The following agreement ( “Agreement”) with the user is binding upon users who will register from 23.03.2021.
1. Introduction
Welcome to MyTower platform! (“My Tower”)
By using the services ( “Services”) offered on My Tower (mytowerapp.eu and other related sites, which appears in this Agreement) and services, which can be used via the MyTower app (“Application”), You agree to be bound by the following terms, including those available via hyperlinks, and the general terms available on sites of our subsidiaries and foreign branches.
User residing in the European Union concludes an agreement with My Tower Europe Sp. z o.o. A company with its registered office in Krakow, address: Sukiennicza street 8 / U7, 31-069 Krakow, entered into the Register of Entrepreneurs maintained by the District Court for the Kraków-Śródmieście in Kraków, XIth Commercial Division of the National Court Register under the number KRS 0000882769, REGON: 388128682, NIP: 6762592315, share capital: PLN 5,000.00, hereinafter referred to as: “MTE”, contact with the customer service via e-mail : contact@mytowerapp.eu
Before making a registration, user of MyTower should read and accept all terms and conditions contained in this User Agreement, Privacy Statement, and also terms available as a link in this Agreement or Privacy Statement. If You do not agree with our policies, please do not use the Application, our sites and services. We strongly recommend that You read the User Agreement and the information available via the links.
The provisions of this Agreement concerning consumers also apply to natural persons concluding this Agreement in matters directly related to their business activity, if such matters under Agreement does not pertain to activities of professional nature.
2. Definitions
In this agreement, the following notions have the following meanings:
Application services – services available in buildings using MTE software, allowing the user to purchase services provided by MTE and to purchase services (“Services of Providers”) provided by other service providers (“Service Providers”) .
User – means a user of the My Tower app, regardless of whether it is a business user;
Business user – means any private person acting for commercial or professional purposes or any legal entity that, through My Tower services, offers goods or services to consumers for purposes related to its trade, business, craft or professional activity, having its registered office or place of residence in the European Union. who through My Tower services, offer goods or services to consumers staying in the European Union, regardless of other applicable regulations.
3. Policies and amendments to the agreement
The following policies, as well as all other policies available on MyTower also constitute a part of this Agreement and contain additional terms related to certain services offered on our sites or Application :
https://www.mytowerapp.eu
We may amend this Agreement at any time by notifying the user of this fact by e-mail and by posting the
amended version of the Agreement on the website www.mytowerapp.eu/terms
Each amended version of the Agreement will apply to newly registered users from the date of registration the account in the Application. In respect of the users who are already registered, the amended version of the Agreement will become effective after 15 days from the date of notification of amendment or the date of acceptance of the changed version of the Agreement. Privacy Statement is subject to change on the terms specified in this Agreement. Changes may not be introduced in any other form than the above-mentioned, except for a written agreement signed by the user and MTE. Written form should also be understood as an electronic form with an unambiguous electronic confirmation of the conclusion of the agreement.
Any other policies (“Policies”) of My Tower may be changed from time to time by posting revised versions of the Policies on My Tower. Amendments will become effective 15 days from the date they are posted on My Tower, and in respect of the Privacy Statement after 30 days from posting. If you do not accept the amendments to the Policy or the Privacy Statement, please cease to use My Tower .
Before purchase of each of the Services, you will have to accept the terms and conditions of the service (“Terms of a Service”).
Changes to the terms of use of the Services by Service Providers that require technical or commercial adjustments to implement the changes, My Tower may impose a longer period after which the changed Policy becomes effective.
The User who does not accept the amendments to the Agreement has the right to terminate the Agreement in accordance with the provisions set out in the section “Account deletion” below.
Notwithstanding the above, business users have the right to withdraw from the Agreement until the effective date of the amended Agreement. Withdrawal from the Agreement will be effected by deletion of the User Account, which can be done by the user at any time.
4. Use of My Tower Services
My Tower Services cannot be used by a user who is unable to conclude legally binding contracts, is under 18 years of age or has been temporarily or indefinitely suspended from using our services.
The user is obligated to pay for the purchased services, unless the circumstances set out in the Agreement occur.
The Service Provider is obligated to perform services unless the user fails to comply with the terms necessary to perform services or the identity of the user cannot be verified.
Users and Service Providers may not circumvent payment provisions relating to fees, interfere with the billing process and otherwise affect payment of receivables due to My Tower.
You must not violate any laws, third party rights or our policies,
You are not allowed to transfer Your My Tower account to other people without MTE’s consent
It is forbidden to spread viruses or any other technology that may be harmful to the services of My Tower and the interests or property of My Tower users.
You are not allowed to copy, modify, as well as to distribute the content of the services and elements protected by copyright and trademarks of the MTE.
You are not allowed to collect or store or transmit information about users, including their e-mail addresses, without their consent.
In addition, you authorize My Tower to use the automated content translation tools and to translate the communication between users and Service Providers, in whole or in part, to the local language version of the location where such translation tools are available. Upon your request, we may provide you with such content translation tools. However, the availability and accuracy of the translation is not guaranteed.
5 . Abuse of the My Tower services
Regardless of other measures permitted by law, MTE may limit, suspend or terminate the provision of its services and the operation of the user’s account, prohibit access to our services or Application, delete posted content or delay its publication or otherwise limit the provision of services, take technical and legal steps in order to prevent users or Service Providers from using certain services, if their behavior may result in legal liability or they do not comply with our terms. We also reserve the right to delete user accounts that are not authorized to use the real property.
MTE informs the Service Providers by e-mail about the planned restriction, suspension, discontinuation of certain services, planned removal of certain content or other planned actions limiting the possibility of using My Tower services before taking the planned action along with its justification, unless there is a situation justifying taking these actions without prior notice as detailed below. After receiving the information, the Service Provider has the right to comment on the planned activity and its justifications by filing a complaint under complaint procedure.
Before deletion of the Service Provider’s account, discontinuation by My Tower of provision of services to the Service Provider or prohibiting access to our services, My Tower will notify the Service Provider by email at least 30 days before the planned account deletion.
My Tower does not inform Service Providers about the intention to take actions resulting from the abuse of our services and does not justify them if:
1)iMy Tower is subject to a legal or regulatory obligation under which it is required to terminate all its online intermediation services to a given Service Provider in a manner that prevents it from meeting this notice period;
2) uses the right to terminate the provision of services for an overriding reason, which results from national law in accordance with EU law, however, then My Tower will inform about the reason for taking these actions;
3) can prove that the concerned Service Provider has repeatedly violated terms of use for the Services, resulting in the termination of all online intermediation services.
6 . Fees and Services
The current version of the My Tower application is a test version, therefore, no fees are charged for the use of the Application and the Services provided, and during the test period, it is not possible to purchase any services from Service Providers.
7 . Additional services
To increase users’ satisfaction, MyTower may offer its own additional services, as well as services provided by third parties or Service Providers .
Detailed information on additional services is available on the website www.mytowerapp.eu
8 . Posting of Services by Service Providers
By listing the Services, the Service Provider agrees to comply with the terms of service and agrees that:
1) Offers of Service Provider will be made available through the Application after a maximum of 5 business days,
2) Service Providers’ content posted on My Tower that violates any My Tower terms, although accepted by My Tower at the time of creation of the account by Tower or execution of the Agreement, may be modified, hidden or removed by My Tower at its sole discretion;
3) Is responsible for the accuracy, content and legality of the offer,
4) MTE can make changes in the descriptions of the Services to supplement, correct or delete
information relating to the Services;
5) Certain Features will only be available for certain Services or countries.
6) Service Providers’ offers will be displayed regardless of the sorting option chosen by the user.
9 . Content Provided by Service Providers
By providing us with content constituting intellectual property within the meaning of the applicable law (including activities resulting in the publication of a content using the Application or My Tower services), the Service Provider grants us a non-exclusive, territorially unlimited, free and sublicensable license to use copyrights, protection rights to trademarks, rights to image, rights related to databases and any other intellectual property rights that the Service Provider has in relation to the content provided, in all fields of exploitation and to all elements contained in this content (such as, among others, texts, images, photos, logos , photos, trademarks, designs, names, data), including use in any language, in any database, in whole or in part, and including the creation and use of derivative works (“Content”). The license is granted from the moment the Content is provided, for the duration of any copyright or other rights to the content or until MTE deletes the Content provided to MTE. In addition, the Service Provider undertakes not to execute any authors’ moral or economic rights or any intellectual property rights it holds in respect to the Content provided.
The fields of exploitation include the right to copy, reproduce, publicly communicate, transmit, modify, adapt, translate, sublicense, enter into and use in databases all or part of the Content, in any process, format, in any medium (digital or otherwise), in any media known at the time of submitting the Content to us for the purposes of My Tower, services of My Tower or services of My Tower group.
MTE may authorize third parties, including Service Providers and My Tower services users, to use all or part of the Content made available to My Tower for the purposes related to the operation of internet portals and provision of services by members of My Tower group.
The Service Provider guarantees that the Content complies with applicable law, that it is the owner of intellectual property rights to the Content and that it does not infringe any rights of third parties or is not subject to any action related to infringement of rights. The Service Provider provides to My Tower a warranty against any financial consequences of any action, claim or objection by any person claiming intellectual property rights to the Content, any allegations of unfair competition and / or defamation or offense.
MTE may offer Service Providers content provided by third parties. Service Providers may only use this content in their services offered through the Application. My Tower may cease to provide such content, for example, in the event that it no longer holds the license granted to My Tower by third parties or other entities, or loses the right to authorize the use of such content by Service Providers.
Despite our efforts to provide reliable data regarding the Services, we cannot, however, promise that the content provided by the Services will always be accurate, complete and up to date. You agree that My
Tower is not responsible for verifying or ensuring that services or content provided by Service Providers or third parties through the Services is accurate. Service Providers accept responsibility for ensuring the accuracy of the content directly related to their service.
10 . Responsibility
The User may not hold My Tower responsible for the content posted by Service Providers, their acts or omissions and for the services they provide. MTE only enables Service Providers to provide services via the Application. My Tower does not control the transactions between buyer and seller. We do not guarantee the quality, safety and legality of the services provided, the integrity or accuracy of the offers to provide services or the content of services provided by Service Providers, the ability to pay for services by users, or that the user or the Service Provider will properly perform the service or refund for the services.
Nothing in this Agreement shall limit or exclude our liability for damage caused intentionally. Our Services can be affected by numerous events beyond our control. Therefore, to the extent permitted by law, we exclude or limit, if the exclusion is not possible, all the warranties and guarantees provided for by law, We are not responsible for damages caused by unintentional fault, damage to reputation or good name and for lost profits in connection with your use of our websites and services. The above disclaimers do not apply to consumers.
Our liability for damages to Service Providers is limited to the amount of MTE’s remuneration for the use of the Application by the Service Provider, however, it will not exceed the amount of remuneration of My Tower for a period of one year and not more than PLN 5,000.00. The above limitation does not apply to cases where the Agreement is concluded with a user who is a consumer.
You agree not to use any software designed to automatically access My Tower without our prior written consent.
The User has no right to provide the Application login details and Application credentials to anyone, just like the Application itself, and should not make the Device available to other people, as this may result in charging the fees for the services to the User’s account without the user’s knowledge and consent.
Additionally, the user undertakes:
1) not to copy, reproduce, modify, create derivative works, to market or publicly disclose any content from My Tower without MTE’s prior consent or the required consent of the third party, depending on the context;
2) not to disrupt or attempt to disrupt the proper functioning of the sites or other activities carried out on the sites or Application.
11. Compensation
The Service Provider, undertakes to repair damages incurred by MTE and to indemnify MTE against any claims or demands of third parties resulting directly from the breach by the Service Provider of the provisions of the Agreement and to return to My Tower reasonable costs of legal representation, the above-mentioned obligation does not apply to consumers.
1 2 . Notifications
Unless expressly agreed otherwise, all correspondence regarding My Tower services should be sent by registered mail to MTE.
Correspondence for users will be sent to the email address provided during registration. In the case of correspondence for Service Providers, it will be sent to the email address provided by the Service Provider, if we do not receive a message about an incorrect email address, the message is considered delivered after 24 hours from its sending.
13. Dispute resolution
Before using legal remedies, we encourage You to contact our customer service office at: contact@mytowerapp.eu. We will consider settling the dispute by amicable means such as mediation or arbitration as an alternative to litigation.
14. Applicable law and jurisdiction
This Agreement is governed by the Polish laws, and in the case of entities other than a consumer – the courts in Krakow will have exclusive jurisdiction to settle any dispute or claim, unless the parties have agreed otherwise.
15 . Complaints procedure
Any complaints regarding the services of the My Tower should be sent via the Application via the “contact” tab or via the email address contact@mytowerapp.eu. Our Customer Service department will consider each complaint and claim and, if necessary, take appropriate action without delay.
16 . Technical requirements for using the Services
Internet service
To use our website services, you need a web browser and enabled JavaScript, cookies and pop-up windows. If you encounter technical problems, please refer to our Help pages or contact Customer Service.
Application
Before using the Application, the User is obliged to read all the provisions of this Agreement.
1) The Application can be used on a device with an installed Android mobile operating system (version 5.x and above) or iOS (version 10.x and above),
2) The application is available for download from the Google Play Store and the App Store .
3) In order to log in to the Application for the first time, the User should be logged in to the cellular network. In order to use all services, it is necessary to obtain a password to access the
Application via SMS.
4) In order to use the Application, you must have access to Wi-Fi or a mobile data network and it
may result in:
a) fees for Internet access (data transfer) in the mobile network in connection with the installation and use of the Application,
b) any fees for using a given Wi-Fi network, specified by the Wi-Fi network provider,
5) The user may at any time disable the Application by logging out of it or remove the Application from the device through the operating system options available on the device. Please note
that by removing the User Application does not lose data saved in the Application, 6) Replacing the device requires reinstallation of the Application on a new device.
7) The use of the Application requires the acceptance of the Agreement.
17 . Account deletion
This Agreement may be terminated immediately at any time by means of a written or electronic statement. However, we may retain your personal information for a period of time as described in the Privacy Statement. Service My Tower may terminate this Agreement with two weeks notice. The service still has the right to suspend the provision of Services to the user and the Service Provider .
18 . General provisions
In the event that any part of this Agreement is found invalid or unenforceable, such provision shall not apply and the remaining provisions shall remain in force.
In matters not covered by this Agreement, the provisions of the Civil Code and other legal acts will apply.