivirus or online identification
protection measures Internet.
§ 4. General rules for using the Services
Creating an Account on the Platform is free of charge.
The use of the Platform in the scope of establishing a Community is
free of charge.
Using the Platform to join the Community may be free or paid,
depending on the settings selected by User creating the Community.
The Service Provider charges a Commission in as part of the fees for
joining and belonging to the Community (Fee Subscription).
The Service Provider reserves the right to introduce it in the
future additional, optional features or services that may be
available for a fee. About any change regarding the introduction of
paid features The Service Provider will inform the User in advance.
As part of the Services offered on the Platform, the User may: join
the Community, create a Community and create an Account.
Submit any songs or other content to the Community copyrighted
content is tantamount to a statement that the User owns the work or
content in question all intellectual property rights, and their
addition and use does not infringe any of them by other Users on the
Platform no rights of third parties or generally applicable
regulations rights.
As part of the Platform, the User may upload his/her own files to
the Platform markings, logos, trademarks. With the upload of the
above-mentioned elements on Platform, the User grants the Service
Provider a non-exclusive, non-transferable, territorially unlimited
license in the scope using the above-mentioned elements for the
purpose of making the Content public User, for the duration of the
User's use of the Platform.
The User is obliged to use the Platform in a manner in accordance
with the provisions of generally applicable law, provisions of the
Regulations, as well as with good customs.
Providing content of an unlawful nature by the User is illegal
prohibited.
User using the services provided by the Service Provider undertakes
to provide only consistent data (including personal data). with the
actual state. The service provider is not responsible for
consequences of providing false or incomplete information by the
User data.
In the event that activities within the Platform are performed by a
person a natural person acting on behalf of a User who is not a
person physical, performing such an action is tantamount to
submitting by the natural person performing such an activity, a
declaration that it is authorized to represent the User. The service
provider is entitled to require such a natural person to submit
proof having the authority to represent the User, in in particular
the power of attorney document or an extract from the relevant one
registry. In the event of an action being performed on behalf of the
User despite the lack of authorization to represent him, a natural
person who performs this activity bears the responsibility provided
for in provisions of the Civil Code.
In case of technical problems related to functioning of the
Platform, the User has the opportunity to report them by e-mail to
the address support@insy.io.
In particular, the following are considered violations of the
Regulations:
providing illegal content by the User;
providing offensive content by the User, vulgar, incompatible
with dignity, violating good things customs;
the User's use of the Service and functionality contrary to
their intended use;
providing false or incomplete data by the User;
the User creates more than one Account using the same email
address.
In the event of a violation of the Regulations, the Service Provider
may: call on the User to delete it and assign him/her for this
purpose a period of not less than 7 (seven) days. Notwithstanding
the above – Service provider on the above-mentioned time can block
the visibility of content.
If the User fails to remove the violation of the Regulations – The
Service Provider has the right to block access to the Platform, to
the moment of removal of the violation referred to in section 13 and
14. Persistent violation of the Regulations may result in temporary
or lifetime blocking of access to the Platform.
In the event of blocking the visibility of content (section 14) or
in in the event of applying the measures referred to in paragraph 15
– The user may submit an appeal according to principles analogous to
the principles described in § 12 of the Regulations.
All declarations, summonses, notices and information, o referred to
in the Regulations may be transferred by post electronically, unless
a specific provision of the Regulations provides otherwise.
The Service Provider may also provide the Services provided herein
Regulations on the basis of a separate, individual agreement with
User. If the User is interested in a separate and individual quote -
please contact the Service Provider by e-mail or by phone.
§ 5. Agreement for the provision of the Account Service
In order to conclude an Agreement for the provision of the Account
Service, the User should do the following:
go to the Platform's website and then click on "create account"
tab;
enter the required data in the displayed form;
It is mandatory to check the checkbox next to the declaration of
familiarity with the Regulations and Privacy Policy and accept
them provisions;
optional - check the checkbox next to the statement about the
expression consent to receiving the Newsletter;
click the "Create account" button.
After clicking "Create an account", enter the e-mail address The
activation link provided by the User is sent Accounts. After
clicking on the link, the User gains access to the Account. Clicking
on the sent link by the User is tantamount to conclusion by the User
of the Agreement on the provision of the Account Service.
The User gains access to the Account immediately after clicking
"create account" button.
Using the Account, the User may in particular:
store your personal data;
browse Communities;
manage the Communities the User has joined;
conclude an Agreement to establish a Community;
conclude an Agreement to join the Community;
The User informs and the User acknowledges that maintaining
compliance of the Account Service with the Service Provision
Agreement The Account does not require the User to install its
updates.
The provisions of section 7-13 apply only to Consumers and
Entrepreneurs with Consumer Rights.
If the User is not granted access to the Account immediately after
concluding the Agreement for the provision of the Account Service,
The User requests the User to immediately grant access to Accounts.
The summons referred to in the preceding sentence may be made sent
via e-mail to the address indicated in § 1 paragraph 5 point 1 of
the Regulations. If the User does not provide the User has access to
the Account immediately after receiving the request, referred to in
the preceding sentence, the User may withdraw from Agreements for
the provision of the Account Service.
Notwithstanding the provisions of section 7 above, failing this
granting the User access to the Account, the User may withdraw from
the Agreement for the provision of the Account Service without
calling the User to granting access to the Account, if at least one
of the following applies: cases specified in Art. 43j section 5 of
the Consumer Rights Act.
Notwithstanding the provisions of section 7-8 above, the User may
terminate the Agreement at any time and without giving any reason
provision of the Account Service with immediate effect. Moreover, on
pursuant to art. 27 et seq. of the Consumer Rights Act, the User may
withdraw from the Agreement for the provision of the Account Service
without giving a reason, within 14 (fourteen) days from the date of
its conclusion.
Withdrawal from the Agreement for the provision of the Account
Service or its termination, regardless of the basis for this action,
takes place by submitting it to the Service Provider by the User
declaration of withdrawal from the Agreement for the provision of
the Account Service or about its termination. The statement referred
to in the sentence preceding, may be sent via e-mail, to the address
indicated in § 1 section 5 point 1 of the Regulations. The service
provider removes it Account immediately after receiving the
declaration referred to in the preceding sentence.
If the User uses the Account in a inconsistent manner with the
provisions of generally applicable law and provisions Regulations or
good practices, as well as delivery by The Service Provider may
provide the User with illegal content terminate the Agreement for
the provision of the Account Service with due notice 7 (seven) days'
notice by submitting Notice of termination to the User by post
electronic. After the expiry of the notice period indicated in the
sentence preceding, the Account is permanently deleted. During the
period termination, the Service Provider may block the User's access
to Accounts if necessary to prevent committing further violations by
the User.
In the event of applying the measure referred to in section 11
above, The user against whom the measure has been applied may submit
appeal under the terms described in § 12 of the Regulations.
Blocking or deleting the Account is tantamount to termination in the
same manner as the Agreement for the creation of the Community or
the Agreement for joining the Community. If the User was owed fees
for the membership of other Users in a given period settlement –
they will be paid to the User.
§ 6. Agreement for the provision of the Community Creation Service
Pursuant to the Agreement for the provision of the Community
Creation Service, The Service Provider enables the User to create a
Community, enabling in particular:
access to the Platform;
access to analytics;
adding Content;
ability to upload photos;
ability to create descriptions and bookmarks;
personalization of the Communities tab;
possibility of adding a logo;
ability to add descriptions and categories;
possibility of creating paid access and setting a price;
ability to set a member limit;
data storage;
receiving notifications;
support in creating channels within the Discord application and
Telegram;
The scope of functionality and support of the Service Provider
available within Services may vary depending on the selected variant
from the Price List.
In order to conclude an Agreement for the provision of the Community
Creation Service, The user should do the following:
log in to your Account;
go to the Platform's website and then click on "Create a
community" tab;
enter the required data in the displayed form;
It is mandatory to check the checkbox next to the declaration of
familiarity with the Regulations and Privacy Policy and accept
them provisions;
optional - check the checkbox next to the statement about the
expression consent to receiving the Newsletter;
if you choose the paid form of Community - choose plan z Price
list;
click the "Create Community" button.
After clicking "Create a community", the community is created
Communities. Clicking the "Create a Community" button is tantamount
to concluding an Agreement for the establishment of the Community.
The Service Provider informs and the User acknowledges that
maintaining compliance of the Service with the Service Provision
Agreement is not required the User installs its updates.
You may choose to restrict access to the Community to a specific
number of people.
The User undertakes to create only Communities whose The topic will
only cover issues consistent with applicable regulations legal
provisions. The user creating the Community is exclusively
responsible for the legality and all content of the Content
published in within the Community.
The User undertakes to add to the description and the Communities
tab only truthful and generally accepted information applicable law
and Regulations.
The User may choose to pay for access to the Community. W if you
choose paid access to the Community - User can freely shape the
access price and periodic payments for other Users.
In order to use the paid Community, the User is obliged to create an
account and configure it on the Platform Stripe, which is then
integrated with the Account. The user is solely responsible for
setting up your account with the third party payment operator and
correctness of the entered data. User is also obliged to accept the
terms of service services via Stripe. The service provider only
provides a platform for integration with the Stripe system.
Within the Community - the Service Provider may, at the User's
discretion provide support and integration with Discord and Telegram
applications, in particular by providing bots or creating channels
and chats. The User is aware that in order to use the
above-mentioned applications – it is necessary to install and accept
them conditions of their use provided by manufacturers.
A user can create multiple Communities.
The Service Provider does not guarantee that the User Community will
be positioned preferentially (e.g. on the first page). Community
positioning is based on the number of them members.
The provisions of section 15-20 apply only to Consumers and
Entrepreneurs with Consumer Rights.
If the User is not granted access to the Service creating the
Community immediately after concluding the Agreement providing the
Service to create a Community, the User requests The Service
Provider to immediately grant access to the Creation Service
Communities. The summons referred to in the preceding sentence may
be sent via e-mail to the address indicated in § 1 section 5 point 1
of the Regulations. In the event that the Service Provider does not
will grant the User access to the Community Creation Service
immediately after receiving the request referred to in the sentence
preceding, the User may withdraw from the Delivery Agreement
Community Creation Services.
Notwithstanding the provisions of section 15 above, in the absence
thereof granting the User access to the Community creation Service,
The User may withdraw from the Agreement for the provision of the
Creation Service Community without requesting the Service Provider
to grant access to Community creation services if at least one of
cases specified in Art. 43j section 5 of the Consumer Rights Act.
Notwithstanding the provisions of section 15-16 above User may
terminate the Agreement for the provision of the Community Creation
Service by deleting your Account on the Platform or by submitting an
order to delete his Service Provider Account, by sending appropriate
information to the address § 1 section 5 point 1 Regulations.
Withdrawal by the User from the Agreement for the provision of the
Service creation of the Community or its termination, regardless of
basis for performing this activity is done by submitting Service
Provider's declaration of withdrawal from the Supply Agreement
Services to create a Community or to terminate it. The declaration
referred to in the preceding sentence may remain sent via e-mail to
the address indicated in § 1 paragraph 5 point 1 of the Regulations.
In the event of a User violating the provisions of the Regulations i
failure to remove this violation despite receiving a request, the
Service Provider may terminate the Agreement for the provision of
the Creation Service Communities with a notice period of 7 days
(seven) days, by submitting a declaration to the User about notice
by e-mail. After the period has expired notice of termination
indicated in the preceding sentence, Service Provider suspends the
provision of the Community Creation Service. In time duration of the
notice period, the Service Provider may block The User has access to
the Platform if it is necessary for the purpose prevent further
violations by the User.
The Service Provider deletes the Account immediately after receiving
the declaration, o referred to in section 18 above, or after the
expiry of the notice period, referred to in section 19 above.
§ 7. Agreement for the provision of the Community Joining Service
Pursuant to the Agreement for the provision of the Community Joining
Service, The Service Provider enables the User to join the
Community, enabling in particular:
access to the Platform;
access to the Community;
adding Content;
ability to access Community channels in Discord applications and
Telegram;
data storage;
receiving notifications;
support in creating channels within the Discord application and
Telegram.
In order to conclude an Agreement for the provision of the Community
Creation Service, The user should do the following:
log in to your Account;
go to the Platform's website and then click on Social tab;
enter the tab of the selected Community;
select "Join on Telegram" or "Join on Discord";
enter the required data in the displayed form;
It is mandatory to check the checkbox next to the declaration of
familiarity with the Regulations and Privacy Policy and accept
them provisions;
optional - check the checkbox next to the statement about the
expression consent to receiving the Newsletter;
click the "Join and pay" button - if applicable The community
anticipates a fee for access and membership or "I'm joining" –
in the case of a free Community.
After clicking "Join and pay", you are redirected to Subscription
Fee execution tabs. Community Access is granted after the
Subscription Fee has been paid. In case paid access to the Community
- the Agreement is concluded at the moment clicking the "Join and
pay" button.
In the case of free access to the Community - the Agreement is
concluded is when you click the "Join" button.
The Service Provider informs and the User acknowledges that
maintaining compliance of the Service with the Service Provision
Agreement is not required the User installs its updates.
Within the Community - the User who created the Community can
conduct it within the Discord and Telegram applications. User is
aware that in order to use the above-mentioned application –
necessary is installed and accepts the terms of use, provided by
manufacturers.
The User undertakes to add Content and Communities only truthful and
generally accepted information applicable law and Regulations.
A user can join several Communities.
The provisions of section 10-15 apply only to Consumers and
Entrepreneurs with Consumer Rights.
If the User is not granted access to the Service joining the
Community immediately after concluding the Agreement providing the
Community Joining Service, the User requests The Service Provider to
immediately grant access to the Connection Service to the Community.
The call referred to in the preceding sentence may be sent via
e-mail to the following address indicated in § 1 section 5 point 1
of the Regulations. In the event that the Service Provider will not
grant the User access to the Join Service Communities immediately
after receiving the request referred to in the preceding sentence,
the User may withdraw from the Agreement providing the Community
Joining Service.
Notwithstanding the provisions of section 10 above, failing this
granting the User access to the Join Service Communities, the User
may withdraw from the Delivery Agreement Services to join the
Community without calling the Service Provider to granting access to
the Community Joining Service, if at least one of the cases
specified in Art. 43j section 5 Consumer Rights Act.
Notwithstanding the provisions of section 10-11 above User may
terminate the Agreement for the provision of the Community Joining
Service by deleting your Account on the Platform or by submitting an
order to delete his Service Provider Account, by sending appropriate
information to the address § 1 section 5 point 1 Regulations.
Withdrawal by the User from the Agreement for the provision of the
Service joining or terminating the Community, regardless of basis
for performing this activity is done by submitting Service
Provider's declaration of withdrawal from the Supply Agreement
Services to join or terminate the Community. The declaration
referred to in the preceding sentence may remain sent via e-mail to
the address indicated in § 1 paragraph 5 point 1 of the Regulations.
In the event of a User violating the provisions of the Regulations i
failure to remove this violation despite receiving a request, the
Service Provider may terminate the Agreement for the provision of
the Connection Service Communities with a notice period of 7 days
(seven) days, by submitting a declaration to the User about notice
by e-mail. After the period has expired notice of termination
indicated in the preceding sentence, Service Provider suspends the
provision of the Community Creation Service. In time duration of the
notice period, the Service Provider may block The User has access to
the Platform if it is necessary for the purpose prevent further
violations by the User.
The Service Provider deletes the Account immediately after receiving
the declaration, o referred to in section 13 above, or after the
expiry of the notice period, referred to in section 14 above.
§ 8. Fees and settlements
Payments within the Platform are processed via external, integrated
payment operator – Stripe.
As part of the Service Provision Agreement, joining the Community -
a given Community may provide for paid membership.
In the case referred to in section 2 – User to join to the Community
is obliged to pay the Subscription Fee in the amount visible in the
Communities tab and to pay it under the conditions and cycles
described in the Communities tab.
Access to the Community is granted upon payment of the Fee
Subscription. Continuous access to the Community is a condition of
periodic payment of the Subscription Fee.
The user may resign from paid access at any time Communities. In
such a case – his membership is canceled the end of a given billing
period specified in the tab Communities.
Prices in Community bets are given in PLN and represent value gross.
All payments are made by the User using the systems payments made
available within the Platform or external payment providers.
Payments can be made periodically or per month through one-off
transactions – depending on your choice User (including payment by
payment card or BLIK).
Failure to pay the Subscription Fee by the User will result in
suspension of access to a given Community until payment is made
Subscription Fee.
If a given Community provides for paid membership - Subscription
Fees are paid to the User who created a given Community under the
Service Provision Agreement creation of the Community, net of the
Commission due to the Service Provider.
The User who has set up a paid Community is aware that payments are
made by an external entity. Delivery time i impact of the
Subscription Fee on the User's account on the platform Stripe is
subject to external terms of service Stripe.
The commission paid to the Service Provider depends on the selected
one variant from the Price List. The commission is 8% of the amount
of each Fee Subscription fee and is automatically deducted upon
payment by Users Subscription Fee to the User who created a given
Community.
The Service Provider may change the Price List at any time.
Changing the Price List does not in any way affect the amount of
fees specified in the Service Provision Agreements concluded before
the change Price list. A change to the Price List does not
constitute a change to the Regulations.
At the end of the billing month, depending on the date concluding an
Agreement for the provision of the Community Creation Service - The
Service Provider sends it by e-mail to the User's address a
collective invoice for the entire month.
If the Service Provider uses the measures referred to in § 4 section
15 and lack of effective User appeal – The User who created the
Community is not entitled to the Fee Subscription fee for the time
during which the User has access to the Platform was justifiably
blocked. In such a case, the Fee The subscription fee is returned to
Users who joined Communities with an appropriate message stating the
reason for the return and about blocking a given Community or
Content.
If the Service Provider uses the measures referred to in § 4 section
15 and the lack of effective revocation by the User and occurrence
of the situation referred to in section 16 above – User, who founded
the Community is obliged to repay the benefit Service Provider
reasonable expenses incurred under processing payments and refunds
for the period in which the above occurred. circumstances (including
the commission charged by Stripe). This The provision is effective
only against Entrepreneurs.
§ 9. Complaints regarding the Service - Consumers and Entrepreneurs
Consumer Rights
The provisions of this paragraph apply only to Consumers and
Entrepreneurs with Consumer Rights.
The Service provided to the User by the Service Provider must be
compliant with: applicable to the Agreement throughout the entire
period of Service delivery.
The Service Provider is liable for the Non-compliance disclosed in
period of Service delivery.
In the event of disclosing non-compliance, the User may file a
complaint a complaint containing a request to bring the Service into
compliance with The contract for its supply.
Complaints are submitted via e-mail to the following address:
indicated in § 1 section 5 point 1 of the Regulations.
The complaint should include:
User's name and surname;
e-mail address;
description of the disclosed Nonconformity;
requesting that the Service be brought into compliance with the
Agreement relating to it delivery.
The Service Provider may refuse to bring the Service into compliance
with the Agreement regarding its delivery, if this is impossible or
would require the Service Provider to incur excessive costs.
After considering the complaint, the Service Provider provides the
User response to a complaint in which:
acknowledges the complaint and indicates the planned delivery
date Services for compliance with the Agreement for its
provision;
refuses to bring the Service into compliance with the Agreement
relating to it delivery for the reasons indicated in section 7
above;
rejects the complaint because it is groundless.
The Service Provider responds to the complaint by mail
electronically within 14 (fourteen) days from its date receipt.
If the complaint is accepted, the Service Provider at its own
expense brings the Services into compliance with the Agreement
regarding its provision in within a reasonable time from the receipt
of the complaint and without excessive amounts inconvenience to the
User, taking into account the nature of the service and the purpose
for which it is used. Planned delivery date Services for compliance
with the Agreement regarding its provision by the Service Provider
indicates in response to a complaint.
In the event of disclosing non-compliance, the User may file a
complaint The Service Provider's declaration of withdrawal from the
Agreement when:
bringing the Service into compliance with the Agreement relating
to it delivery is impossible or requires excessive costs;
The Service Provider did not bring the Service into compliance
with the Agreement regarding its delivery in accordance with
paragraph 10 above;
The incompatibility persists even though the Service Provider
has tried bring the Service into compliance with the Agreement
relating to it delivery;
The non-compliance is significant enough to justify withdrawal
Agreement for the provision of the Service without prior request
from Service Provider to bring the Service into compliance with
the Agreement regarding its delivery;
it clearly follows from the Service Provider's statement or
circumstances that The Service Provider will not bring the
Service into compliance with the Agreement its delivery within a
reasonable time or without excessive inconvenience for the User.
A declaration of withdrawal from the Agreement may be submitted
using: e-mail, to the address indicated in § 1 section 5 point 1
Regulations.
The declaration of withdrawal from the Agreement should include:
User's name and surname;
e-mail address;
the date of delivery of the Service to the User;
description of the disclosed Nonconformity;
indication of the reason for submitting the declaration,
selected from: reasons indicated in section 11 above;
declaration of price reduction, along with an indication of the
reduced price or a declaration of withdrawal from the Agreement.
If the User withdraws from the Delivery Agreement Services of using
the Platform, the Service Provider deletes the Account immediately
after receiving a declaration of withdrawal from the Supply
Agreement Services.
Pursuant to Art. 34 section 1a of the Act on Consumer Rights,
section if the User withdraws from the Agreement regarding providing
the Service, the User is obliged to stop using the Service and
making it available to third parties.
§ 10. Service Complaints - Entrepreneurs
The provisions of this paragraph apply only Entrepreneurs.
In the event of disclosing non-compliance of the Service with the
Regulations, the User may file a complaint.
Complaints are submitted in writing or by post electronically, to
the address indicated in § 1 section 5 of the Regulations, no later
than 30 days from the date of disclosure of non-compliance.
The complaint should include:
User name;
e-mail address;
description of the disclosed non-compliance of the Service with
the Regulations.
The Service Provider may refuse to bring the Service into compliance
with Regulations if it is impossible or would require incurring
excessive costs by the Service Provider.
After considering the complaint, the Service Provider provides the
User response to a complaint in which:
acknowledges the complaint and indicates the planned delivery
date Services for compliance with the Regulations;
refuses to bring the Service into compliance with the
Regulations the reason indicated in section 5 above;
rejects the complaint because it is groundless.
The Service Provider responds to the complaint by mail
electronically within 21 (twenty-one) days from its date receipt. In
particularly complicated cases, the deadline response to a complaint
may be extended to 30 calendar days.
§ 11. Right to Withdraw from the Agreement - Consumers and
Entrepreneurs with Consumer Rights
The provisions of this paragraph apply only to Consumers and
Entrepreneurs with Consumer Rights.
Pursuant to Art. 27 et seq. of the Act on Consumer Rights, the User
has the right to withdraw from the Agreement without giving any
reason within 14 (fourteen) days from the date of its conclusion.
The User exercises the right to withdraw from the Agreement by
submitting it Service Provider's declaration of withdrawal from the
Agreement. To be preserved deadline for withdrawal from the
contract, it is enough to send a statement before the deadline
referred to in section 1 above.
A declaration of withdrawal from the Agreement may be submitted by:
User in any form, in particular on a form constituting Annex No. 2
to the Consumer Rights Act.
In the event of submitting a declaration of withdrawal from the
Agreement, The Service Provider immediately sends the User
confirmation received by e-mail.
If the User withdraws from the Agreement, the Service Provider will
delete the Account immediately after receiving the declaration of
withdrawal from the Agreement.
The User is not entitled to withdraw from the Agreement with respect
to Agreements, if the Service Provider has fully performed the
Service express consent of the User who is a Consumer and the
Entrepreneur on the rights of a Consumer who has been informed that
after fulfillment services provided by the Service Provider will
lose the right to withdraw from the Agreement.
§ 12. Content and Opinions
Users may submit Feedback regarding the services to the Service
Provider provided by the Service Provider.
Feedback may be submitted in any way, including: via e-mail.
Sending an Opinion does not oblige the Service Provider to provide
it publications.
An Opinion published by the Service Provider may be deleted by the
Service Provider at any time.
It is prohibited to post Content and Opinions:
containing false data, contrary to law, Regulations or good
practices;
containing content intended to conduct prohibited activities by
law, inciting violence, hatred or insulting any group or person;
containing content that may violate personal rights or rights
copyright, image rights or other types of rights of persons
third parties;
containing advertising, promotional or political content,
religious or discriminatory;
containing content promoting activities competitive with Service
providers.
Any person using the Platform (hereinafter: "Reporter") is entitled to report Content or Opinions that may be infringing
Regulations.
in writing, preferably by registered mail to the following
address: insy.io
The notification should include the following information:
a sufficiently substantiated explanation of the reasons why The
Content or Opinion constitutes illegal content,
a clear indication of the exact electronic location of the
information, such as exact URL(s), and in where appropriate,
additional enabling information identification of the Content or
Opinion, depending on its type and Platform functionalities,
name and surname or name and e-mail address of the Applicant, z
except for reporting information deemed to be related to one of
the crimes referred to in Art. 3–7 Directive 2011/93/EU,
a statement confirming a good faith belief The reporting party
that the information and allegations contained therein are
correct and complete.
After receiving the notification, the Service Provider sends it to
the Applicant confirmation of its receipt to the e-mail address
provided by him.
If the application does not contain the elements indicated in
section 8 above or contains errors, the Service Provider may contact
Applicant requesting to supplement or correct the application within
14 days from the date of receipt of the above-mentioned requests. In
case The applicant will not supplement or correct the application
within the period specified in the preceding sentence, the Service
Provider may leave the report unprocessed.
The Service Provider verifies the reported Content or Opinion within
14 days from the date of receipt of a complete and correct
application. Within verification activities, if necessary, we will
ask the applicant to send the necessary additional information or
documents. We may block the report until it is recognized visibility
of Content or Opinions.
After verifying the Application, the Service Provider:
removes Content or Opinion that violates the Regulations;
restores Content or Opinion that does not violate the rules
arising from Regulations (if its visibility was blocked at stage
verification of the Application),
- giving reasons for the decision.
In the event of deletion of Content or Opinions, the Service
Provider will immediately notifies both the Reporter and the User
about this fact, who posted the removed Content or Opinion,
providing a justification your decision.
The justification for the Service Provider's decision includes:
indication whether the decision includes the removal of
Content/Opinions, blocking its visibility, depositioning it or
imposing others the measures referred to in the Regulations in
relation to this Opinion and, where applicable, the territorial
scope of the decision i its validity period;
facts and circumstances on the basis of which the decision was
made, v including, where appropriate, information or a decision
was made on based on the notification submitted by the
Applicant, or on the basis of based on voluntary verification
activities carried out with initiative of the Service Provider
and when it is absolutely necessary, the identity of the
Applicant;
where applicable, information on use automated means when making
decisions, incl information whether a decision has been made
regarding the Content/Opinion detected or identified using
automated tools;
if the decision concerns potentially prohibited
Content/Opinions, indication of the legal basis or contractual
basis on which the decision is based, and an explanation of the
reasons why on this basis, a given Opinion is considered content
prohibited;
clear and friendly information for the User and the Reporter
about their rights to appeal against the decision.
User whose Content or Opinion has been removed or The reporting
person to whom the Service Provider refuses to remove the reported
data Content/Opinions, may appeal against the Service Provider's
decision.
detailed justification why, in the opinion of the appellant, why
the Service Provider's decision is wrong and should remain
changed.
The Service Provider immediately confirms receipt of the appeal via
sending the notification to the address indicated by the appellant
e-mail.
Appeals are considered within 14 days from the date of their
receipt, by an authorized team of the Service Provider (these
activities will not be performed automatically, without human
intervention).
About the decision taken as a result of considering the appeal, the
Service Provider notifies the appellant via e-mail, a if at the same
time it considers the reported content to be prohibited - takes
actions against it provided for in the Regulations.
Submitting Content or Opinion constitutes submission by the User
declares that he is its sole author. Users are fully responsible for
the Content of the Opinion and the consequences of its publication
(including infringement of personal rights and intellectual property
rights of third parties).
Submitting Content/Opinion is tantamount to providing the Service
Provider a free, non-exclusive license for it by the User use
(hereinafter: "License").
The license is granted for an indefinite period (with the
possibility of two years' notice, effective at the end of the year
calendar) and without territorial restrictions and includes use of
Content/Opinions in the following fields of use:
recording and reproduction in any quantity, in any quantity by
technique and in any format;
disseminate in any way, using any means media, in particular
through publication in Platforms and in the Service Provider's
social media.
The license entitles the Service Provider to modify the Review, if
any it is necessary to disseminate it in a specific way, without
changing its essence and content.
The license authorizes the Service Provider to grant any selected
services third parties further licenses to use the Opinions. Further
the license referred to in the preceding sentence may be granted by
the Service Provider for a fee or free of charge.
Users undertake not to exercise copyrights his personal rights
towards the Content/Opinion (including the right to marking the
authorship of the Content/Opinions and the right to supervise using
the Content/Opinions) and authorizes the Service Provider to
exercising these rights on behalf of the User.
The provisions of section 28 and 29 apply only to Entrepreneurs.
Notwithstanding the provisions of section 1-26 above, the User
grants Service Providers a free, non-exclusive license to use User's
name and logo (hereinafter: "Logo").
The license referred to in section 27 above, is granted on time
indefinite (with the possibility of terminating it two years in
advance, with effect at the end of the calendar year) and without
restrictions territorial and includes the use of the Logo on the
following fields of exploitation:
recording and reproduction in any quantity, in any quantity by
technique and in any format;
disseminate in any way, using any means media, in particular
through publication in Platforms and in the Service Provider's
social media.
§ 13. Liability
The Service Provider undertakes to provide the Services with due
care diligence.
The parties exclude rights arising from the warranty - this
provision is effective only in relation to Entrepreneurs.
The Service Provider does not guarantee a specific level of
performance, effectiveness or usefulness of the Platform in relation
to specific Users' needs and applications.
To the maximum extent permitted by the provisions of the Civil Code
and the Act on Consumer Rights, the Service Provider is not liable
liability for the consequences of using the Platform, including: in
particular for the effects of:
use of any services by Users and functionalities available on
the Platform contrary to their intended use or in violation of
the law or rules social coexistence or good manners;
Users provide incorrect or untrue information data;
use of data authorizing access to the Account by persons third,
if these persons came into possession of this data on as a
result of their disclosure by the User or as a result of them
insufficient protection against access by the User such people;
loss of data and Content.
Liability of the Service Provider for lost profits User is disabled
- this provision is effective only in attitude towards
Entrepreneurs.
Liability of the Service Provider for damages suffered by the User
as a result of non-performance or improper performance of an
obligation by the Service Provider is limited to actual damages
losses incurred by the User and up to the amount not exceeding the
total amount of PLN 1,000. This is the resolution effective only in
relation to Entrepreneurs.
To the maximum extent permitted by the provisions of the Civil Code
and The Act on Consumer Rights does not apply to the Service
Provider responsible for:
any acts or omissions of the external operator payments within
Stripe, in relation to Users, in in particular for downtime,
failures or deficiencies access;
inoperability, failures, data loss within the Discord
application and Telegram;
the veracity of statements under the Communities tab and views
presented by the User within the Community, content and all
information who founded a given Community content;
errors, irregularities, false statements and content
inconsistent with the actual state of affairs in the Community;
compliance with generally applicable legal provisions and topics
discussions within the Community;
blocks, bans and any other types of actions taken by operators
of third party platforms and applications from which a given
Community uses.
The Service Provider is not responsible for any consequences
interactions occurring between Users within the Community
(regardless of where these interactions occur) who they established
contact thanks to the use of the Platform.
The Service Provider is not responsible or liable suitability of a
given Community for the specific needs of the User.
To the maximum extent permitted by the provisions of the Civil Code
and the Act on Consumer Rights, the Service Provider is not liable
liability for disruptions in the functioning of the Platform, incl
in particular resulting from:
force majeure;
necessary conservation works carried out on the Platform and
modernization;
reasons attributable to the User;
reasons beyond the Service Provider's control, in particular
actions third parties for which the Service Provider is not
responsible responsibility.
The Service Provider undertakes to carry out the work referred to in
paragraph 10 point 2 above, in a way that is as least burdensome as
possible for Users and, whenever possible, inform them in advance
about planned works.
The Service Provider undertakes to remove them on an ongoing basis
whenever possible disruptions in the functioning of the Platform.
§ 14. Out-of-Court Dispute Resolution - Consumers and Entrepreneurs
with Consumer Rights
The provisions of this paragraph apply only to Consumers and
Entrepreneurs with Consumer Rights.
Users have the option of using out-of-court remedies examining
complaints and pursuing claims.
Detailed information on the possibilities of using Users with
extrajudicial methods of dealing with complaints and pursuing claims
and rules for access to these procedures available are available at
the offices and on the websites:
district (municipal) consumer ombudsmen, organizations social
groups whose statutory tasks include protection consumers;
Provincial Inspectorates of the Trade Inspection;
Office of Competition and Consumer Protection.
The Service Provider informs that unless such an obligation results
from mandatory provisions of law, he does not benefit from
extrajudicial methods of complaint handling and investigation
claims.
§ 15. Intellectual property of the Service Provider
All components of the Platform, in particular:
name of the Platform;
Platform logo;
photos and descriptions;
principles of operation of the Platform, all its graphic
elements, interface, software, source code and databases
- are subject to legal protection under the provisions of the Act
of February 4, 1994 on copyright and related rights, Act no of
June 30, 2000 - Industrial Property Law, Acts of April 16, 1993 on
combating unfair competition and other provisions of generally
applicable law, including regulations European Union law.
Any use of the Service Provider's intellectual property without its
prior express authorization is prohibited.
§ 16. Processing of personal data
Information about the processing of personal data by the Service
Provider can be found in the Privacy Policy available at: insy.io/privacy-policy
§ 17. Change of Service - Consumers and Entrepreneurs with Rights
Consumer
The provisions of this paragraph apply only to Consumers and
Entrepreneurs with Consumer Rights.
The Service Provider may change the Service in the event of:
the need to adapt the Service to newly developed devices or
software used by Users to use Services;
the Service Provider decides to improve the Service by adding
new functionalities or modifications to it existing
functionalities;
legal obligation to make changes, including the obligation to
adapt Services to the current legal status.
Changing the Service may not involve any costs after Users' website.
The Service Provider informs Users about any changes to the Service
by placing a message on the Account informing about the changes.
Regardless, information about the change may be sent Users via
e-mail.
If a change to the Service significantly and negatively affects
access to the Service, the Service Provider is obliged to inform
Users about:
properties and date of making the change, and
the User's right to terminate the Service Provision Agreement
with immediate effect within 30 (thirty) days from making a
change.
The information referred to in section 5 above, the Service Provider
sends Users via e-mail, no later than 7 (seven) days before making
the change.
Termination by the User of the Agreement for the provision of the
Service on pursuant to section 5 point 2 above is made by submission
Service Provider's declaration of termination of the Supply
Agreement Services. The declaration referred to in the preceding
sentence may be sent via e-mail to the address indicated in § 1
section 5 point 1 of the Regulations.
Termination of the Agreement for the provision of Services pursuant
to section 5 point 2 above produces the same effects as provided for
in § 11 of the Regulations in the event of withdrawal from the
Agreement for the provision of the Service for any reason occurrence
of Nonconformities.
§ 18. Changes to the Terms of Service - Consumers and Entrepreneurs
with Consumer Rights
The provisions of this paragraph apply only to Consumers and
Entrepreneurs with Consumer Rights.
The Service Provider may make changes to the Regulations in the
event of:
changes in the scope of activity of the Service Provider;
the Service Provider starts providing new services, modification
of services currently provided or discontinuation of them
delivery;
making technical modifications to the Platform requiring
adapting the provisions of the Regulations to them;
legal obligation to make changes, including the obligation to
adapt Regulations to the current legal status.
Users will be informed about changes to the Regulations via
publishing its amended version on the website Platforms. Regardless,
the amended version of the Regulations will remain sent to Users by
e-mail.
To Service Delivery Agreements concluded before the amendment to the
Regulations, the provisions of the then applicable Regulations
apply.
A User who does not agree to change the Regulations may: terminate
the Service Provision Agreement with immediate effect within 10
(ten) days from the date of receipt of information about the change
Regulations. Failure to provide notice is deemed to constitute
consent to the change Regulations.
Termination of the Service Supply Agreement takes place by
submitting Service Provider by the User's declaration of termination
Agreements. The declaration referred to in the preceding sentence
may be sent via e-mail to the address indicated in § 1 section 5
point 1 of the Regulations.
Immediately after receiving the declaration referred to in section 5
above, the Service Provider deletes the Account.
§ 19. Changes to the Terms of Service – Entrepreneurs
The provisions of this paragraph apply only to Entrepreneurs.
The Service Provider may make changes to the Regulations, among
others: in case of:
changes in the scope of activity of the Service Provider;
the Service Provider starts providing new services, modification
of services currently provided or discontinuation of them
delivery;
making technical modifications to the Platform requiring
adapting the provisions of the Regulations to them;
legal obligation to make changes, including the obligation to
adapt Regulations to the current legal status.
The User will be informed about changes to the Regulations via
publishing its amended version in the IT System via message.
The provisions apply to contracts concluded before the amendment to
the Regulations the then applicable Regulations.
§ 20. Final provisions
The current version of the Regulations is valid from January 1,
2026.
The Regulations are subject to Polish law. Any disputes on the
ground of these regulations will be resolved amicably negotiations,
and if no agreement is reached - before competent common court. For
disputes arising from the Services, where the party is the
Entrepreneur - the competent court will be the court competent for
headquarters of the Service Provider.
In matters not regulated in the Regulations, they will apply
provisions of generally applicable Polish law.