PLIKSHARE INTERNET SERVICE REGULATIONS

Thank you for visiting our internet service available at the address https://plikshare.com/ (hereinafter referred to as "Internet Service", "Service", "plikshare.com").

The formula of this regulation assumes the establishment of general principles and conditions for using the Internet Service, in particular the principles and conditions under which the functionalities of the Internet Service will be used, inquiries will be made, and agreements concluded through the Internet Service will be executed.

These terms, in the event of a decision to use the Internet Service, regulate in particular the rules for using the Internet Service and its functionalities, including issues related to our liability.

I invite you to familiarize yourself with the regulations,

Damian Krychowski

GENERAL PROVISIONS

The owner of the Internet Service is Damian Krychowski conducting business under the name Damian Krychowski (registered office and address for service: ul. Marii Skłodowskiej-Curie 8/22, 42-400 Zawiercie, Poland), NIP: 6492262191, email address: [email protected] (hereinafter referred to as the "Service Provider").
The regulations are addressed to all persons using the Internet Service, unless a provision states otherwise. The provisions of this Regulation are not intended to exclude or limit any rights of Consumers, as well as Businesses as Consumers, granted to them under mandatory provisions of law. In the event of inconsistency between the provisions of this Regulation and the above-mentioned provisions, priority shall be given to the latter.
The terms used in this Regulation mean:
1. BUSINESS DAY - one day from Monday to Friday, excluding statutory holidays.
2. BUSINESS AS A CONSUMER - a natural person for whom the use of the Internet Service (including entering into an Agreement) is directly related to their business activity, when it appears from the circumstances that it does not have a professional character for this person, particularly resulting from the subject matter of the business activity carried out by them, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
3. ORDER FORM - an Electronic Service, an interactive form available on the Internet Service enabling the placing of an Order by the Service Recipient and specifying the conditions of the Agreement, in particular by adding the Product to the electronic shopping cart and clicking the action field.
4. CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
5. CONSUMER - a natural person for whom the use of the Internet Service is not directly related to their business or professional activity.
6. NEWSLETTER - an Electronic Service, an electronic distribution service provided by the Service Provider via email, allowing all Service Recipients using it to automatically receive from the Service Provider periodic content of subsequent editions of the newsletter containing information about Training Services, news, and promotions on the Internet Service.
7. COPYRIGHT LAW - the Copyright and Related Rights Act of February 4, 1994 (Journal of Laws No. 24, item 83, as amended).
8. REGULATION - this regulation of the Internet Service.
9. INTERNET SERVICE, SERVICE, plikshare.com - an internet service operated by the Service Provider and available at the internet address plikshare.com
10. SALES AGREEMENT, AGREEMENT - an agreement for delivery, i.e. providing access to the Software License concluded or to be concluded at a distance between the Customer and the Service Provider through the Internet Service.
11. ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Internet Service in accordance with the Regulation.
12. USER, SERVICE RECIPIENT, CUSTOMER - (1) a natural person with full legal capacity, and in cases provided for by universally applicable laws, also a natural person with limited legal capacity; (2) a legal person; and (3) an organizational unit without legal personality, to which the law grants legal capacity; - using or intending to use the Internet Service and entering into or intending to enter into an Agreement with the Service Provider.
13. SERVICE PROVIDER - Damian Krychowski conducting business under the name Damian Krychowski (registered office and address for service: ul. Marii Skłodowskiej-Curie 8/22), NIP: 6492262191, email address: [email protected]
14. CONSUMER RIGHTS ACT - the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended).
15. ORDER - a declaration of will of the Customer submitted by means of the Order Form and directly aimed at placing an Order to conclude an Agreement with the Service Provider.
16. PRODUCT, SOFTWARE - the PlikShare software application licensed under this agreement.
17. LICENSE - the right to use the Software under the terms of this agreement.
18. LICENSE AGREEMENT - an agreement for granting a license to use the Software concluded or to be concluded between the User and the Service Provider available at the address https://plikshare.com/license-agreement

PLACING AN ORDER, CONCLUSION, AND EXECUTION OF SALES AGREEMENT

To place an Order, the User should perform the following actions:
1. go to "Pricing" seciton of the website
2. click "Order" button
3. accept required agreements
4. click "Buy Now" button
5. fill in the payment form
6. place the Order by using the "Buy now" button;
7. pay for the Order;
The prices of Products displayed on the pages of the Internet Service are stated in euros. The Customer is informed of the total price of the Product including applicable taxes no later than before expressing the intention to be bound by the Sales Agreement.
The Service Provider does not use an algorithm that adjusts prices based on automated decision-making.
The Service Provider envisages the possibility for the Customer to use discount codes provided by the Service Provider when making payments, which will reduce the final price in the shopping cart.
The Service Provider envisages the possibility of providing Customers with both time-limited and unlimited discount codes distributed as part of the Newsletter or in exchange for purchasing selected Products chosen by the Service Provider. The conditions for obtaining and using the discount code will be provided to Customers each time along with the provision of such code.
In case of informing the Customer about a price reduction of a product or service, alongside the information about the reduced price, the Customer is also informed about the lowest price of that product or service that was applicable during the 30 days prior to the reduction.
The Service Provider confirms to the Customer the conclusion of the Sales Agreement by sending an appropriate email message containing confirmation of the conclusion of the Sales Agreement and a link to individual License key which will allow the Customer to fully activate the Software. Upon receipt of the aforementioned email message by the Customer, the Sales Agreement is concluded between the Customer and the Service Provider.
Regardless of the method of concluding the Sales Agreement, in matters not regulated by the Customer with the Service Provider, these Regulations apply, and the Agreement is always concluded in accordance with universally applicable laws, in particular the Civil Code.
The content of the concluded Sales Agreement is recorded, secured, and made available to the Customer by (1) making this Regulation available on the website of the Internet Service and (2) sending an email message to the Customer with confirmation. The content of the Agreement is additionally recorded and secured in the teleinformatics system of the Internet Service.

LICENSE ACTIVATION

After purchasing a license, the Customer will receive an email containing a link to view their license.
Upon clicking this link, the Customer will be directed to a page where they can see their license details.
To complete the activation process, the Customer must specify the domain name where their PlikShare instance will be hosted.
The Customer should enter the full domain/subdomain name (e.g., "example.com", "files.example.com") in the provided field.
After entering the domain name, the Customer should click the "Activate License" button to finalize the process.
Once activated, the license will be bound to the specified domain and cannot be used on other domains.
Due to the permanent nature of this activation, the Customer should ensure they are using the correct and final domain name for their PlikShare instance before proceeding.

INSTALLATION AND USAGE

To use the Software, the Customer must install it on his own infrastructure.
The Customer must ensure their infrastructure meets the minimum system requirements for the Software (1GB RAM / 1CPU).
The Service Provider will provide installation instructions.
To install the software the Customer must accept the License Agreement
To activate the Software, the Customer need to log in with the credentials set up during the installation process and perform the following actions:
1. go to "Settings" page of the Software
2. In the "Application Settings" section click the "General" button
3. copy his License into a textarea under the "License" section
4. click "Save License" button

UPDATES AND SUPPORT

The Software Provider may provide Software updates at its discretion.
Customers with an active License will receive access to all updates versioned as 1.x.x for free. All higher (2.x.x and higher) versions of the Software will be available to buy as a separete Product.

METHOD AND DEADLINE OF PAYMENT FOR THE PRODUCT

The Service Provider provides the Customer with the following payment methods for the Agreement:
1. Online payment methods available: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro and others (via Stripe.com)
2. Payment by bank transfer to the Service Provider's bank account.
3. In the case of the Customer's desire to use the option of making payment by bank transfer the Customer is obliged to express their desire to use such payment option to the following email address of the Service Provider [email protected]. Based on the received notification, the Service Provider, within 3 days from the date of its receipt, will issue a proforma invoice and send it back to the Customer with all payment details. After the Customer makes the payment and it is credited to the Service Provider's bank account, the Service Provider, within 3 days from the date of crediting the funds to the bank account, will grant the Customer access to the purchased materials on the Service and send a purchase confirmation to the email address provided by the Customer in the form of a VAT invoice.
Payment term: In the case of the Customer choosing electronic payments, the Customer is obliged to make the payment immediately after placing the Order.

RESPONSIBILITY

The Software provided by PlikShare are offered "as is," which means that the user uses them at their own risk. PlikShare is not liable for any damages to the user or third parties resulting from the use of the services. Additionally, the Service Provider is not responsible for the inability to store, transmit, share, or delete files, as well as for the damage or loss of data, information, or content contained in the User's Content. The limitation of liability referred to in this point does not apply if the liability for the damage is caused intentionally or through gross negligence by PlikShare. In the event that PlikShare is liable for damages under applicable law, the total liability of PlikShare to the Service Recipient for any claims arising from the use of the Services will not exceed in total the amount the Customer paid for the Software license.
The Customer is obligated to release PlikShare from any claims, incidents, liabilities, damages, and costs arising from their use of the Software or violation of the provisions of the Regulations. This includes claims by third parties related to content stored or shared by the Service Recipient.

OPINION ISSUING MECHANISM

The Service Provider contacts Customers who have used the Products through remote electronic communication tools provided as contact details by the Service Recipients to obtain feedback on the services provided.
The Service Provider then publishes selected reviews from actual Customers on its website with their consent.

COPYRIGHTS TO THE SERVICE PROVIDER'S CONTENT

Content and materials provided both as part of the Product and the Newsletter may be subject to Copyright (work). The Customer's use of the Service Provider's content constituting a work within the meaning of Copyright Law and therefore subject to Copyright protection is possible only for non-commercial purposes, for the Customer's own use, within the scope specified in these Regulations and Copyright laws.
The Customer does not acquire any copyrights to any content and materials displayed, reproduced, or otherwise provided to the Customer as part of the Product. The Customer is expressly prohibited from recording such content and materials by any means, as well as distributing and trading them in any form. The Customer has no right to copy the content and materials provided to them except in cases permitted by absolute law.
Copyrights and intellectual property rights to the Internet Service as a whole and its individual elements, including content, graphics, works, designs, and marks available within it, belong to the Service Provider or other authorized third parties and are protected by Copyright and other universally applicable laws. The protection granted to the Internet Service includes all forms of their expression.
Trademarks of the Service Provider and third parties should be used in accordance with applicable law.
In case of any doubts, it is assumed that the Service Recipient using the Internet Service does not acquire any copyrights to the materials (including text and graphic content) to which they gain access while using the Electronic Services.

ELECTRONIC SERVICES AVAILABLE ON THE INTERNET SERVICE

ORDER FORM

The use of the Order Form begins when the Service Recipient selects a Product on the Internet Service. Placing an Order occurs after completing two consecutive steps – (1) filling out the Order Form available after selecting the Product and clicking the "BUY NOW" button and (2) clicking the action field – up to this point, there is the possibility of independently modifying the entered data (for this purpose, follow the displayed messages and information available on the website).
The Electronic Service Order Form is provided free of charge and is one-time. The use of the Order Form ends with the placement of an Order through it or earlier.

The use of the Newsletter occurs after providing an email address in the Newsletter section visible on the Internet Service's website, where subsequent editions of the Newsletter are to be sent, selecting the statement consenting to receiving commercial information, familiarizing oneself with the provisions of the Privacy Policy and Regulations, and clicking the action field.
In connection with using the Newsletter, the Customer provides their data to the Service Provider in exchange for digital materials received from the Service Provider, and for this reason, the Customer does not incur any monetary fee.
If the Customer would like to receive information and materials provided as part of the Newsletter but does not want to provide their data to the Service Provider, they should express this need using one of the communication means provided by the Service Provider. In such a situation, the Service Provider envisages the possibility of providing the Customer with materials sent as part of the Newsletter for a fee of PLN 30.00, in a manner agreed upon by the Parties.
The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option to unsubscribe from the Newsletter (opt-out of the Newsletter) at any time and without giving a reason by sending a relevant request to the Service Provider, especially via email to the address: [email protected].
Any complaints or other reports regarding the Electronic Services and the operation of the Internet Service can be submitted electronically to the Service Provider's email address: [email protected]. The Service Recipient should provide their contact details and briefly present the information regarding the reported technical problem or other irregularity. The Service Provider undertakes to respond to the received report within 14 calendar days from the date of its receipt.

CONTACT WITH THE SERVICE PROVIDER

The primary form of current distance communication with the Service Provider is electronic mail (e-mail: [email protected]), through which information regarding the use of the Internet Service can be exchanged with the Service Provider. Service recipients may also contact the Service Provider through other legally permissible means, using the contact details provided at the beginning of the Regulations.
The Service Provider also provides the opportunity for communication via telephone number: +48 732 135 562

COMPLAINTS

The basis and scope of the Service Provider's liability towards the Service Recipient if the Product is not in conformity with the concluded Agreement are determined by the generally applicable provisions of law, in particular in the Civil Code.
Any complaints regarding Agreements concluded with the Service Provider can be submitted directly to the Service Provider, for example via electronic mail (e-mail: [email protected]).
The Service Provider recommends providing in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of irregularities; (2) the expectations of the Service Recipient; and (3) contact details of the complainant – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description, but they may influence the Service Provider's final decision on the assessment of the validity of the submission.
The Service Provider shall address complaints promptly, no later than within 14 calendar days from the date of receipt.

LEGAL RIGHT TO WITHDRAW FROM THE AGREEMENT

This point of the Regulations and the provisions contained therein apply to Service Recipients who are Consumers.
The Consumer shall not have the right to withdraw from a distance contract for the provision of services for which the Consumer is obligated to pay a fee, if the Entrepreneur has fully performed the service with the Consumer's express and prior consent, and the Consumer was informed, prior to the commencement of the service, that they would lose the right to withdraw from the contract upon full performance by the Entrepreneur and acknowledged this fact. Furthermore, the right to withdraw from a distance contract does not apply to contracts for the supply of digital content not delivered on a tangible medium, for which the Consumer is obligated to pay a fee, if the Entrepreneur has commenced the service with the Consumer's express and prior consent, and the Consumer was informed, prior to the commencement of the service, that they would lose the right to withdraw from the contract upon the Entrepreneur's performance and acknowledged this fact.
Subject to point 12 clause 2 of the Regulations, the Consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs. To meet the deadline, it is sufficient to send a statement to the Service Provider before the expiry of the deadline in accordance with the contact details provided at the beginning of the Regulations. The Consumer may use the withdrawal form template, which constitutes Annex No. 2 to the Consumer Rights Act, but this is not mandatory.
The period for withdrawal from the Agreement begins on the day of concluding the Agreement.
The provisions concerning the Consumer contained in this point 10 of the Regulations apply from January 1, 2021, and for agreements concluded from that date also to the Service Recipient being a Company with Consumer Rights.

OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND ENFORCING CLAIMS

This point 13 of the Regulations and the provisions contained therein apply only to Service Recipients who are Consumers, from January 1, 2021, and for agreements concluded from that date not also being a Company with Consumer Rights.
Detailed information on the possibilities for the Consumer to use out-of-court methods of handling complaints and enforcing claims, as well as the rules for accessing these procedures, are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
The Consumer has the following example options for using out-of-court methods of handling complaints and enforcing claims: (1) submitting an application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) submitting an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the place of business activity of the Service Provider); and (3) assistance from the district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumer Association).
The internet platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from contracts concluded online.

ADDITIONAL PROVISIONS

This point 14 of the Regulations and all provisions contained therein are addressed and therefore binding exclusively on Service Recipients who are not Consumers, from January 1, 2021, and for agreements concluded from that date not also being a Company with Consumer Rights.
The Service Provider has the right to withdraw from the agreement concluded with the Service Recipient within 14 calendar days from the date of its conclusion. Withdrawal from the agreement in this case may occur without stating a reason and does not give rise to any claims on the part of the Service Recipient against the Service Provider.
Any delays or failures to fulfil the conditions of the agreement by the Service Provider shall not constitute grounds for the Client to withdraw from the agreement or claim compensation for incurred losses or other equivalent payments, if the non-performance or improper performance of the agreement was caused by factors for which the Service Provider is not responsible and to which the Service Provider did not contribute.
The Service Provider shall not be liable to the Client for damages and non-performance of obligations resulting from force majeure events (e.g., hacker attacks, natural disasters, epidemics, wars, riots, floods, fires) or any other reasons beyond the reasonable control of the Service Provider.

FINAL PROVISIONS

Agreements concluded through the Internet Service are made in the English language.
The Service Provider reserves the right to make changes to the Regulations for valid reasons, namely: changes in legal provisions; changes in methods and terms of payment; changes in the scope of services provided; addition or removal of services; changes in the license agreement – to the extent that these changes affect the implementation of the provisions of these Regulations.
1. Changes to the Regulations shall not in any way infringe upon the vested rights of Service Recipients before the effective date of the changes to the Regulations, in particular changes to the Regulations shall not affect orders already placed or submitted, and agreements concluded, executed, or performed.
Matters not regulated by these Regulations shall be governed by the generally applicable provisions of Polish law, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; Copyright Law, and other relevant provisions of universally applicable law.

Thank you for your careful reading!

If you have any questions, I am always at your disposal – please contact me using the data provided at the beginning.

I invite you to cooperation,

Damian Krychowski