Terms of Service

Introduction

1. Definitions

• Administrator, or We – Tech To The Rescue Foundation with its registered office at Warsaw (00-682), Hoża 86/410, entered into the Register of Associations, Other Social and Professional Organizations, Foundations, and Independent Public Health Care Facilities kept by the District Court for the Capital City of Warsaw, XIII Commercial Department of the National Court Register under KRS number 0000937683, NIP (Tax Identification Number) 5272981322, responsible for managing the Website,
• Nonprofit – an organization whose activities are not for profit, that needs technological support,
• User, or You – Nonprofit, Tech Company or the Volunteer, who has access to services offered within the Website
• ‍Tech Company – a tech company willing to help Nonprofits offering its services pro publico bono through the Website,
• Volunteer – adult natural person with full legal capacity to enter into legal transactions,
• Website – Internet service operated at www.techtotherescue.org managed by the Administrator,
• Initiative – our initiative is based on sharing information about possible ways of cooperation by and between Nonprofits looking for help and Tech Companies providing help,
• ‍Terms – these Terms of Services set out the terms and conditions for the use of Website and Electronic Services, and in addition: (i) the conditions for concluding and terminating an agreement for the provision of electronic services of the Website, (ii) terms and conditions of provision of electronic services, (iii) principles of Administrator’s liability.

2. Technical Requirements

• working and efficient telecommunications terminal equipment (computer, tablet, smartphone, etc.) with access to the Internet, enabling the display of the graphical user interface of the Website; and
• installed and updated web browser: Microsoft Internet Explorer 8.0 or a later version, Mozilla Firefox 20.0 or a later version, Apple Safari 4.0 or a later version, and Google Chrome 23.0 or a later version; and
• active email account (if You want to join to the Initiative or sign up to the Newsletter or downloadable materials); and
• support of JavaScript and cookie files enabled.

3. Electronic services

• Before using the Website and Electronic Services, it's required to read the Terms and the Privacy Policy. Use of the Website constitutes the User's agreement to the Terms and Privacy Policy. Acceptance is voluntary but is a condition for the use of Website and electronic services. The Terms are available free of charge via the Website.
• The use of Electronic Services is free of charge. Subject to other express provisions of the Terms, Electronic Services are provided 24 (twenty-four) hours a day, 7 (seven) days a week, at the request of the User.
• The Administrator provides electronic services (“Electronic Services”):

• browsing the Website,
• enable Nonprofit and Tech Companies to sign up to the Initiative by placing their data in the database of projects within the Initiative,
• establishing account on the Website for the Nonprofit or Tech Company (“Account”),
• sending by the Administrator at periods selected by the Administrator to the e-mail address of the User a newsletter containing information about Administrator and Initiative (“Newsletter”),
• downloadable online materials (“Ebook”),
• participate in the Hackathon (“Hackathon”).

• An Electronic Services Agreement for browsing this Website is concluded when You enter this Website.
• The provision of Electronic Services is of unlimited duration.
• At any time We may terminate the Electronic Services agreement with you for the provision of electronic services with an immediate effect.
• You may discontinue your use of the Website at any time, for any reason (Electronic Services for browsing this Website).
• Termination of Electronic Services shall not affect an agreement concluded by and between Nonprofit and Tech Company.
• Electronic Services Agreement is concluded in the English language.
• You can terminate the Electronic Services Agreement at any time and without giving any reason, with immediate effect, by sending an email to the our email address: personaldata@techtotherescue.org. In the case of the Newsletter, You may also terminate the Electronic Services Agreement by clicking on the “Unsubscribe” button in each email sent within the Newsletter.
• We may terminate the Electronic Services Agreement, at any time, upon 14 days’ notice, of which You will be informed via e-mail. We are entitled to terminate the Electronic Services Agreement with immediate effect for important reasons, which does not require prior notification of You, i.e. in case of:
  - violation by You of the provisions of generally applicable law or these Terms,
  - provision by You of erroneous or false data or provision of data of third parties,
  - when You use the Electronic Services to send illegal content or violates or attempts to violate the technical security of the Electronic Services;
  - in case of inactivity of You for a period of one year , including non-opening of messages (in case of Newsletter) or not logging on the Account,
  - the person who concluded the agreement was not authorized to acting on behalf of the Nonprofit or Tech Company.

4. Joining the inititive

The general rules

• The Initiative is aimed at Nonprofits and Tech Companies. Due to the nature of the Electronic Service, it is not addressed to consumers (a consumer is a natural person making a legal transaction with the entrepreneur not directly related to his/her business or professional activity). Therefore, these Terms in this scope shall not apply to the conclusion of contracts with consumers.
• Non-profit organizations and technology companies may apply to join the initiative, subject to registration of an Account (in accordance with Section 5 of the regulations) and use the appropriate form within the Account. The form for Tech Companies allows Tech Companies to be included on the list of Tech Companies offering free or low bono assistance to Nonprofits who need support. The form for Nonprofits allows Nonprofits to be included on the list of entities seeking help.
• Joining the Initiative by Nonprofits is a condition for participation in other programs organized by Us under separate regulations.
• Nonprofits and Tech Companies shall provide the required information in the proper form.
• Nonprofit and Tech Companies are obliged to accept these Terms and the Privacy Policy by marking the appropriate consent place under the Form. The acceptance of these Terms and Privacy Policy is mandatory and necessary to use Electronic Services. Lack of acceptance prevents the use of Electronic Services.
• The Administrator accepts applications from Nonprofits able to confirm their legal status by providing registration documents confirming entity registration in their country of origin.
• Registration of a Nonprofit as a Initiative participant takes place as a result of a qualification process, the aim of which is to determine the scope of the Nonprofit's activities, its credibility, impact potential and other elements that may affect effective cooperation within the Initiative. Registration of an Account or / and submitting a form to join the Initiative does not automatically mean acceptance into the Initiative.
• The qualification process has one stage and consists of an analysis of the submission (meeting the qualification criteria). Qualification criteria are described in section B below. The Administrator reserves the right to introduce changes to the qualification criteria to ensure the proper implementation of the Initiative objectives. To avoid any doubts the Nonprofit confirms that it is aware that the participant's choice is the sole and free decision of the Administrator.
• In the event that the Nonprofits also joins one of the programs organized by Us, the verification referred to in item 8 above does not exclude the Nonprofits' obligation to be subject to additional verification under this project as a qualification for the project.
• An Electronic Services agreement for joining to the Initiative is concluded when the Tech Company enters the required data in the proper form and sends them to the Administrator by pressing the ”Sign up” or a similar button. An Electronic Services agreement with a Nonprofit is concluded after positive verification of the Nonprofit per Section B below.
• Participation in the Initiative is equivalent to the Nonprofit and Tech Company granting a non-exclusive, perpetual and territorially unlimited license to use its name and logo, which the Nonprofit / Tech Company must provide to the Organizer upon request. The name and logo will be featured in case studies (articles, photos and videos) on social media and blog portals owned by the Administrator, as well as in publicly available media portals and press regarding participation in the Initiative and match between Nonprofit and Tech Company. The license and further sub-licenses are granted free of charge. The Nonprofit / Tech Company has been informed that failure to provide such consent will prevent participation in the Initiative.
• The Administrator may not allow for participation in the Initiative or remove Nonprofit or Tech Company from the members of the Initiatives, without first calling for an omission of the violation, if:
  - the application subject is not related to the Initiative,
  - there is a reasonable suspicion that the Nonprofit or Tech Company applied for a purpose contrary to the purpose of the Initiative (in particular, to recruit employees),
  - Nonprofit or Tech Companies do not comply with these Terms.
• As the participants in the Initiative and taking full advantage of the opportunities:
  ‍
  a) the Nonprofits are obliged to:
  - inform the Administrator about progress of cooperation between Nonprofit and Tech Companies;
  - report on the impact of the technology and the solution brought to the Nonprofit, according to the survey template provided by Us, no later than 2 months from the end of cooperation with the Tech Company;
  - stay active during the participation in the Initiative, meaning being responsive to incoming communication from Us and Tech Companies while Nonprofits are in active process of matching and implementing projects;
  - participate in creation of a case study (a description of the project including an indication of the Nonprofit’s problem, what Tech company it was matched with and what solution was built for the Nonprofit) preferably along with the positive impact the solution had for the Nonprofit.
  
  b) the Tech Companies are obliged to:
  - inform the Administrator about progress of cooperation between Nonprofit and Tech Companies;
  - stay active during the participation in the Initiative, meaning being responsive to incoming communication from Us and Nonprofits while Nonprofits are in active process of matching and implementing projects;
  - report on the impact of the cooperation with the Nonprofit on the work environment and employer branding, according to the survey template provided by Us, no later than 2 months from the end of cooperation with the Nonprofit;
  - participate in creation of a case study (a description of the project including an indication of the Nonprofit's problem, what Tech company it was matched with and what solution was built for the Nonprofit) preferably along with the positive impact the solution had for the Nonprofit.
• In a situation in which the Nonprofit or Tech Company fails to fulfill the obligations specified in points 13 above, the Administrator is entitled to remove them from the Initiative participants after prior notification and request to remedy the violations.
• Tech Companies and Nonprofit can voluntarily fill out satisfaction surveys regarding participation in the Initiative and opinion about Tech Company on the dedicated platform.
• In order to raise awareness of the Initiative, We encourage Nonprofits and Tech Companies to include information about cooperation with Us as part of technological solutions developed for Nonprofits by Tech Companies, for example by adding footnote to the solution saying & Possible thanks to a pro-bono collaboration empowered by Tech To The Rescue''. We appreciate any support from You.
• Nonprofits and Tech Companies are obliged to apply the following rules:
  -respect the rights and personal dignity of other people who are participating in the Initiative;
  -pply the Community of Practice Rules.

Nonprofits qualification criteria

• Nonprofits will be accepted to join the Initiative depending on the number of points they obtain in the qualification process.
• The qualification criteria for which the Nonprofit shall receive points are as follows:
  - Project pitch
  - Proven Tech Experience and Attitude to Innovation
  - Expertise in Problem Area & Proven Interventions
  - Team Structure & Execution Capacity
  - Financial Stability & Resource Allocation
  - Wave-Maker Potential
  - Reach & Growth Potential
• The Nonprofits will be divided in 5 main categories:
  - Pioneers
  - Scalers
  - Explorers
  - Starters
  - Rejected
  

• TTTR will deny participation in the Initiative to Nonprofit, or revoke positive verification at any time, in the event that:
  - is not aware of how tech could be used to scale its impact;
  - has no financial or human resources to invest in technology;
  - discriminates its services based on race, gender, nationality, or religion;
  - cannot allocate a decision-maker to oversee the process with TTTR.has no funds assured at least for the ongoing year;
  - has no digital presence at all;
  - is decreasing in a sustained way in both the number of beneficiaries and the number of services;relies only on individual donations;
  - does not have a strategy for the future activities;
  - participated previously in the Initiative with other projects but acted in violation of these Terms or the terms of these projects.
• The specialist's assessment is always subjective, although the Administrator will exercise due diligence in selecting such a specialist to ensure that the Nonprofit assessment will be substantive and objective.
• The Administrator is entitled to refuse to allow the Nonprofit to join the Initiative, if:
  - the Nonprofit stated an untruth;
  - it is impossible to prove whether the information provided by the Nonprofit is true;
  - its occurrence will indicate a lack of will to participate in the implementation of the Initiative's goals,
  - other circumstances arise, including in particular the lack of soft skills, which indicate that cooperation with the Nonprofit during the Initiative will be difficult or impossible.
• The final decision to qualify a Nonprofit for the Initiative will be the result of the qualification process subject. The Administrator reserves the right to make a subjective assessment in this respect.

Project Submission by Nonprofits

• After completing the qualification process the information about Nonprofit and their project will be publicly available on the Website.
• The information provided by the Nonprofit as part of the Initiative application will be publicly available on the Website. Nonprofits are required to not include in the application form: i) confidential or other information constituting a business secret, ii) personal data, including personal data of third parties, iii) information that violates good morals, principles of social coexistence, laws or rights of third parties. The person acting on behalf of the organization is solely responsible for the extent of the information disclosed.
• The information referred to in section 2 above may be published by the Administrator or Tech Company in other places, including other Internet portals, for the purpose of seeking additional channels of support for the Nonprofit or implementation of support, to which the Nonprofit agrees.
• Nonprofit may notify the Administrator that certain information specified in form constitutes confidential information in order to keep it off the Website. The Administrator does not guarantee but to the extent possible will not disclose the indicated information on the Website to the public.

Match of the Nonprofit and Tech Company

• The Administrator will make reasonable efforts to match the Nonprofits and Tech Companies. This does not mean that the Administrator is obliged to find a match for each of the Nonprofits - it might not be possible for objective reasons as it depends on the applications submitted and the activity, interests and specializations of Tech Companies.
• Before matching, the Nonprofit and Tech Company will be required to sign a cooperation document provided by us. Signing the document is a guarantee of respect for the rules of cooperation and a condition for the transfer of data to the matched entities.
• After determining the potential match, the Administrator will arrange a meeting between the Nonprofit and Tech Companies to confirm the details and will of cooperation.
• If any of the entities is not satisfied with the match, should communicate this to the Administrator as soon as possible who will, if possible, propose a new match. A delay in this respect may make it difficult for the Administrator to find a suitable partner.
• If the entities are satisfied with the match, the Administrator will provide them with an agreement template which is recommended to be signed by the Nonprofit and the Tech Company. Using the template is voluntary, the parties can conclude an agreement on their own designs and terms.
• The Administrator is not responsible for further cooperation between the Nonprofit and Tech Companies. However, if it turns out that the cooperation is not successful, the Administrator may try, if possible, to propose a solution to the situation - including proposing another partner.
• The Administrator is entitled to check the cooperation between the Nonprofit and Tech Company, obtain information about its quality and scale, as well as about the impact on the Nonprofit's activities.

5. Account on the website

• In order to join the Initiative it’s necessary to register an Account on the Website.
• The Account can be registered by a person authorized to act on behalf of the Nonprofit or the Tech company (“Authorized Person”).
• In order to register the Account, the Authorized Person is required to complete the dedicated form by providing certain data and make statements on acceptance of these Terms and also constitutes reading and understanding of the Privacy Policy.
• After registering the Account, the Authorized Person receives an email confirming the registration.
• Logging into the Account consists of providing the login and password established by the Authorized Person. The Authorized Person is obliged to keep the password to the Account confidential.
• The Account Electronic Service is provided for an indefinite period of time and is concluded when the Authorized Person sends the registration form to the Service Provider for registration of the Account.

6. Newsletter

• The Newsletter service is possible after the User provides his/her e-mail address in the appropriate field on the Website and accepts these Terms.
• In order to receive the Newsletter, the User is not obliged to provide any consideration other than providing personal data in the form of e-mail address.
• The User may subscribe to the Newsletter 24 (twenty-four) hours a day, 7 (seven) days a week.
• After the User sends to the Administrator his/her data, the User receives an email confirming the signing. The Newsletter Service Agreement is concluded when the User confirms his/her signing up.
• Subscribing to the Newsletter is understood as consent to receive commercial information regarding the Administrator, in accordance with Article 10 of July 18, 2002 on the provision of electronic services.
• The Newsletter Service Agreement qualified as the Agreement for the provision of digital content in accordance with the Polish Consumer Rights Act of May 30, 2014.
• The Newsletter is provided continuously, for an indefinite period.
• The Newsletter is sent in electronic form to the address indicated in the registration form used for subscribing to the above described Newsletter, upon the User request.
• The Administrator shall endeavor to deliver the Newsletter at least once a month, but the Newsletter is not delivered to Users on a regular basis. The timing of delivery of the Newsletter to Users is determined by the Administrator.
• The Newsletter may contain links redirecting to other, external websites provided by other entities. The User is obliged to comply with these Terms . The Administrator is not responsible for these websites.
• Sign up to the Newsletter constitutes reading and understanding of the Privacy Policy.

7. Ebook

• The Administrator provides E-books – downloadable online materials.
• In order to download an E-book, the User is not obliged to provide any services other than providing personal information indicated in the download form.
• In order to download an E-book, the User fills out a dedicated form, providing his/her personal information and sends it to the Administrator using the “Sign up and get the book” button or similar.
• The Agreement for downloading an E-book is not continuous. Upon delivery of data to the Administrator and download of E-book by the Users, the Agreement is completed.
• Downloading the E-book is equivalent to joining the Newsletter provided in accordance with § 7 of Terms.
• The agreement to download the Ebook is qualified as the Agreement for the provision of digital content in accordance with the Polish Consumer Rights Act of May 30, 2014.

8. Hackathon, mentoring sessions, demo days and other activities

• The Administrator shall provide an electronic service to enable participation in the Hackathon as follows:
  - to send e-mail notifications containing organizational information about the Hackathon organized by Administrator, upon the User’s request (“Notifications”);
  - sent an application form for the technology company that is interested in having its employees or associates (regardless of legal basis of employment) participate in a Hackathon competition (“Application form”);
  - a registration form for the participants who is entitled to participate in the Hackathon (“Registration form”);
  - a submission form for the not-for-profit organization that has submitted a Challenge to the Hackathon (“Impact Project Description Form”);
  - a submission for the individuals interested in being mentors during the Hackathon (“Submission Form”).

9. Notifications

• An agreement for Notifications is concluded when the User enters the required data in the proper form and sends it to the Administrator by pressing the “Keep me inform” or similar button.
• The joining to the Notification is a manner to conclude a contract with an Administrator and is only possible if you accept these Terms.
• The provision of Notification is of unlimited duration.
• You may terminate the agreement for Notifications any time for any reason, by using the button “Unsubscribe me” available in every email or sending an e-mail to us to the following e-mail address: personaldata@techtotherescue.org.
• We may terminate the agreement for Notification with User at any time with immediate effect in the event of:
  - ending the Hackathon or ceasing to organize the competition,
  - User's inactivity for 6 months,
  - violation of the Terms.

10. Forms

• This section is about the Application Form, the Registration Form, the Impact Project Description Form and Submission Form, hereinafter called as “Form”.
• An agreement to use Form is concluded when the User enters the appropriate required data indicated on the Form and sends it to the Administrator by using the dedicated button, e.g. “Register”, "Apply", "Submit" or similar.
• The sending of the Forms is a manner to conclude a contract with an Administrator and is only possible if you accept these Terms.
• Sending the Form also means that the person who sends the Form has read the Privacy Policy.
• If the Form is sent on behalf of a legal entity, the person sending the Form confirms that she/he is authorized to act on behalf of this entity.
• An agreement to using Form is not continuous service. Upon delivery of data to the Administrator, the agreement is completed.

11. Terms of service

• Unless these Terms provide otherwise, the Administrator authorized Users to use the Website only within its purpose and functionalities, to the extent provided for each category of User, subject to, inter alia, (i) compliance with applicable laws, (ii) refraining from interfering with the Website, whether through the introduction of viruses and other malicious software, whether through unauthorized decompiling, transfer or use of source code or other trade secrets of the Administrator, and (iii) refraining from supplying to the Website illegal content and from use of elements of the Website, including business identification, goods, services, and other protected objects of intellectual property, in an unlawful manner.
• Content, data or other information provided by Users to the Website, are their property, and in any case the User is solely responsible for it, especially for compliance of such information and of its use within the Website with law and these Terms. By placing the information on the Website, you grant the Administrator any such rights and permits as may be necessary to ensure full functionality of the Website.
• The Administrator reserves the right to block, delete or otherwise cut off access to content, data and information stored on the Website at the request of the User upon receipt of official notification or other reliable message on the unlawful nature of such information or related activities, or in other such cases as provided for in these Terms or the applicable law.
• The Administrator is committed to making sure the Website meets your needs, but does not guarantee that it is free from defects or faults. Unless precluded by mandatory law, the Administrator disclaims all warranty and any other liability that may have arisen or may arise from imperfections of the Website. This provision does not apply towards Users being consumers (this provision shall have binding force on the territory of the European Union).
• Users accept that the Website may contain links to external sites, websites and web applications, not owned or otherwise dependent or controlled by the Administrator. Users acknowledge that the Website may be accessed via tools or services of third parties. In any case, linking or use of the third-party resources and facilities is at the User’s expense and risk. The Administrator encourages you to read the terms and conditions of services of such third parties to determine their rights and obligations.

12. The administrator's liability

• To the extent permitted by law, the Administrator will not be legally responsible for:
  - any acts or omissions of the Users,
  - acts and omissions of telecommunications carriers and service providers used by the User to access to the Electronic Services,
  - interruptions or difficulties in access to the Electronic Services caused by necessary technical interruptions, failures of telecommunication connections, or caused by force majeure,
  - the User’s actions which are inconsistent with these Terms, including damage caused to third parties as a result of the use by the User of Electronic Services in a manner contrary to these Terms and the law,
  - provision of third parties’ data by the User during the use of Electronic Service,
  - consequences of the User providing false, incomplete or incorrect data in the form, or for non-delivery of the Electronic Services for other reasons attributable to the User, e.g. overflowing mailbox.
  - inability or difficulty in using the Electronic Service due to non-fulfillment the technical requirements specified in these Terms,
  - sharing the Account and Account password with unauthorized persons by Nonprofit or Tech company or persons for whom they are responsible or with whom they cooperate.
• To the fullest extent permitted by law, the Administrator disclaims its own, as well as that of its employees, associates and subcontractors, liability in connection with the Website, whether contractual, tortious or otherwise, both in terms of actual damages (losses) as well as lost or expected benefits. This provision does not apply to Users being consumers (this provision has the binding force of law on the territory of the European Union).

13. The nonprofit and tech companies' obligations

• provide the Administrator only with accurate, current, and all necessary data of the User;
• promptly update the data provided to the Administrator in connection with the conclusion of the agreement;
• use the Electronic Services offered by the Administrator in a manner consistent with applicable law and without infringing on third parties’ rights, by the provisions of the Terms, as well as with customary practice and rules of social coexistence, in particular by not providing unlawful content;
• use Electronic Services and the Website in a manner that does not interfere with their functioning,
• respect Administrator’s rights, including copyrights and intellectual property rights, to the website and materials published on the website,
• refrain from transferring third-party data, including personal data.

14. Our intelectual property rights

• You acknowledge and agree that all rights to the Website and the digital content provided as a part of the Electronic Services, belong to the Administrator. It is forbidden to make use of these rights, including intellectual property rights, otherwise than (i) within the Website and (ii) in accordance with these Terms and applicable laws.
• The Website, its individual elements (including graphical user interfaces), texts (including these Terms), navigation solutions, selection and arrangement of contents presented on the Website, graphic art, compilations and derivative works are subject to legal protection as afforded, in particular, to databases, computer programs, graphics, or other works of authorship.
• The collection, usage and processing of the content of the Website, including by using web crawlers or other automated data downloading systems from the Website without our consent constitutes a breach of these Terms.
• Nonprofits, Tech Companies and the Volunteers grant to the Administrator the express right to use the business name of the Nonprofits, Tech Companies and Volunteers, their trade or service marks, in connection with the promotion of the Website.
• The Administrator grants to Nonprofits, Tech Companies and the Volunteers the express right to use the business name of the Administrator and its trade or service marks in connection with the promotion of the Website.
• The Administrator grants the User a non-exclusive, territorially unlimited and non-transferable license, without the right to grant sublicenses to use the digital content, for an indefinite period of time. The User is authorized to use the digital content provided by the Administrator exclusively for his/her own use for educational purposes only, for the entire duration of the license, in the following fields of exploitation:
  - storage of digital content by digital technique on the User’s device,
  - printing of digital content available in written form.
• It is prohibited:
  - fixation, recording or other forms of copying of digital content,
  - presentation and sharing of digital content with third parties,
  - selling, renting or lending digital content to third parties.

15. Contact and complaints

• You may contact the Administrator within the Website in the following manner:
  - in writing, sent to the following address: Tech To The Rescue Foundation, Hoża 86/41, 00-682 Warsaw, Poland,
  - via email: personaldata@techtotherescue.org.
• Your complaints regarding our services provided within the Website may be filed electronically via email: personaldata@techtotherescue.org, or by written notice to the following address: Tech To The Rescue Foundation, ul. Hoża 86/41, 00-682 Warsaw, Poland.
• The complaint should contain at least the identification of the person making the complaint, including name and surname, Company or Nonprofits name (if applicable) email address, and the description of objections, and request.
• If data or information included in the complaint needs to be supplemented, before assessing the complaint on its merits, we will ask you to supplement it accordingly.
• The Administrator will consider the complaint within 14 days of its receipt in the correct form.
• The answer to the complaint will be sent to the e-mail address as specified in the relevant notification or to the address of the sender indicated in the complaint letter.
• The Administrator shall not consider a complaint regarding a case currently or previously considered.
• Filing a complaint does not exclude the possibility of exercising legal rights.
• The Administrator is responsible for the compliance of the digital content provided as part of the Newsletter or Ebook, in accordance with Chapter 5b of the Polish Law on Consumer Rights (Article 43a-43g). If the digital content is inconsistent with these Terms, You may demand that the digital content be brought into compliance with these Terms as part of a complaint. The Administrator is liable for any non-compliance with the agreement that existed at the time of delivery of the digital content and became apparent within two years from that moment. A lack of conformity which becomes apparent within one year of the supply of digital content is presumed to have existed at the time of its supply.
• If the complaint is accepted and the complaint is about the Newsletter or Ebook, the Administrator brings the digital content into compliance with the agreement within a reasonable time from the moment it was informed about the lack of compliance and without excessive inconvenience to You. The Administrator may refuse to bring the digital content into compliance with the agreement if it is impossible or would require excessive costs for the Administrator.
• If the digital content is inconsistent with the agreement, You may submit a declaration of withdrawal from the agreement, in accordance with section 3 point 10 when:
  - bringing the digital content into compliance with the agreement is impossible or requires excessive costs,
  - the Administrator failed to make the digital content compliant with the agreement,
  - the non-compliance of the digital content with the agreement continues, even though the Administrator has tried to bring it into compliance with the agreement,
  - the lack of compliance of the digital content with the agreement is so significant that it justifies withdrawal from the agreement without prior application of the security measure specified in section 13 point 9 of these Terms,
  - it follows from the Administrator’s statement or circumstances that it will not bring the digital content into compliance with the agreement within a reasonable time or without excessive inconvenience to You.

16. Personal data processing

• Privacy and personal data protection principles of the Website Users are defined by the Privacy Policy. By agreeing to these Terms, You express Your consent to the manner in which the Administrator may treat the personal data provided through or on the Website.
• The personal data shall be processed by the Administrator as the Data Controller for the purpose of registration and for providing services available in the Service, for marketing and claim resolution purposes, as well as for statistical and analytical purposes of the Administrator. Subject to giving relevant consent, the personal data shall also be processed for the purpose of sending marketing content via selected channels. Further information concerning personal data processing by Us is available in the Privacy Policy.
• Contact details of Nonprofits will be transmitted to Tech Companies only for purposes relating to the Initiative – performance of the pro publico bono help, or to third parties – in such instances as described in the Privacy Policy.

17. Final provisions

• Electronic Services Agreement shall be governed by Polish law. In matters not regulated by these Terms, provisions of Polish law shall apply, in particular the Act on Consumer Rights and requirements of the Civil Code.
• Any disputes related to services provided by the Administrator pursuant to these Terms will be settled by a Polish court having jurisdiction over the Administrator’s registered office. This provision does not apply to Users who are consumers (it has the binding force of law on the territory of the European Union).
• If any provision of these Terms is held to be invalid or unenforceable pursuant to a final judgment, the remaining portion of these Terms will remain valid and enforceable.
• The Administrator reserves the right to amend provisions of these Terms and to launch a new version of the Website at any time for important reasons in particular in the case of changes in the conditions of electronic services, suspension of electronic services or their liquidation in whole or in part, as well as in the case of changes in the provisions of law in the scope affecting the implementation of the provisions of the Website Terms Use. We will immediately notify you of amendments to these Terms or of a new version of the Website. You may opt out of the Website in its new version or under new Terms immediately upon receipt of the relevant notification – through continued use of the Website you agree to the changes.
• These Terms come into force as of the date of their announcement on the Website.
• In the case of continuous Electronic Services, e.g. Newsletter, the amendment of these Terms shall come into force after 14 days from the moment of informing the User about the changes and making the amended Terms available. If the User does not accept the changes to these Terms, he/she should immediately, no later than 14 days from the date of announcement of the changes, terminate the Electronic Services Agreement in accordance with Terms.
• If the change of digital content significantly or negatively affects the User’s access to digital content, the Administrator will inform the User in advance on a durable medium about the type and date of the change. In this case, the User will be able to terminate the Electronic Services Agreements without notice within 30 days from the date of the change or notification of the change, if the notification was later than the change.
• These Terms shall enter into force on May 16th, 2025.