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Terms of Service

Terms of use of the iTour mobile app

This is a translation of the Polish original. The Polish version is legally binding: Regulamin iTour (in Polish)

Introduction

These Terms (hereinafter the “Terms”) set out the conditions for using the “iTour” mobile application (hereinafter the “Application”), provided by the Service Provider. The Terms have been drawn up on the basis of:

  • the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means (UĹšUDE),
  • the Polish Act of 30 May 2014 on Consumer Rights,
  • the Polish Act of 4 February 1994 on Copyright and Related Rights,
  • Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services (DSA),
  • Directive (EU) 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services.

Use of the Application constitutes acknowledgement of having read, and acceptance of, these Terms and the Privacy Policy, which forms an integral part of the Terms. Failure to accept either of these documents makes it impossible to provide the service – in such a case the User should uninstall the Application without delay.

1. Definitions

  • Application – the iTour mobile application for devices running iOS and Android, functioning as an audio tour guide.
  • Service Provider – Mateusz Brucki, running a sole proprietorship, correspondence address: WaĹ‚y Piastowskie 1 lok. 1508, 80-855 GdaĹ„sk, e-mail: kontakt@itour-app.com.
  • User – a natural person who has reached the age of 16 and uses the Application.
  • Content – any materials made available in the Application, in particular audio recordings (Stories), transcriptions, maps, photographs and the graphical interface.
  • User Content – materials (e.g. comments, reviews) that the User may voluntarily submit to the Service Provider; a comments module may be launched in the future.
  • Route – a sightseeing trail designated by the Service Provider, consisting of Points.
  • Point – a specific place on a Route to which Stories have been assigned.
  • Story – an audio recording or related text assigned to a given Point or played while moving between Points.
  • Paywall – a mechanism in the Application that blocks access to certain Content or functionalities; they are unlocked once a Payment has been made.
  • Payment – a one-off fee paid via the Apple App Store or Google Play in order to obtain access to Content or features covered by the Paywall.
  • Licence – a non-exclusive, non-transferable, non-sublicensable and revocable licence for the User to use the Application and the Content on the terms set out in these Terms; the Licence expires automatically upon permanent deletion of the Application from the device.
  • Privacy Policy – a document describing the rules for processing Users’ personal data; available in the Application and at https://itour-app.com/privacy.

2. General provisions

  1. The Terms set out the rights and obligations of the Service Provider and the User.
  2. Downloading, installing or using the Application constitutes full acceptance of the Terms and the Privacy Policy.
  3. Using the Application requires a device that meets the Technical Requirements (see § 9).

3. Conditions for using the Application

  1. The Application is intended solely for personal and non-commercial use.
  2. The User undertakes to use the Application in accordance with the law, the Terms and its intended purpose.
  3. The following are prohibited in particular: a) copying, modifying, distributing or publicly playing the Content without the written consent of the Service Provider; b) decompiling, reverse engineering or modifying the source code of the Application; c) making paid Content available to third parties who have not made a Payment; d) actions that disrupt the operation of the Application or of the systems and infrastructure of the Service Provider’s hosting partners.
  4. Using features based on GPS and automatic playback requires an active internet connection and enabled location services. Safety clause: the User should exercise particular caution in road traffic, take off their headphones or use “Transparency” mode when crossing the road, and comply with local road traffic regulations.

4. Licence

  1. The Service Provider grants a Licence to install and use the Application on devices owned or controlled by the User, in accordance with the terms and conditions of the Apple App Store and Google Play.
  2. The User may transfer a copy of the Application to another of their own devices within the same store account.
  3. The Licence expires automatically if the Application is permanently uninstalled or if the Service Provider terminates the Licence due to a gross breach of the Terms.

5. Intellectual property rights

The Content and the source code of the Application constitute the intellectual property of the Service Provider or its licensors. Use of the Content beyond the scope of permitted personal use requires the written consent of the Service Provider.

6. Freemium model and Paywall

  1. For each Route, the first two Points, together with the Stories assigned to them, are available free of charge.
  2. Unlocking further Points or other features requires a Payment.
  3. Unlocking a Route provides access to it for 90 days from the date of purchase on the store account from which the Payment was made.
  4. Prices may change; however, previously purchased Content remains available at no additional cost.

7. Payments, refunds and legal guarantee

  1. Payments are processed exclusively through the Apple App Store and Google Play.
  2. Google Play: the User may cancel a purchase in the app within 15 minutes or via the Google console within 48 hours.
  3. Apple App Store: the right to withdraw from the contract within 14 days is exercised via the “Report a Problem” function. The right expires once the User starts using the Content.
  4. Complaints and legal guarantee (liability for lack of conformity): the Service Provider is liable for the conformity of the Content with the contract for 2 years from purchase. In the event of a digital defect, the User may demand an update, a price reduction and, in the case of a material lack of conformity, withdrawal from the contract.
  5. The Service Provider provides free security updates and significant fixes for the conformity period specified above.

8. Liability of the Service Provider

  1. The Content is informative and of a popular-science nature; the Service Provider does not guarantee that it is historically error-free.
  2. The Service Provider is not liable for: a) the device’s failure to meet the Technical Requirements; b) GPS accuracy (typical deviation ±10 m; it may be greater in densely built-up areas) or data transmission costs; c) technical or maintenance interruptions, or interruptions resulting from force majeure.
  3. Force majeure: the Parties are released from liability for non-performance of the contract caused by extraordinary events beyond their reasonable control.
  4. The Service Provider’s liability is limited to damage caused by wilful misconduct or gross negligence and does not exceed the fee paid by the User for the given Route.

9. Technical requirements

  1. A device running iOS 15 or Android 8.0 (or later).
  2. Active internet access and enabled GPS services.
  3. Continuous use of GPS in the background may significantly reduce battery life.
  4. For optimal safety, headphones with “Transparency”/“Ambient” mode are recommended.

10. Personal data protection

The rules for processing Users’ personal data and detailed information on the rights Users have under the GDPR are set out in the Privacy Policy, which forms an integral part of these Terms. Requests relating to the exercise of these rights may be sent to the e-mail address indicated in the Privacy Policy.

11. Amendments to the Terms

  1. The Service Provider may amend the Terms with 14 days’ notice (this does not apply to technical changes that do not worsen the conditions).
  2. Information about the amendments will appear in the Application; continued use after that date constitutes acceptance.
  3. The User may terminate the contract at any time by uninstalling the Application.

12. Reviews and User Content

  1. The User may publish opinions, reviews or other User Content (hereinafter: “Reviews”) in the places designated for this purpose in the Application or on the Service Provider’s website.
  2. By publishing a Review, the User represents that: a) they have direct experience of the service, Route or Point to which the Review relates; b) the Review does not contain profanity or offensive, racist, sexist, homophobic or xenophobic content, or any other hate speech; c) the Review does not contain content that discriminates on the grounds of religion, race, sex, nationality, age, marital status, sexual orientation or disability; d) the Review does not refer to unlawful activity or encourage breaking the law; e) in the case of a negative Review, the User is not in any way connected with a competing entity; f) the Review does not contain pronouncements on the lawfulness of the actions of other persons or entities; g) the Review does not contain false or misleading statements; h) the User does not organise or coordinate a campaign aimed at the mass posting of Reviews with a particular tone.
  3. The Service Provider may, at its own discretion, accept, reject, hide or remove any Review, without any obligation to give prior notice or reasons. The Service Provider is under no obligation to moderate Reviews, and their content does not reflect the views of the Service Provider or its partners.
  4. The Service Provider is not liable for any claims, damage or losses arising from Reviews posted by Users.
  5. By publishing a Review, the User grants the Service Provider a non-exclusive, royalty-free, perpetual, transferable and sublicensable licence to record, reproduce, modify, translate, distribute, publicly display and publicly perform the Review in any media worldwide.

13. Final provisions

  1. The Terms are governed by Polish law.
  2. The Parties will seek to resolve disputes amicably; if no agreement is reached, the common court competent under the applicable provisions has jurisdiction.
  3. Severability: the invalidity of one provision does not affect the validity of the remaining provisions.
  4. Entire agreement: the Terms and the Privacy Policy constitute the entire agreement between the Parties.
  5. Assignment: the transfer of rights under the contract requires the written consent of the Service Provider.
  6. EU ODR platform (online dispute resolution): https://ec.europa.eu/consumers/odr/
  7. In Poland, the User may also seek assistance from the Trade Inspection (Inspekcja Handlowa, www.uokik.gov.pl).