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Legal

Terms of Service

Effective: February 16, 2026

1. Definitions

  1. Account — the account maintained by the Provider, where the Client uses the software provided by the Provider to contact individuals and businesses, enabling ongoing communication in the form of messages, using various market software, including, but not limited to, WhatsApp owned by WhatsApp LLC, the primary means for accessing the Services on the Website and/or the Application and/or Application by using a username and password.
  2. Application — an application, made accessible for the Client and the User by the Provider, which enables the use of the Services.
  3. CC — the Polish Civil Code of April 23, 1964 (consolidated text of June 9, 2022, Journal of Laws of 2022, item 1360 as amended).
  4. Client — an Entrepreneur concluding the Contract with the Provider.
  5. Contract — the agreement between the Provider and the Client for the use of the Services, consisting of the General Terms.
  6. Consumer Law — Polish Act On Consumer Rights of May 30, 2014 (consolidated text of January 28, 2020, Journal of Laws of 2020, item 287, as amended).
  7. Electronic Services — electronic services provided by the Provider via the Account, the Website and/or the Application under sec. 16. of the General Terms.
  8. Entrepreneur — a natural person, a legal person and an organizational unit that is not a legal person, which the law grants legal capacity, conducting business or professional activity on its own behalf, pursuant to art. 431 of CC.
  9. Force Majeure — any acts of war, terrorist acts, insurrection, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic, natural disaster, civil disorders, rebellions or revolutions or any similar event, which is unavoidable and not attributable to either Party.
  10. Fee — payment due to Provider for using the Services.
  11. General Terms — these General Terms and any future modifications thereof, published on the Website and/or the Application or made available to the Client otherwise in connection with the conclusion of the Contract and use of the Services.
  12. GDPR — 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 (General Data Protection Regulation).
  13. IP Rights — intellectual property rights, including copyrights and related rights, as well as the industrial property rights, related to the Services, Website and/or the Application or other data made available by the Provider to the Client under the Contract, which belongs entirely to the Provider.
  14. Party — either the Client and the Provider.
  15. Payment Institutions — entities, which provides payment services for the purposes relating to the Contract, which are indicated by the Provider on the Website and/or the Application and through which the Client can pay the Fee.
  16. Privacy Policy — Privacy Policy, a document regulating processing of Clients' and Users' personal data pursuant to GDPR, adopted by the Provider and published on Website and/or the Application.
  17. Provider — Flownally spółka z ograniczoną odpowiedzialnością, ul. Kard. Stefana Wyszyńskiego 138/6, 50-307 Wrocław, Poland, KRS 0001222080, NIP 8982329940, registered in the Register of Entrepreneurs of the National Court Register by the District Court in Wrocław Śródmieście in Wrocław, IV Commercial Division of the National Court Register under the number: 54394743700000, with a share capital of PLN 5.000.00, e-mail: contact@flownally.com
  18. Services — the services enabling the User real time conversation with a designated person, consisting in particular, but not limited to the transmission of vision and sound, carried out on the basis of the General Terms and Special Terms.
  19. Special Terms — detailed rules for the provision of the Services relating to individual Plans, which form an integral part of the General Terms and any future modifications thereof, published on the Website and/or the Application or made available to the Client otherwise in connection with the conclusion of the Contract and use of the Services.
  20. Sole Entrepreneur — an Entrepreneur concluding a Contract directly related to their business activity, where the content of the Contract indicates that it is not of a professional nature for that person, resulting in particular from the subject of their business activity.
  21. User — a natural person who use the Account and access the Services as the Client, being an Entrepreneur or acting on behalf of the Entrepreneur as his representative, employee or associate.
  22. Website — https://www.flownally.com/ — the Website of the Provider, which is used for the provision of Services.

2. General Provisions

  1. The General Terms regulate the rules of concluding the Contract, access to the Account and provision of the Services, as well as principles of cooperation between the Client and the Provider related to it.
  2. The General Terms apply to all Contracts concluded with all Clients in relation to the Services provided by the Provider.
  3. The Client shall read carefully the General Terms before the conclusion of the Contract.
  4. Upon conclusion of the Contract, it is assumed that the Client has read and accepted the General Terms in their entirety.
  5. The General Terms form a legally binding Contract between the Provider and the Client. Upon acceptance of the General Terms by the Client, a legally binding Contract is concluded between the Provider and the Client.
  6. The General Terms are available all the time on the Website and in the Application. The Client may read them at any time and in any place via the Website or the Application.

3. General Terms for Using the Services

  1. The Client is liable for introducing and obtaining User's consent to the General Terms and the Privacy Policy, prior to providing the Provider any personal data about the User and prior to usage of the Services with any User.
  2. The Client remains liable towards the Provider for any actions of the User related to the Account or Services. The Client shall ensure that any actions of the User will be compliant with the General Terms.
  3. Services are provided only to adult Users, i.e. beyond 18 years old, having full legal capacity. By accepting the General Terms, the Client states, that he/she meets this requirement and will assure, that all of the Users will also meet this requirement.
  4. The Contract may be concluded only with the Client, who has full legal capacity to conclude it, pursuant to provisions of CC and is an Entrepreneur. The Contract shall be signed by the person duly authorized to represent the Client and the Provider is entitled to request from the Client a document confirming such authorization any time. The Client may have different Accounts if abides the rules of this General Terms.
  5. The Services are provided on the basis of the Contract.
  6. The commencement of the provision of Services takes place only after the General Terms are accepted by the Client and after the payment of the Fee pursuant to sec. 6. of the General Terms.
  7. Regardless to the other provisions of the General Terms, the Contract is effective only after the Fee will be accepted by the Provider.
  8. The Services are provided for a Fee, which shall be paid by the Client pursuant to sec. 6. of the General Terms.
  9. The Services are provided only in English language. The Client is solely responsible for verifying the Users' ability to use the Services, in connection with their language skills.
  10. To use the Services, the User shall have the full access to the:
    1. personal computer, telephone, tablet or any other device, which has installed relevant operation system i.e. Windows, Mac, Android, IOS, with installed current drivers and required system updates, which provides possibility to use the Website and/or the Application, as well as the technical capability to connect to a person designated by the User to enable live conversation via audio and video transmission.
    2. stable Internet connection,
    3. the Facebook Account, i.e. the User shall have an active Facebook account,
    4. have at least a 1 phone number, which is used upon the Account,
    5. registered under the laws of the relevant jurisdiction phone number that handles voice calls and sms messages.
  11. The use of the Services may require the access of the User to the additional IT software or application indicated by the Provider (e.g., Jira, Confluence, Fliplet, Postman). In the above situation, the Provider shall make the required IT software or application available to the User and the User shall read, accept and apply the terms and conditions of such IT software or application.
  12. The Provider indicates that each use of the Services and Electronic Services is associated with potential threats, including identity theft (phishing) and passwords, spam, malware and spyware, and hacker attacks. To maintain security, it is recommended that the devices used by the Client and the User be equipped with an up-to-date anti-virus program and a firewall, and the programs used are updated on an ongoing basis.
  13. By accepting these General Terms, the Client and/or User acknowledges that he/she has been informed and agrees that in the performance of the Service or Electronic Service, Provider will use artificial intelligence (AI) or generative artificial intelligence (GAI) tools to the extent necessary for the performance of the Services. As part of the provision of the Service, the Client and the User are aware that, as part of the provision of the Service, artificial intelligence (AI) services may be used to provide various parts of the Service, including, but not limited to, summarizing conversations conducted by the User. The User, as well as the person with whom the conversation is conducted, hereby consents to this.
  14. The Services can be used via the Account.
  15. The Services can be used only by the User who is authorized to use the Account.
  16. The User undertakes to keep the log-in details a secret in such a way that they do not fall into the hands of any third parties. The Client is obliged to immediately notify the Provider:
    1. about any loss of log-in details,
    2. about any disclosure of log-in details,
    3. if the log-in details is disclosed intercepted by a third party,
    4. about any unauthorized or illegal use of the Account,
    5. if any third party gains access to the Account.
  17. In the events specified in sec. 3.16. above, the Provider is entitled to:
    1. block or restrict the access to the Account or the Services,
    2. allow the User to reset log-in details,
    3. take any other necessary measures.
  18. The Client and the User are fully liable for any activities done during usage of the Service.
  19. Other technical and special rules of performance of the Service are possible to be provided in the Application and/or the Website to which the Client will be compliant with and accepts them as an integral part of the Contract to be able to use the Service.

4. Application Phase

  1. To apply to use the Services, the Client:
    1. have an active Account,
    2. pay the Fee pursuant to sec. 6. of the General Terms,
    3. send a link to the designated person to connect to the current conversation and use the Service.
  2. By the way of usage of the Account the Provider will be provided with the data of the Client by the Client.
  3. The Client should select the option in the appropriate place in the user panel of the Account if they wish to use the Service. After the selection of that option, the Client will be redirected to the payment page where the Client shall pay for the Services.
  4. After completing the payment process, the Client will receive a payment confirmation and email with the information about access to the Services.
  5. The relevant obligations of the Provider indicated in the sec. 4.2. and 4.3. above may be performed by the Provider's service providers.

5. General Obligations of the Parties

  1. The Client and the User shall:
    1. use the Services and the Account pursuant to the provisions of the General Terms and applicable provisions of law;
    2. use the Services and the Account in a manner that will not infringe IP Rights,
    3. use the Services and the Account for their intended purpose only and for Client's or User's own personal or business use only,
    4. use the Services and the Account in compliance with the GDPR and any other relevant and applicable laws concerning personal data processing, especially but not limited to provision of the content only to the person or entity who has given its prior consent in the appropriate model or way (i.e. obligatory opt-in model) required by applicable law,
    5. not resell, distribute, record, copy, share, display or otherwise use the Services or any other data related to the Services or available through the Account or the Website and/or the Application, for any purposes which are inconsistent with the General Terms, especially for any other business, commercial, advertising or marketing purposes, other than the purposes resulting from the Contract,
    6. use the Account, the Services and the Website and/or the Application in a way that does not interfere with their functioning,
    7. refrain from taking actions that hinder or may hinder the use of the Account, the Services and the Website and/or the Application by other Clients,
    8. refrain from sending content which in any form, in any way could be considered offensive, vulgar, attacking, or in any way violating any rights of others persons, especially but not limited to pornographic content,
    9. not to disseminate illegal content via the Account, the Services or the Website and/or the Application, and not use the Services and the Account for any illegal activities, especially but not limited to sending any malware or spying software.
  2. The Provider shall provide the Services in accordance with the General Terms.
  3. By accepting these General Terms the Client represents, that it has performed all responsibilities required by the GDPR and any other relevant and applicable laws concerning personal data processing, for the use of the Services and the Account, in particular but not limited to obtaining all consents from any persons or entities for the provision of content to them and/or the processing of their personal data in the relevant model (i.e. obligatory opt-in model) required by applicable law. In the course of using the Service, the Client and/or User will only have access to a limited amount of any personal data, only needed to perform the Service properly, to which they agree by accepting of this General Terms.
  4. By accepting these General Terms the Client represents to use the Application strictly in accordance with the applicable WhatsApp Business Solution Terms, as well as all other applicable terms, guidelines, and policies.
  5. The Provider may demand from the Client a contractual penalty in the amount of 5,000 (five thousand) US dollars in the event of any violation of the sec. 5.1.d., 5.1.e., 5.1.h., 5.1.i. or 5.4. of the General Terms, as well as any damages exceeding the contractual penalty.

6. Payment

  1. The Services are provided for a Fee.
  2. The Service will be billed by the rules indicated in the Special Terms and price list mentioned in the sec. 6.3. of the General Terms. If the Fee for the next period of the subscription won't be paid on time, the provision of the Services is terminated.
  3. For the Services, the Client is obliged to pay the Fee provided by the Provider in the price list located at the following link: https://www.flownally.com/, which constitute an integral part of the Contract.
  4. The Client should select the option in the appropriate place in the user panel of the Account if they wish to use the Service. After the selection of that option, the Client will be redirected to the payment page where the Client shall pay for the Services. After completing the payment process, the Client will receive a payment confirmation and email with the information about access to the Services.
  5. Upon the payment of the Fee, the Client will be provided with the access to start to use the Services.
  6. The payment shall be made through the services of the Payment Institution, where the Client will be redirected. The payment of the Fee may be made by all of the any means foreseen by the Provider and made possible by the payment system made available to the Client, especially but not limited to the single payment of the Fee, recurring payment of the Fee under a subscription model resulting from the Plan, payment of a specific amount of funds covering the Fee in advance, which is reduced by each subsequent Service rendered to the Client.
  7. The payment services provided to the Clients by the Payment Institutions, are not a subject of the General Terms and the Provider is not liable for them. The terms of services of the relevant Payment Institution shall be accepted by the Client and thus apply.
  8. As long as the Fee is not paid in full by the Client, the Provider is not obliged to provide any Services. The Provider may suspend all his actions under the Contract until receipt of the Fee paid in full.
  9. The relevant obligations of the Provider concerning processing and settling of the Fee, described especially but not limited to in the sec. 6. of the General Terms, may be performed by the Provider's service provider and the Client agrees to it.

7. Quality and Availability of Services

  1. The Provider shall make best efforts to provide the Services in an uninterrupted manner, however the Client acknowledges that the provision of Services may be interrupted in the case of:
    1. maintenance, service, repair and other works that cover the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services,
    2. occurrence of any failures or disturbances in the IT infrastructure, including Internet connection, servers, Website and/or the Application, software, computers or other devices, used by the Provider to provide the Services.
  2. The Provider is not liable for User's unavailability to use the Services and for any interruptions deriving from the User's IT infrastructure, including Internet connection, software, computers or other devices, used by the User to use the Services.
  3. The Services may be unavailable due to reasons specified in sec. 7.1.a. and 7.1.b. above for a certain period of time. In case if:
    1. the works specified in sec. 7.1.a. above are planned — the Provider shall notify the User at least 2 (two) calendar days in advance via e-mail,
    2. the works specified in sec. 7.1.a. above are unplanned, but it is necessary to implement them immediately — the Provider shall notify the Client about them as soon as possible.
  4. The Client agrees and confirms that the content, format, and schedule of the Services may change from time to time (primarily possible changes in the format of study and the content of the Courses, as well as schedule) and this will not be considered a breach of the Contract by the Provider.
  5. The Provider does not grant a guarantee regarding the Services.

8. Intellectual Property Rights

  1. The IP Rights are the ownership of the Provider to the full extent. The Provider is the owner of all IP Rights created during the performance of the Contract.
  2. Nothing in the General Terms should be read as transferring or licensing to the Client or to the User any IP Rights, unless expressly stated herein.
  3. In the scope exceeding the consent specified in sec. 8.3. above, any use of IP Rights is not allowed, unless the Provider grants a separate, additional consent expressed in writing under pain of nullity.
  4. The Client and the User may not use IP Rights or any other content relating to the Website and/or the Application or Services for any business, commercial, advertising or any other purposes, which are not consisted with the General Terms. In particular the Client and the User shall not resell, rent, lease, disclose, distribute, publish, record, copy, make available to third parties or otherwise use or exploit IP Rights or any other content relating to the Website and/or the Application or Services.
  5. The Client and the User shall not alter or modify IP Rights or any other content relating to the Website and/or the Application or the Services, remove any copyright notices or make them available to any third persons anyhow.
  6. The Client shall not to make the Website and/or the Application, the Account or the Services accessible for anyone else besides the User.
  7. The Client and/or the User represents and warrants that any data, materials, or content provided or entered by them in connection with the Services is submitted in accordance with their rights under applicable copyright, industrial property, and other intellectual property laws, and hereby grants the Provider a non-exclusive, unlimited in time and territory license to use, reproduce, modify, adapt, process, transmit, publish, display, and otherwise exploit such data, materials, or content to the extent necessary for the Provider to perform the Services, including, without limitation, recording or storing on any medium, reproducing by any technique, publicly performing or displaying, distributing (including via the Internet or any telecommunication, digital, or wireless networks), lending or making available to third parties, creating translations or foreign-language versions, uploading to computer memory or the Internet, use on websites, incorporation into multimedia works, use for promotional or marketing purposes, public access for non-commercial purposes in any quantity, and any other fields of exploitation consistent with the nature and purpose of the data, materials, or content, with the license becoming effective upon payment of any fees due to the Provider for the Services.
  8. Any violation of this sec. 8. shall be considered a material breach of the Contract, in which case the Provider may use the legal remedies stipulated in sec. 10. below towards the Client.
  9. The Provider may also demand from the Client a contractual penalty in the amount of 5,000 (five thousand) US dollars in the event of any breach of IP Rights or making a false statement in sec. 8.8. above, as well as any damages exceeding the contractual penalty.
  10. This sec. 8. shall survive the termination of the Contract, regardless of the reason thereof.

9. Personal Data

  1. The Provider processes the Client's and User's personal data as described in the Provider's Privacy Policy.

11. Liability of the Provider

  1. The Provider's liability is towards the Client only. The Provider is not liable for causing any damages to any third parties in relation to providing the Services.
  2. The Provider is not liable for any damages suffered by the Client or the User because of the Provider's use of its legal remedies specified in sec. 10. of the General Terms.
  3. The Provider is not liable for the interruption or unavailability of Services in the cases specified in sec. 7. of the General Terms.
  4. The Provider's liability towards the Client is limited to the following scope:
    1. the Provider is not liable for any damages caused to the Client, including in particular the loss, lost revenue, profit or data, except for damages caused intentionally by the Provider to the Client,
    2. if the Provider is liable for damages pursuant to sec. 11.4.a. above, the Provider's liability is limited to the total amount of the Fees paid by the Client to the Provider during last the 3 (three) calendar months prior to the event causing the Provider's liability.
  5. The liability of the Provider towards the Client under the warranty for any defects in the Services is entirely excluded.

12. Force Majeure

  1. If either Party is prevented, hindered or delayed from performing its obligations under the Contract by reason of Force Majeure, failure to perform any obligations under the Contract shall not be deemed a breach of or default under the Contract and neither party shall be liable to the other therefore.
  2. The Party affected by the Force Majeure shall immediately inform the other Party about the Force Majeure and provide the information about the expected duration of the Force Majeure and the expected date of return to performance of the Contract, if that is possible. After the expiration of the Force Majeure, the Party affected by the Force Majeure shall immediately inform the other Party about it and shall immediately start perform the Agreement.
  3. During the Force Majeure the Party affected by the Force Majeure shall make efforts to minimize the effects of the Force Majeure, secure the interests of the other Party and regain the possibility of full performance of the Contract, as much as it will be reasonably possible.

13. Validity of the Contract

  1. The Contract is concluded upon acceptance of the General Terms for a definite period covering the duration of the performance of the Service under the Contract.
  2. Each Party has the right to terminate the Contract only for the following valid reasons:
    1. in case of breach of the Contract by the other Party, if the breach has not been cured within 7 (seven) calendar days from the receipt of the notice from the non-breaching Party, as specified in 13.3. below,
    2. in case of material breach of the Contract by the other Party, pursuant to 13.7. below.
  3. In case specified in sec. 13.2.a. the non-breaching Party shall send a notice to the breaching Party requesting the cessation of breaching the Contract and restoration of the state compliant with the law. If the breach has not been cured within 7 (seven) calendar days from the receipt of the above notice, the non-breaching Party may terminate the Contract with notice period of 7 (seven) calendar days. The above-mentioned notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity. In the event of a Force Majeure, the deadline for remedying and rectifying the breach of Contract in the described scope shall be suspended until the effects of the Force Majeure event have ceased. In the situation of interruption of the Service due to the fault of the Provider, the time during which the Client cannot use the Account and the Services will not be counted towards the duration of the Plan. However, the hereby stated rules does not limit the Provider's ability to take actions necessary to remove the breach made by the Client or its effects on its own immediately, if it is possible.
  4. In case specified in sec. 13.2.b. the non-breaching Party may terminate the Contract with immediate effect.
  5. The termination notice shall be made in writing or in documentary (e-mail) form, under the pain of nullity.
  6. In reference to sec. 13.2.b. and 13.4. above, the material breach of the Contract by the Provider is considered as not making available the Account to the Client for the period of time of at least 14 calendar days, which results in the Client's inability to use the Services in line with the obtained Plan.
  7. In reference to sec. 13.2.b. and 13.4. above, the material breach by the Client is considered as:
    1. the User and/or the Client infringing the IP Rights of the Provider,
    2. the User not fulfilling the conditions necessary for using the Services, that are described on the Website and/or the Application;
    3. the User behaving maliciously and/or unethically when using the Services;
    4. the User and/or the Client damaging the reputation of the Provider;
    5. the User and/or the Client breaching provision of sec. 5.1. of the General Terms and/or providing a false statement concerning the issue stipulated in sec. 3. of the General Terms,
    6. any other important breach by the User and/or the Client, which makes it impossible for the Provider to continue the provisions of the Services.
  8. If the Contract is terminated by the Client because of breach by the Provider, the Client may request a proportional refund of the Fee.
  9. In case of the Client's breach of the Contract or in the case of the termination of the Contract by the Provider, the Provider may use the appropriate remedies pursuant to sec. 10. of the General Terms.

14. Right of Withdrawal of the Sole Entrepreneur

  1. The Sole Entrepreneur may withdraw from the Contract within 14 days without giving any reason and without incurring costs under the provisions of the Consumer Law. To meet the above deadline, it is enough to send a declaration before its expiry.
  2. The Sole Entrepreneur may withdraw from the Contract by submitting a declaration of withdrawal from the Contract to the Provider. The declaration of withdrawal can be submitted using the below template:

    Template of the Sole Entrepreneur's declaration of withdrawal from the Contract:

    • Addressee: Flownally spółka z ograniczoną odpowiedzialnością, ul. Kard. Stefana Wyszyńskiego 138/6, 50-307 Wrocław, Poland
    • I hereby give notice of my withdrawal from the Contract regarding ....
    • Date of the Contract: ......
    • Name, surname and NIP/TIN/REGON No. of the Sole Entrepreneur: .....
    • Address of the Sole Entrepreneur: ........
    • Signature of the Sole Entrepreneur: ......... (only if the form is sent on paper)
    • Date: .........
  1. The declaration of withdrawal shall be submitted in written form to the following address: Flownally spółka z ograniczoną odpowiedzialnością, ul. Kard. Stefana Wyszyńskiego 138/6, 50-307 Wrocław, Poland or by e-mail to the following e-mail address: contact@flownally.com.
  2. The Provider shall immediately send to the Sole Entrepreneur on a durable medium a confirmation of receipt of the Sole Entrepreneur's declaration of withdrawal from the Contract submitted electronically.
  3. In the event of the Sole Entrepreneur's withdrawal from the Contract, the Contract is considered not concluded. If the Sole Entrepreneur made a declaration of withdrawal from the Contract before the Provider accepted his offer, the offer ceases to be binding.
  4. The Provider is obliged to immediately, not later than within 14 days from the date of receipt of the Sole Entrepreneur's declaration of withdrawal from the Contract, refund to the Sole Entrepreneur all payments made by him. The Provider refunds the payment using the same method of payment as used by the Sole Entrepreneur, unless the Sole Entrepreneur has expressly agreed to a different method of refund, which does not involve any costs for him.
  5. From the date of receipt of the Sole Entrepreneur's declaration of withdrawal from the Contract, the Provider shall not use content other than personal data provided or generated by the Sole Entrepreneur when using the Services provided by the Provider, with the exception of content that:
    1. they are useful only in connection with the Services that were the subject of the Contract,
    2. relate only to the Sole Entrepreneur's activity while using the Services provided by the Provider,
    3. have been combined by the Provider with other data and cannot be separated from them or can be separated only with disproportionate efforts,
    4. they were created by the Sole Entrepreneur together with other Sole Entrepreneurs who can still use them.
  6. With the exception of the cases referred to in sec. 14.7. points 14.7.a.-14.7.d., the Provider, at the request of the Sole Entrepreneur, provides him with content other than personal data that was provided or created by the Sole Entrepreneur when using the digital content or digital service provided by the Provider.
  7. The Sole Entrepreneur has the right to recover digital content from the Sole Entrepreneur free of charge, without hindrance from the Provider, within a reasonable period of time and in a commonly used, machine-readable format.
  8. In the event of withdrawal from the Contract, the Provider may prevent the Sole Entrepreneur from further use of the Services, in particular by preventing the Sole Entrepreneur from accessing the Services or blocking the Account. This provision does not affect the Sole Entrepreneur's rights referred to in sec. 14.8. above.
  9. In the event of withdrawal from the Contract, the Sole Entrepreneur is obliged to stop using the Services and making it available to third parties.
  10. The Sole Entrepreneur does not bear the costs of providing digital content by the Provider that is not recorded on a tangible medium, if:
    1. the Sole Entrepreneur did not consent to the performance of the Services before the expiry of the period referred to in sec. 14.1. above, or
    2. the Sole Entrepreneur was not informed about the loss of his right to withdraw from the Contract at the time of granting such consent, or
    3. the Provider has not provided to the Sole Entrepreneur the confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the applicable law.
  11. At the time of withdrawal by the Client from the Contract, the related additional agreements concluded by the Sole Entrepreneur expire, if on their basis the Services are provided by the Provider or a third party under an agreement with the Provider. The Sole Entrepreneur does not bear the costs associated with the expiry of these agreements. If the additional agreement has been concluded with a third party, the Provider informs that person about the Sole Entrepreneur's withdrawal from the Contract.
  12. The right to withdraw from the Contract is not entitled to the Sole Entrepreneur only in the cases specified in the provisions of the Consumer Law. In particular, pursuant to art. 38 sec. 1 point 13) of the Consumer Law, the right to withdraw from the Contract is not entitled to the Sole Entrepreneur in relation to Contract for the supply of digital content not delivered on a tangible medium, for which the Sole Entrepreneur is obliged to pay the price, if the Provider has started to provide Services upon express and prior consent of the Sole Entrepreneur, who was informed before the commencement of the provision of Services that after the provision of the Services by the Provider, he would lose the right to withdraw from the Contract, and acknowledged this, and the Provider provided the Sole Entrepreneur with confirmation of the conclusion of the Contract on a durable medium within a reasonable time after its conclusion, before the commencement of the provision of Services, pursuant to the provisions of the Consumer Law. By accepting these General Terms, the Sole Entrepreneur declares that he/she was informed prior to the commencement of performance of the Service, that will lose the right to withdraw from the contract after performance of the Service by the Entrepreneur.
  13. If the Provider has not provided the Services, the Sole Entrepreneur calls on him to provide them. If the Provider fails to provide the Services immediately or within an additional period expressly agreed upon by the Parties, the Sole Entrepreneur may withdraw from the Contract. In addition, the Sole Entrepreneur may withdraw from the Contract without requesting the provision of Services if:
    1. it is clear from the Provider's statement or circumstances that it will not provide the Services or
    2. the Sole Entrepreneur and the Provider have agreed or the circumstances of the conclusion of the Contract clearly show that the specified date of provision of the Services was of significant importance to the Sole Entrepreneur, and the Provider did not provided them within this period.

15. Complaints and Resolution of Disputes

  1. Any complaints regarding the Services shall be submitted in written form to the following address: Flownally spółka z ograniczoną odpowiedzialnością, ul. Kard. Stefana Wyszyńskiego 138/6, 50-307 Wrocław, Republic of Poland or by e-mail to the following e-mail address: contact@flownally.com.
  2. The Provider indicate the contact point for any communication sent to the Provider or any other entity or person under the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) in the form of the e-mail communication provided to the following e-mail address: contact@flownally.com.
  3. Any person or any entity may report the occurrence of illegal content or the content provided not in line with this General Terms, provided by the Service by e-mail contact to the following e-mail address: contact@flownally.com. The application should state:
    1. a sufficiently substantiated explanation of the reasons why the person or entity in question alleges that the relevant information constitutes illegal content or content that does not comply with the regulations;
    2. the exact URL or URLs, and, if applicable, additional information to identify the illegal content, according to the type of content and the specific type of hosting service;
    3. the name and e-mail address of the person or entity making the report, except for a report on information deemed to be related to one of the crimes referred to in Articles 3-7 of Directive 2011/93/EU;
    4. a statement confirming the bona fide belief of the person or entity making the report that the information and allegations contained therein are correct and complete.

    If the notification contains electronic contact information of the person or entity that made the notification, the hosting provider shall without undue delay send such person or entity an acknowledgement of receipt of the notification.

  4. The Provider shall provide clear and specific justification to all affected service recipients with respect to the following restrictions imposed due to the fact that the information provided by the service recipient constitutes illegal content or is inconsistent with the General Terms:
    1. restrictions on the visibility of certain information provided by the service provider, including removing content, preventing access to content, or deposition of content;
    2. suspension, termination or other restriction of monetary payments;
    3. suspension or termination of the service in whole or in part;
    4. suspension or termination of the service recipient's account.
  5. The possibility indicated in the sec. 15.4. of the General Terms shall apply only if the Provider knows the relevant electronic contact information of the recipient. It shall apply no later than from the date of imposition of the restriction, regardless of the reason and manner of imposition. It shall not apply if the information is misleading commercial content of a large volume.
  6. The justification referred to in the sec. 15.4. of the General Terms shall contain at least the following information:
    1. an indication of whether the decision includes the removal of the information, the prevention of access to it, the deposition or restriction of the visibility of the information, or the suspension or termination of monetary payments relating to such information, or imposes other measures referred to in the sec. 15.4. of the General Terms with respect to the information, and, where applicable, the territorial scope of the decision and its duration;
    2. the facts and circumstances on the basis of which the decision was made, including, where applicable, information on whether the decision was made on the basis of the notification made upon the sec. 15.3. of the General Terms or on the basis of voluntary verification activities conducted on one's own initiative, and, where absolutely necessary, the identity of the notifier;
    3. where applicable, information on the use of automated means in making the decision, including information on whether the decision was made with respect to content detected or identified by automated means;
    4. if the decision relates to potentially illegal content, an indication of the legal basis on which the decision is based and an explanation of why the information in question is considered illegal content on that basis;
    5. if the decision is based on the alleged incompatibility of the information with the hosting provider's terms of service, an indication of the contractual basis on which the decision is based and an explanation of the reasons why the information in question is considered incompatible with that basis;
    6. clear and user-friendly information on the options available to the recipient of the service to appeal the decision, in particular, where appropriate, through internal complaint mechanisms, out-of-court dispute resolution and judicial remedies.
  7. The Client's complaint shall be considered by the Provider within 14 days from the date of receipt of the complete complaint notification. The Client will be notified immediately of any deficiencies in the complaint. Along with such a notification, the Client will be sent information on how to supplement the deficiencies in the complaint.

16. Electronic Services

  1. The Provider enables the use of Electronic Services via the Account or the Website and/or the Application, including:
    1. browsing the information posted on the Website and/or the Application, including offers of available Services and Plans,
    2. keeping an Account,
    3. information services (newsletter).
  2. Electronic Services are provided by the Provider 24 hours a day, 7 days a week.
  3. Electronic Services are services provided electronically within the meaning of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) and implemented in accordance with the law. In matters not covered by the General Terms, the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended) shall apply.
  4. The contract for the provision of Electronic Services referred to in the sec. 16.1.a. above is concluded when the Client starts using the Website and/or the Application to the appropriate extent, and is terminated when the Client leaves the Website and/or the Application. The above-mentioned Electronic Services are provided free of charge.
  5. The contract for the provision of Electronic Services consisting in keeping an Account (16.1.b.) is concluded upon effective registration of the Account, in accordance with the provisions of the General Terms.
  6. Electronic Services consisting in keeping an Account are provided only during the term of the Contract. The expiry of the Contract on the terms provided for in the General Terms results in the expiry of the obligation to provide this Electronic Service. The above Electronic Service may be suspended, limited or disabled (blocked) on the terms provided for in the provisions of the General Terms.
  7. As part of the Account, Provider enables Clients and Users, in particular:
    1. access to information on available or pending Plans,
    2. access to Fee payment history,
    3. access to the conversation history executed upon the Services,
    4. management of the Client's and User's data assigned to the Account, including the possibility of supplementing and editing this data.
  8. The Electronic Service consisting in the chat service consists in enabling the Client or User to contact the Provider by means of a message sent via the chat located on the Website and/or the Application. The chat message initiates a "live" conversation with consultant on the Provider's side, in the case and scope of its availability. The chat is used to ask questions about the Services or Account. Chat functionalities allow you to identify a specific person and link them to other recorded activity on the Account, which allows you to customize the offer and provide professional service.
  9. If the Client has agreed to receive commercial/marketing information by selecting the appropriate option on the Website and/or the Application or Account or in any other way, it means that the Provider will provide the Client with an Electronic Service free of charge in the form of a newsletter service, consisting in sending commercial information, in particular regarding goods, services or other benefits offered by the Provider by means of communication selected by the Client, e.g. to the e-mail address provided by the Client or via SMS/MMS. The Client may at any time withdraw consent to receive commercial information on the terms set out in the Privacy Policy, which will result in resignation from the newsletter service. Withdrawal of consent does not affect the lawfulness of data processing before its withdrawal.
  10. The Provider has the right to organize occasional competitions and promotions, the terms and conditions of which will be published on the Website and/or the Application each time. Promotions cannot be combined, unless the regulations of a given promotion provide otherwise.
  11. Complaints regarding Electronic Services provided by the Provider may be submitted in electronic form to the Provider's e-mail address: contact@flownally.com. The Provider will consider the complaint immediately, but not later than within 14 days from the date of receipt of the complaint and will reply to it by e-mail within this period.

17. Applicable Law and Dispute Resolution

  1. The Contract shall be construed with and governed by the laws of the Republic of Poland, unless otherwise provided by applicable law.
  2. All disputes between the Provider and the Client shall be resolved by the local court competent due to the registered seat of the Provider, unless otherwise provided by applicable law.

18. Modifications of General Terms

  1. The introduction of changes to the General Terms by the Provider is acceptable if such a need arises from changes in the rules for the provision of Services or Electronic Services, or changes of an organizational nature regarding the Provider.
  2. The amendments introduced to the General Terms shall be disclosed to the Clients through the Website and/or the Application, Account or via e-mail correspondence.
  3. Before accepting the General Terms, the Client shall always review the current version of the General Terms.
  4. Introduction of the amendments to the General Terms shall not affect any concluded Contracts and Services in progress, unless otherwise provided by applicable law or accepted by both Parties.
  5. The Client will be notified of any amendments made to the General Terms and the amended General Terms will be effective upon their disclosure and acceptance by the Client. Continuing to use the Services after the amended General Terms become disclosed, constitutes a binding acceptance of the Client of such amendments.

19. Communication

  1. The Parties will communicate via e-mail contact@flownally.com or chat.
  2. If any information systems are made available to the Client and/or the User (e.g., Jira, Confluence), the Parties may also communicate via those information systems.

20. Final Provisions of General Terms

  1. The language of the General Terms is English.
  2. The Client may not transfer any rights or obligations under the Contract to another person or entity without the prior consent of the other Party expressed in writing under pain of nullity. The Provider is entitled, and the Customer, by entering into the Contract, agrees to this, to transfer all rights and obligations under the Contract to another entity belonging to its capital group or the capital group of its shareholders.
  3. If any provision of the General Terms is or becomes invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions in any way. In the above situation, the invalid or ineffective provisions shall be replaced by the provisions of applicable law.