Terms of Use for the ŻEGLUJ! Mobile Application

Definitions
1. Mobile Application - software of the name Żegluj installed on the User's mobile device (smartphone/tablet) supporting the User in navigating through water bodies. The application is available for download in the App Store and Google Play.
2. Terms of Use - these Terms of Use regulating the rules of providing electronic services using the Żegluj Mobile Application.
3. Mobile Device - a mobile computing device such as a phone or tablet running on iOS or Android operating system.
4. User's Digital Environment - the mobile device with the Żegluj Application installed.
5. Service Provider - Infeo Marcin Marek Gryszko with its registered office in Olsztyn at Królewna Śnieżka 18 street, 10-696 Olsztyn, with tax identification number: 739-315-00-70, operating on the basis of entry into the register of economic activities under registration number 44609, kept by the Mayor of the City of Olsztyn.
6. User - any person who has downloaded and uses the Żegluj Mobile Application in accordance with the provisions of the Terms of Use.
7. Administrator - administrator of the User's personal data.
8. Website - the service operated by the Service Provider at the address zegluj.mobi.
9. User Account - a closed part of the Application available to its Users.
10. POI Point - a profile of a service point (Point Of Interest) located in the mobile application database.
11. Bathymetric Map - a data layer showing the depth layout of a given water body, hereinafter referred to as an additional service or Digital Content in the Terms of Use.
12. Digital Service - a service allowing the Client to: produce, process, store, or access data in a digital form, or share data in a digital form that has been transmitted or generated by the consumer or other users of this service, or other forms of interaction using data in a digital form.
13. Digital Content - data produced and provided in a digital form.
14. Consumer Rights Act - the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.
15. Civil Code - the Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.
16. GDPR - General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
17. Personal Data Protection Act - the Act of May 10, 2018, on the protection of personal data (Journal of Laws of 2018, item 1000, as amended).
18. Act on Rendering Electronic Services - the Act of July 18, 2002, on rendering electronic services (Journal of Laws No. 144, item 1204, as amended), hereinafter referred to as the Act on Electronic Services.
19. Telecommunications Law - the Act of July 16, 2004, Telecommunications Law (Journal of Laws of 2004 No. 171 item 1800, as amended), hereinafter referred to as the Telecommunications Law.
20. Copyright and Related Rights Act - the Act of February 4, 1994, on copyright and related rights (consolidated text: Journal of Laws of 2022, item 2509), hereinafter referred to as the Copyright Act.
General Provisions
1. The Terms of Use define the rules for using the Żegluj Mobile Application prepared for mobile devices operating on iOS and Android systems.
2. The Terms of Use define the rights and obligations of Application Users.
3. The Terms of Use have been prepared as the Terms of Service, as referred to in the Article 8 of the Act on Rendering Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1244, as amended).
4. The Service Provider shall not be liable for any use of the Application by the User in a manner contrary to the provisions of these Terms of Use.
5. The Service Provider may collect information about the activities of Users who have downloaded the Żegluj Application, creating a database including, among others: information about the device's location (GNSS module) and activities of users. The collected data is subject to protection as provided for in the privacy policy (section 10 of the Terms of Use).
6. Upon the first launch, it is necessary to create an account in the application. The User can also use their Facebook profile to create an account. Additionally, account registration requires activation within seven days from the creation date.
Type and Scope of Services
1. UThrough the Żegluj Application, the Service Provider supplies the following services electronically:
  1. providing maps with map backgrounds containing thematic layers adapted for sailors,
  2. user location using built-in mobile device sensors (e.g., GNSS receivers),
  3. supporting the User in the process of watercraft navigation (navigation to a selected point),
  4. providing weather information for sailors,
  5. informing about the location of hazardous places on selected water reservoirs,
  6. visualisation of danger when navigating to hazardous places,
  7. social services allowing communication with other Application Users in real-time,
  8. recording travelled routes,
  9. visualisation of recorded routes with the possibility of analysis (viewing statistical data),
  10. providing information about current events related to water or organised for water sports enthusiasts,
  11. safety options, including quick connection to the Water Volunteer Search and Rescue Service (WOPR),
  12. options for users to add their own information and indicate water-related hazardous locations,
  13. option for users to add their own profile picture linked to the profile,
  14. possibility of purchasing bathymetric maps.
Technical Requirements
1. The Żegluj Mobile Application can be utilised by the User following download and installation on a mobile device operating on iOS version 9.0 or higher, or Android version 5.1 or higher operating systems.
2. Accessing the complete functionality of the Żegluj Mobile Application necessitates cellular data transmission. The Service Provider clarifies that it does not offer telecommunications services or data transmission. The User is responsible for procuring access to data transmission services and covering associated expenses independently.
3. In order to utilise the navigation features, the User’s mobile device must be equipped with a built-in GNSS receiver.
Application Usage Terms
1. The condition for using the Żegluj Mobile Application or any associated services and data is to familiarise oneself with the contents of the Terms of Use. By confirming their understanding of the Terms of Use, the User declares their acceptance and acknowledgment of them.
2. Downloading the Żegluj Mobile Application is free of charge. The Service Provider does not charge any fees for using the application.
3. The Service Provider reserves the right to sell additional services, so-called digital content - e.g., bathymetric maps.
4. The User agrees to use the Żegluj Mobile Application in compliance with the Terms of Use, specifically:
  1. not to undertake deliberate actions that may affect the operation of the Application,
  2. to respect the personal rights of third parties, their right to privacy, and the applicable norms of social coexistence and good manners.
5. The Service Provider reserves that all materials and information, as well as technical solutions, layout, content structure, logos, graphic elements, trademarks provided in the Mobile Application are subject to copyright and are protected in accordance with the Copyright and Related Rights Act. Downloading, processing, reprinting, and further distribution in any form requires the written consent of the Service Provider
6. The Żegluj Application uses:
  1. proprietary search and warning algorithms for hazardous locations,
  2. data on hazardous areas, reeds, navigational routes, channels, and other objects developed by the Service Provider and subject to protection,
  3. a database of points of interest (POI) designed by the Service Provider to meet the needs of its Users,
  4. a database of events organised on or related to water, developed and updated by the Service Provider,
  5. data on the boundaries of water reservoirs developed based on our own measurements and layers from the openstreetmap.org service,
  6. weather data based on weather information from the OpenWeatherMap service (openweathermap.org).
7. It is prohibited to use computer applications, scripts, or automation programs to use services, maps, or thematic layers provided by the Żegluj Mobile Application.
8. The User agrees to utilise the Mobile Application for its intended purpose and pledges not to engage in activities aimed at bypassing or compromising the security of the Żegluj Mobile Application, including the use of reverse engineering techniques to decompile the Application code.
9. The Service Provider reserves the right to remove data entered by the user (see point 3.1.12) if they are not in line with the factual state, violate the application's regulations, violate Polish law, or may pose a threat to other application users.
Policy for Verifying Reviews in the Żegluj Application
1. In the Żegluj Application, users can find reviews of Points of Interest (POIs), which are locations offering tourist services.
2. Reviews in the form of star ratings awarded to POI in the Żegluj Application can only be posted by registered users who have verified their identity and fully activated their account.
3. Users have the option to rate POIs by assigning a star rating ranging from 1 to 5, based on their personal judgement.
4. The Service Provider does not filter positive or negative ratings. The star rating displayed for user reviews in the application represents the average of all ratings received by a specific POI. Only this average rating is shown in the Żegluj Application, without specifying which user provided a particular review.
5. Data on the number of stars awarded, along with user data – their identification number (user ID), IP address – and geolocation data are stored on the Żegluj Application server, enabling their potential verification in case of a justified complaint by the owner of the POI.
6. The Service Provider periodically verifies ratings to prevent instances of unfair competition. Such actions may include an influx of negative reviews within a brief timeframe, particularly from devices sharing similar or identical IP addresses.
7. The Service Provider presents general rules for rating, i.e., leaving reviews in the form of star ratings:
  1. The application user declares that they have used the services they are rating,
  2. The user commits to sharing an objective opinion,
  3. Encouraging individuals who have not utilised the services of the POI to leave reviews is strictly prohibited.
8. In case of violation of the rules, the Service Provider reserves the right to remove ratings deemed as acts of unfair competition, i.e., in situations where it is an action contrary to law or good practices, if it threatens or infringes upon the interests of another entrepreneur or customer. Acts of unfair competition include, among others, soliciting false reviews, acquiring them in an illegal manner (e.g., through purchasing reviews), deliberately lowering competitors' ratings.
Placement in Search Listings
1. Within the application, POIs are placed in search results. The Żegluj Application user may see various POIs depending on how the algorithm selects parameters determining the results of this search and depending on paid promotion by a specific POI. The Żegluj Application provides below the most important and general parameters determining the placement of POIs.
2. In the Żegluj Application, we use the following algorithms responsible for search results:
  1. Firstly, POIs using paid promotion of their services are displayed,
  2. Promoted (paid advertisements) POIs are highlighted as follows:
  3. A red star is placed before the name of the POI, the search result is marked with an orange line displayed on the left side of the device screen,
  4. The POI is highlighted with a pulsating icon on the map.
  5. Next, the default results sorted by the distance of the POI from the application user and their location (if shared or otherwise identified) are displayed.
3. Users also have the ability to filter search results. Within the filtering options, users can select from the following methods of data presentation:
  1. By category,
  2. Only favourite points,
  3. Within a specified distance from the user.
4. The sorting of results may also appear as follows:
  1. By increasing distance,
  2. By decreasing distance,
  3. Alphabetically increasing,
  4. Alphabetically decreasing.
Additional Services and Payments
1. Users have the opportunity to review the price list prior to acquiring and activating additional services, such as bathymetric maps.
2. The fee for purchasing a bathymetric map for a lake is processed through the payment methods available in Google Play and the App Store.
3. Payment regulations are detailed in separate terms provided by Google Play, the App Store, and payment service operators. Payments for bathymetric maps can be conducted in currencies specified in the price list, determined by the payment service support entity within the App Store or Google Play.
4. Upon payment, users gain indefinite access to the purchased map.
5. Users are prohibited from reselling or sharing purchased bathymetric maps with third parties.
6. The Service Provider reserves the right to block a user's profile, leading to the loss of access to purchased bathymetric maps, if the user employs the application in violation of the law or regulations.
7. After purchasing bathymetric maps (after providing the purchased map to the user), the user loses the right to withdraw from the contract, which constitutes a distance contract within the meaning of the Act of May 30, 2014. (Journal of Laws of 2014, item 827) on consumer rights in the event that the Service Provider begins to provide the service with the explicit consent of the User before the expiration of 14 days from the conclusion of the Agreement.
8. The Seller does not use mechanisms for individually adjusting prices based on automated decision-making.
9. The Seller reserves the right to change the prices of Goods, Digital Content, or Digital Services presented in the Store, introduce new Goods, Digital Content, or Digital Services, withdraw Goods, Digital Content, or Digital Services, conduct promotions and offer discounts, as well as temporarily offer Goods, Digital Content, or Digital Services free of charge. The above right does not affect Orders placed before the effective date of any changes. Details and duration are always included in the description of a given Good, Digital Content, or Digital Services.
10. In every instance of announcing a price reduction for a Product, Digital Content, or Digital Service, the Seller also prominently displays information about the lowest price of that specific Product, Digital Content, or Digital Service, which was applicable in the preceding 30 days before the reduction was implemented.
11. If a specific Product, Digital Content, or Digital Service is available for sale in the online Store for a duration shorter than 30 days, the Seller additionally emphasises information about the lowest price of that particular Product, Digital Content, or Digital Service, which was applicable from the date of its initial offering for sale until the introduction of the reduction.
12. The Seller does not use external tools of suppliers to meet the requirements regarding prices, promotions, and discounts, as well as their presentation in the Application.
Rights and Obligationsi
1. The Service Provider undertakes to provide Services to the User.
2. The Service Provider reserves the right to conduct maintenance work that may cause temporary interruptions in access to data, maps, and services embedded in the Żegluj mobile application. The work will be carried out as far as possible within deadlines limiting their impact on the use of the application. The Service Provider will make every effort to notify Users of planned maintenance or repair work.
3. The user bears full responsibility for the messages they send, the content and comments they enter, and the damages resulting from generating content that is not in accordance with the applicable law and Regulations.
4. It is prohibited for users to provide:
  1. Content violating the law,
  2. Promotional content;
  3. Using the application in a manner inconsistent with the principles of social coexistence and good manners.
5. The user must maintain the confidentiality of their application login credentials. Any activities performed with the correct login and password will be considered as the user's own actions.
6. The user is obligated to inform the Service Provider of any infringement of their rights related to the use of the application.
7. After purchasing a bathymetric map, the user has unlimited access to it and also gains the possibility of map updates if such updates are provided by the service provider.
Responsibility
1. The service provider bears no responsibility for problems resulting from incorrect downloading or installation of the mobile application from sources other than those specified in the Regulations.
2. The service provider is not liable for lost benefits incurred by the User or third parties using the Żegluj mobile application.
3. The service provider is not liable for damages or lost profits resulting from the Users' infringement of the rights of third parties.
4. The data presented in the Application, including the boat's position and the location of dangerous places, are approximate and do not exempt the User from the obligation to know the sailing regulations, possess the appropriate qualifications for operating watercraft, and exercise special care when operating them.
5. The service provider is not liable for damages caused by the User in the event of using the Application as the sole source of information necessary for navigation on water bodies.
Responsibility for non-conformity of digital content with the contract
1. The service provider is responsible towards the User for the non-conformity of digital content with the contract in accordance with the provisions of the Consumer Rights Act and according to this Regulation.
2. The service provider supplies the User with digital content delivered on a non-physical medium immediately after the conclusion of the contract, unless the parties decide otherwise.
3. Digital content delivered on a non-physical medium is considered delivered at the moment when the digital content or the means allowing access to the digital content or downloading the digital content have been made available to the User or to a physical or virtual device chosen by the User for this purpose, or when the User or such a device has accessed it.
4. Should the service provider fail to deliver digital content via a non-physical medium, the User may request its delivery. If the service provider does not promptly deliver the digital content or within an additional, explicitly agreed-upon timeframe, the User reserves the right to withdraw from the sales contract.
5. The User has the right to withdraw from the sales contract without requesting the delivery of digital content delivered via a non-physical medium if:
  1. it is apparent from the statement of the service provider or the circumstances that the digital content will not be delivered, or
  2. the User and the service provider have explicitly agreed, or it becomes evident from the circumstances of concluding the sales contract, that the specific delivery deadline for the digital content was crucial for the User, and the service provider failed to meet it.
6. The burden of proof for the delivery of digital content delivered on a non-physical medium lies with the service provider.
7. Digital content conforms to the sales contract if, in particular, its:
  1. description, type, quantity, quality, completeness, functionality, compatibility, interoperability, and availability of technical support and updates remain in accordance with the sales contract;
  2. the suitability for a specific purpose as communicated by the User to the service provider at the latest on contract conclusion, and subsequently acknowledged by the service provider.
8. Furthermore, for digital content to be deemed in accordance with the sales contract, it must:
  1. be suitable for purposes for which digital content of its kind is usually used, taking into account applicable legal requirements, technical standards, or good practices;
  2. possess the quantity and characteristics, such as functionality, compatibility, availability, continuity, and security, that are customary for digital content of its type and reasonably expected by the User, given the nature of the digital content and any public assurances made by the service provider, its legal predecessors, or representatives, notably in advertising or labels, unless the service provider can demonstrate that:
    1. it was unaware of such public assurance and, reasonably assessing the circumstances, could not have been aware of it,
    2. before concluding the contract, the public assurance was corrected in compliance with the conditions and form in which the public assurance was made, or in a comparable manner,
    3. the public assurance did not influence the User's decision to conclude the contract;
  3. be supplied with accessories and instructions that the User may reasonably expect to be provided;
  4. be in accordance with the trial version or announcement provided to the User by the service provider before concluding the sales contract.
9. User shall be informed about updates, including security updates, necessary to maintain the compliance of the Digital Content with the sales agreement and shall receive them within the time frame:
  1. specified for the delivery of the Digital Content in the agreement, based on which the delivery is provided continuously, or
  2. reasonably expected by the User, considering the type of digital content and its intended use, along with the circumstances and terms of the agreement, especially if the sales agreement stipulates the delivery of digital content in whole or in parts.
10. If User fails to install updates within a reasonable time, Service Provider shall not be liable for non-compliance of the digital content with the sales agreement solely due to the lack of updates, provided that:
  1. User has been informed about the updates and the consequences of not installing them;
  2. The failure to install or improper installation of updates did not result from errors in the installation instructions provided by the Service Provider.
11. Service Provider shall not be liable for non-compliance of the digital content with the sales agreement if User, no later than at the time of conclusion of the sales agreement, has been clearly informed that a specific feature of the Digital Content deviates from the requirements of compliance with the sales agreement and has clearly and separately accepted the lack of a specific feature of the digital content.
12. Service Provider shall deliver the Digital Content in the version that User has been informed about before the conclusion of the sales agreement.
13. Service Provider shall be liable to User for non-compliance with the sales agreement of digital content delivered once or in parts, which existed at the time of their delivery and manifested within two years from that moment. It shall be presumed that the non-compliance of the Digital Content with the sales agreement, which manifested itself before the expiry of one year from the delivery of the digital content, existed at the time of their delivery. Service Provider may not invoke the expiry of the period for determining the non-compliance of the digital content with the sales agreement if it fraudulently concealed such non-compliance.
14. The Service Provider is responsible to the user for any failure to comply with the sales agreement regarding continuously delivered digital content, which arose or became evident during the period when, according to the sales agreement, it was to be delivered. It shall be assumed that the non-compliance of the Digital Content with the sales agreement occurred at that time if it became apparent during that period.
15. The presumptions specified in paragraph 11.13 and 11.14 shall not apply if:
  1. the User's digital environment is incompatible with the technical requirements, on condition that the Service Provider has clearly and comprehensively communicated this before the sales agreement is finalised;
  2. the User, after being clearly and comprehensively informed before finalising the sales agreement about the obligation to cooperate with the Service Provider, fails to reasonably and with the least burdensome technical means fulfil this obligation to ascertain whether the non-compliance of the digital content with the sales agreement at the appropriate time is due to the characteristics of the user's digital environment.
16. If the digital content does not comply with the sales agreement, the User has the right to request that it be brought into compliance. The Service Provider may decline to bring the Digital Content into compliance if doing so is impossible or would result in excessive costs. When determining excessive costs for the Service Provider, all relevant factors shall be considered, including the significance of the non-compliance and the value of the Digital Content conforming to the agreement.
17. The Service Provider shall bring the Digital Content into conformity with the sales agreement within a reasonable time from the moment when the Service Provider was informed by the User about the lack of conformity with the sales agreement, and without excessive inconvenience to the User, taking into account their nature and purpose of use. The costs of bringing the digital content into conformity with the sales agreement shall be borne by the Service Provider.
18. If the Digital Content is not in conformity with the sales agreement, the User may submit a declaration of price reduction or withdrawal from the agreement when:
  1. bringing the Digital Content into conformity with the sales agreement is impossible or would entail excessive costs;
  2. the Service Provider has not brought the Digital Content into conformity with the sales agreement;
  3. the lack of conformity of the Digital Content with the sales agreement persists, even though the Service Provider has attempted to bring the Digital Content into conformity with the sales agreement;
  4. The lack of conformity of the Digital Content with the sales agreement is so significant that it justifies a price reduction or withdrawal from the sales agreement.
  5. It clearly results from the statement of the Service Provider or the circumstances that the Service Provider will not bring the Digital Content into conformity with the sales agreement within a reasonable time or without excessive inconvenience to the User.
19. The reduced price should reflect the proportion between the price stipulated in the sales agreement and the value of the Digital Content not conforming to the agreement compared to the value of conforming to Digital Content. If the sales agreement involves the delivery of Digital Content in parts or continuously, the duration during which the digital content did not conform to the agreement must be considered when determining the price reduction.
20. The Service Provider may refuse to accept the User's declaration of withdrawal from the sales agreement if it proves that the lack of conformity of the Digital Content delivered in exchange for the payment of the price with the sales agreement is insignificant.
21. The Service Provider is not entitled to demand payment for the time during which the Digital Content was not in conformity with the sales agreement, even if the User actually used them before withdrawing from the agreement.
22. The Service Provider is obliged to refund the price only in part corresponding to the Digital Content not in conformity with the sales agreement and the digital content, the obligation to deliver which has been abandoned due to withdrawal from the sales agreement.
23. The Service Provider is obliged to refund the User the price due to exercising the right to withdraw from the sales agreement or reducing the price immediately, no later than within 14 days from the day of receiving the User's declaration of withdrawal from the sales agreement or reducing the price. Any refund for digital content will be made with the involvement of a payment service provider within Google Play or the App Store, which participated in the acceptance of payment for the Digital Content.
24. The Service Provider may make changes to the Digital Content that are not necessary to maintain its conformity with the sales agreement only if the sales agreement so provides and only for justified reasons indicated in the sales agreement. However, the Service Provider may not make changes to the Digital Content delivered once. The introduction of a change must not entail any costs on the part of the User. The Service Provider is obliged to inform the User clearly and understandably about the change being made.
25. If the change, which significantly and negatively affects the User's access to the Digital Content or its use, the Service Provider is obliged to inform the User in advance on a durable medium about the nature and timing of this change and the right mentioned. In this case, the User may terminate the sales agreement without observing the notice period within 30 days from the day of making the change or informing about this change, if the notification occurred later than this change. The User may not terminate the sales agreement if the Service Provider has provided the User with the right to maintain, at no additional cost, the Digital Content conforming to the sales agreement, in an unchanged condition.
26. Whenever in Clauses 11.1-25 of the Regulations there is mention of a sales agreement, it shall be understood as an agreement for the provision of digital content.
Content User Moderation
1. The Administrator is not responsible for the content posted within the application by Users. At the same time, the Administrator has the possibility to verify User Content at any time with due diligence.
2. In the event that the Administrator detects any User Content that is inconsistent with the Regulations or applicable law, the Administrator reserves the right to temporarily block or remove the data content from the service.
3. The User whose Content is blocked or removed is promptly notified by the Administrator along with the justification for the decision to block or remove the User Content.
4. The User has the right to appeal the above decision in accordance with the provisions of Section 16 of these Regulations.
5. The Administrator ensures that appeals regarding User Content will not be considered in an automated manner - the Administrator will be responsible for verifying the validity of the block or removal of User Content.
Reporting user content
1. Any individual or entity can notify the Administrator of the presence of User Content in the Service that they believe constitutes illegal content under the law.
2. Reports should be submitted via email to kontakt@zegluj.mobi.
3. The report referred to in paragraph 1 should contain the following information:
  1. a detailed explanation of the reasons why the person or entity contends that the pertinent information constitutes illegal content.
  2. indication of the location of the information, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of illegal content, as appropriate to the type of content and the specific type of hosting service;
  3. name and surname or name and email address of the person or entity making the report, except for reports concerning information considered to be related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU;
4. Upon receipt of the report referred to above, the Administrator promptly confirms to the reporting party by electronic means the receipt of the report by sending a relevant message to the email address previously provided by the User. In the event that the report is incomplete or contains other errors, the Administrator may request the User to supplement or correct the report. If the appropriate corrections are not made by the User no later than 14 days from the date of the Administrator's request, the report remains undecided.
5. From the moment of receiving a complete and correct report, the Administrator has 14 days to verify the User Content. The Administrator may request additional information from the reporting party or submit relevant documents that may, among other things, confirm the existence of infringed rights.
6. During the verification process, to ensure its proper conduct, the Administrator is entitled to block User Content in such a way that it becomes invisible to other Users.
7. After completing the verification, the Administrator makes a decision on the permanent blocking or removal of User Content, if it violates the provisions of the Regulations. In the event that the verified Content proves to be in compliance with the Regulations, the Administrator immediately unblocks the blocked Content and restores it, informing the reporting party in the issued decision. However, if the verified Content is subject to blocking or removal, the Administrator promptly notifies the reporting party and the User whose Content has been blocked or removed, while also justifying their decision.
8. The User whose Content has been subject to verification, as well as the reporting party, have the right to appeal the decision under paragraph 7 on the terms described in Section 16 of these Regulations. The appeal may be lodged within 6 months from the date of issuance of the decision.
Sanctions for unacceptable User content
1. If the User uses the Application in a manner inconsistent with the provisions of these Regulations by submitting unacceptable User Content, the Administrator reserves the right to:
  1. permanently block the User's Account;
  2. permanently delete the User's Account;
  3. temporarily block the User's Account.
2. The Administrator has the authority to select the appropriate measure outlined in paragraph 3.1, considering the circumstances of the case and the severity of the violation, independent of any other actions taken in the matter.
3. The temporary blocking or suspension of the User's Account may range from 4 to 31 days. Once the designated period has passed, the Administrator lifts the Account block and reinstates access to the suspended functions of the Application.
4. The User against whom a measure under paragraph 3.1 has been applied has the right to appeal on the terms described in Section 16 of these Regulations.
5. The Administrator ensures that appeals regarding the application of measures under paragraph 1 will not be considered in an automated manner - the Administrator will be responsible for verifying the validity of the application of the measure.
Appeals
1. A User whose Content has been reported or the reporting party of such User Content for verification have the right to lodge an appeal in the following situations:
  1. The Administrator has not blocked or removed User Content despite the report;
  2. User Content has been blocked or removed in a manner inconsistent with the provisions of these Regulations;
  3. Any sanctions related to User Content have been applied to the User.
2. The appeal should be sent to the Administrator:
  1. via email;
  2. using the contact form available on the Website;
  3. in writing to the Administrator's registered office address.
3. The appeal should contain:
  1. the name and surname or company of the appellant;
  2. contact details;
  3. reasoning indicating why the issued decision is deemed incorrect by the appellant.
4. Upon receipt of the appeal, the Administrator promptly confirms its receipt by electronic means.
5. The Administrator considers the appeal within 14 days from the date of its submission.
Complaints
1. The User is entitled to lodge a complaint regarding the malfunction of purchased bathymetric maps.
2. Complaints are handled by the service provider.
3. A properly lodged complaint must include the following data:
  1. user's data (first name, last name)
  2. email address or alternatively a postal correspondence address
  3. email address associated with the account containing bathymetric maps
  4. IMEI number of the mobile device on which the application is installed
  5. User ID from the App Store or Google Play
  6. an email message received from the payment processing company confirming the purchase of the map
  7. subject of the complaint
  8. circumstances justifying the complaint
4. The complaint should be sent to the address: Królewny Śnieżki 18, 10-696 Olsztyn or sent by mail to the address: kontakt@zegluj.mobi.
5. The complaint must be submitted in Polish.
6. The service provider has 14 days to process the complaint and provide the user with a response to the email address or correspondence address provided in the complaint.
7. Complaints regarding payment issues will not be considered. They should be directed to the entities providing payment services in the App Store or Google Play store.
8. Any reimbursement for Additional Services will take place with the Google Play or App Store payment service provider that participated in accepting payment for the Additional Service.
Termination of Work with the Application
1. The User may resign from using the Żegluj mobile application at any time by uninstalling it from the mobile device.
2. The service provider reserves the right to block the user's account if it is not activated for a period longer than 7 days.
3. The service provider reserves the right to delete the user's account or restrict the use of selected application services if it finds that the User violates the law or the Regulations, violates social norms, or damages the reputation of other Users or the service provider.
4. The service provider reserves the right to suspend the operation of the Service or the provision of the Service at any time and for any reason. The suspension of operations will be preceded by notifying Users in advance.
Technical Issues
1. The zegluj.mobi website collects information contained in system logs (date and time of connection, IP address, and others). This data is used for technical, statistical, and marketing purposes.
2. The website collects data used by the Google Analytics statistics system (source of entry to the website, content of queries entered into search engines, navigation path, etc.). This data is used for statistical purposes.
3. The website uses the "cookies" mechanism. Cookies are small text files stored by the server on the user's computer, used, among others, to remember data necessary for logging into the service. They contain a unique user identifier, information about the operating system, internet browser used by the user, etc. Cookies do not contain personal data and do not enable identification of the person. The condition for the operation of cookies is their acceptance by the browser and not deleting them from the computer's disk. The Google Analytics tool uses its own cookie files to track user actions on the website. These files are used to store information such as the start time of the current visit and whether the user has previously visited this website and from which website they came to the current website.
Final Provisions
1. In matters not regulated by the Regulations, the provisions of the Civil Code and the Act on the provision of electronic services apply.
Complaints and Reporting Violations
1. Any comments on the operation of the Application, suggestions, complaints, and reports of violations should be sent via email to: kontakt@zegluj.mobi or by phone at +48 736 626 962.
2. The complaint should include: the User's name, the name and model of the mobile device, the version of the operating system installed on the device, and a comprehensive description and reason for the complaint.
3. The response time for the complaint is 14 business days. Explanations regarding the processing of the complaint are sent using email.
4. In cases where the consideration of the complaint requires obtaining additional supplementary information, the service provider will request the user to provide them. The time needed to provide explanations extends the period for processing the complaint.
5. The service provider reserves the right to leave the complaint without consideration if the report results from a lack of knowledge of universally applicable law or the Regulations.
6. The entity responsible for considering complaints related to the purchase and operation of bathymetric maps (additional layers showing the depth of a given body of water) is the company Infeo Marcin Marek Gryszko with its registered office in Olsztyn at Królewny Śnieżki 18, 10-696 Olsztyn, NIP number: 739-315-00-70, in accordance with the information generated from the Central Register and Information on Economic Activity system, email: kontakt@zegluj.mobi, phone: +48 736 626 962.
7. However, Infeo Marcin Marek Gryszko is not responsible for transactions or any agreements concluded between Application Users and owners of POI Points.
Changes to the Regulations
1. The service provider reserves the right to amend the Regulations at any time and to any extent. The changes come into effect upon their publication on the zegluj.mobi/regulamin.html website.