Terms of service
§ 1 Definitions
Application – a mobile application enabling the User to manage their account and providing access to their billing data.
Price List – a list of fees for services provided by the Companies, as well as a list of charges applicable to the User in cases specified in the Terms and Conditions (in particular in §7 and §10) and in the Agreements.
Account – an account created by the User in the Service for the purpose of using the Service.
Login – a unique User identifier within the Service, consisting of a combination of the User’s email address and mobile phone number.
Partner – an entity conducting business activity consisting in intermediating in obtaining transport orders for persons or goods, or food/grocery delivery orders via mobile applications provided to users, in particular: Uber, Bolt, Free Now, Glovo, and others.
Vehicle – a car, scooter, moped, bicycle, or electric scooter used by the User to perform transport of persons or goods or delivery of food/groceries based on orders from Partners obtained via their mobile applications.
Terms and Conditions – this document together with any annexes and addenda explicitly referring to it, constituting terms and conditions within the meaning of the Act of 12 July 2024 on Electronic Communications Law. The Terms and Conditions in a single PDF document are always available in their current version for download at https://join.eter.app.
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, OJ EU L.2016.119.1 of 04.05.2016).
Service – the website operating at https://join.eter.app.
Companies / Company – companies within the Eternis capital group, depending on context: Eter Poland sp. z o.o. (Warsaw), Eter Partner sp. z o.o. (Warsaw), Eter Jobs sp. z o.o. (Warsaw), Eter Rental sp. z o.o. (Warsaw), Eter Fleet sp. z o.o. (Warsaw), Beter sp. z o.o. (Warsaw), Eternis sp. z o.o. (Warsaw), Eternis sp. z o.o. sp. k. (Warsaw), Eternis Finance Sp. z o.o. (Warsaw), PartnerTaxi sp. z o.o. (Warsaw).
Account Service Agreement – an agreement concluded between the User and Eter Connect Sp. z o.o., with its registered office in Warsaw, Aleja Niepodległości 18, 02-653 Warsaw, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000858523, NIP: 5223189244, for the provision of services under the terms set out in the Terms and Conditions, concluded upon creation of an account in the Service.
Agreements – agreements concluded via the Service:
Driver-to-Company Rental Agreement – an agreement between the Company and a User who is a natural person not conducting business activity, the subject of which is the rental or lease of a Vehicle owned by the User to the Company, under the terms set out in the Agreement and the Terms and Conditions.
Company-to-Driver Rental Agreement – an agreement between the Company and a User who is a natural person conducting or not conducting business activity, the subject of which is the rental of a Vehicle by the Company to the User for the purpose of performing, personally, transport of persons or goods or delivery of food/groceries based on orders from the Company’s Partners obtained via mobile applications.
Mandate Agreement – an agreement between the Company and a User who is a natural person not conducting business activity, under which the Company commissions and the User undertakes to personally perform transport of persons or goods or delivery of food/groceries based on orders from the Company’s Partners obtained via mobile applications.
B2B Agreement – an agreement between the Company and a User who is an entrepreneur, under which the Company commissions and the User undertakes to perform, personally or through appointed persons, transport of persons or goods or delivery of food/groceries based on orders from the Company’s Partners obtained via mobile applications.
Agreement for Paid Services – an agreement between the Company providing additional services and the User, under which the User pays for additional services in accordance with the Price List, as specified in detail therein, provided by the Company.
13. Service Provider – Eter Connect sp. z o.o., with its registered office in Warsaw, Aleja Niepodległości 18, 02-653 Warsaw, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number 0000858523, NIP: 5223189244.
14. User – a natural person, legal person, or organisational unit without legal personality, using the Service and who has accepted the provisions of these Terms and Conditions.
§ 2
General Provisions
These Terms and Conditions define, among others:
the rules for the provision of services by the Service Provider,
the processing of Users’ personal data,
the procedure for submitting complaints.
The Service Provider provides in particular the following services:
creation and maintenance of Accounts in the Service,
enabling the conclusion of Agreements with the Companies,
enabling Users to submit documents related to the services provided and collected during their performance,
settlement of Users in respect of concluded Agreements.
The Service Provider provides services electronically within the meaning of the Act of 12 July 2024 on Electronic Communications Law (Journal of Laws of 2024, item 1221, as amended). The services are provided free of charge unless otherwise stated in the content of the Service or these Terms and Conditions.
Use of the Service is entirely voluntary. The User may at any time discontinue use of the Service and request deletion of their Account.
Before commencing use of the Services, the User is obliged to read and accept these Terms and Conditions.
The Service Provider shall not be liable for any issues in the functioning of the Service if they result from events which, despite the exercise of due diligence, could not have been foreseen or prevented by the Service Provider, or from force majeure events.
The User is obliged to comply with these Terms and Conditions.
These Terms and Conditions are made available to Users free of charge via the Service in a form that allows them to be downloaded, stored, and printed.
An agreement for paid services provided via the Service is concluded at the moment the User makes the first payment to the Company in the amount and manner specified in the Price List.
§ 3
Technical Requirements for Using the Services
In order to properly and fully use the Service, the User should have:
a) a device with access to the Internet;
b) an up-to-date web browser;
c) a mobile phone or computer.
The Service Provider does not charge any fees for using the Service. Fees may be charged in connection with the use of other services described in these Terms and Conditions.
Due to the need to establish an internet connection in order to use the Service, including in particular to download data from the Service, the internet service provider used by the User may charge data transmission fees in accordance with its price list. The Service Provider does not cover internet access costs incurred by the User.
Use of the Service may depend on enabling JavaScript scripts, consenting to the use of cookies, and disabling pop-up blockers and ad-blocking software.
§ 4
Provision of Services
The Service Provider undertakes to provide the services specified in §2(2) of these Terms and Conditions.
The service is activated after verification and confirmation of the data required to create an Account.
It is prohibited for the User to use the Service in a manner contrary to the law or good morals.
The individual features of the Account are the login and password. The User is responsible for keeping them confidential. In the event of their loss, the Service Provider shall not be liable for any resulting consequences. If the User forgets the password, the Service Provider will enable password reset via the “forgot password?” function.
The Service Provider reserves the right to:
temporarily disable the Service for expansion or maintenance purposes;
introduce occasional short technical interruptions in access to the Service;
inform Users about service disruptions or technical breaks via messages displayed in the Service;
discontinue the Service in accordance with §9 of these Terms and Conditions;
block Accounts, including their contents, after termination of the Agreement or in the event of unlawful activity or breach of applicable Agreements by the User.
The User is obliged to:
use the Service in accordance with applicable laws, good practices, and these Terms and Conditions, in particular by providing true and complete data during the order and service usage process, and by updating the data provided within the Account and within cooperation with the Companies in the event of any changes;
refrain from attempting to breach other Users’ passwords;
refrain from acting to the detriment of other Users.
§ 5
Account Registration in the Service
In order to create an Account in the Service, the User shall:
a) provide their email address and mobile phone number;
b) complete verification of the data indicated in point (a) above by entering the code received at the provided email address and mobile phone number.
§ 6
Conclusion of Agreements with the Companies and their Performance
The User may conclude Agreements with the Companies via the Service, as referred to in §1(12) of the Terms and Conditions.
In order to conclude the Agreements referred to in section 1 above, it is necessary to:
create an Account and register the User via the Service;
select the type of Agreement in the Service;
complete the data required to conclude the relevant type of Agreement;
upload photos of documents required to conclude the relevant Agreement. If the documents are prepared in a language other than Polish, the User is also obliged to upload translations of such documents into Polish;
confirm and accept the data submitted to the Service;
obtain the Company’s approval regarding the correctness of registration and the possibility of concluding the Agreement, it being understood that the Company does not verify the accuracy of the data entered by the User, and the User is responsible for their correctness and compliance with factual circumstances and applicable law, and bears full liability in this respect, including civil and criminal liability;
review the information clause regarding the processing of personal data by the Company with which the Agreement is concluded;
generate the relevant Agreement for the purpose of reviewing its content and then signing it, if the terms are accepted.
The signature referred to in section 2(8) above may be made either by handwritten signature on a printed copy of the Agreement or electronically via the contract management platform Spotdraft, subject to agreements which, under applicable law, require a handwritten signature. If the Agreement is signed by hand, it must be delivered by the User to the Company’s office. A scan of the handwritten signed Agreement may be uploaded to the Service by the Company.
The Agreement is concluded at the moment of signing by the User and by a person authorised to act on behalf of the Company.
§ 7
Submission of Documents and Settlement of Users after Conclusion of the Agreement
The Service Provider enables Users who have concluded an Agreement with a Company to:
submit data via the Service in the form of documents/costs incurred by the User in connection with the concluded Agreements;
verify the status of settlements between the User and the Company with which they are bound by Agreements.
Settlements under the Agreements are carried out in settlement periods selected by the User, i.e. daily, weekly, monthly, or quarterly periods.
Remuneration due to the User, the principles of which are specified in the relevant Agreements concluded by the User with the Company, is paid after the end of the settlement period.
Where the User’s remuneration must take into account Company costs, in particular those specified in the Price List or other due fees, such costs shall be taken into account when calculating the remuneration due to the User only if the User performs at least one action under the Agreement within a given week. The Companies are entitled to deduct from the User’s calculated remuneration any costs due to the Companies, as well as any public charges, costs due to the Partner, and other costs, in particular contractual penalties specified in the Price List, to which the User gives their irrevocable consent. If the value of the calculated remuneration is insufficient to cover the Companies’ costs or other required fees and charges, payment shall not be made for the given settlement period, and any uncovered costs and fees shall be deducted from the User’s subsequent remuneration in the next settlement period. If the User ceases to perform activities, no remuneration shall be accrued as a result.
5. The Companies are entitled to pursue any due costs and fees from the User, and the User shall pay them immediately upon the first request of the Company, and no later than within 7 days from the date of such request.
6. Payment of remuneration due to the User under the Agreements shall be made by transferring funds to the bank account indicated by the User in the Service (with a Polish IBAN number), or in cash at the Company’s cash desk (depending on the User’s choice and the permitted payment method depending on the type of Agreement concluded), subject to the fact that payments shall be made separately for each concluded Agreement.
7. The User agrees to the Companies’ unilateral right to:
a) increase the User’s remuneration under the Agreements, on a one-time, periodic, or permanent basis;
b) decrease or increase the costs and fees referred to in the Price List, on a one-time, periodic, or permanent basis.
8. The Service Provider is entitled to transfer all rights and obligations arising from the electronic services agreement to another entity. In the event of such transfer, the Service Provider shall inform the User of the change no later than within 3 days of its occurrence, indicating the entity to which the rights and obligations under the electronic services agreement have been transferred. Such a change does not require the User’s consent, and the User’s rights and obligations under the Agreements, these Terms and Conditions, and any other legal relationships between the Parties remain unchanged.
9. The User irrevocably authorises the Companies to deduct from their remuneration any amounts due to the Companies, as well as any amounts due to Partners, and any amounts required by law, including all public levies and taxes.
10. Companies holding taxi transport licences may be subject to penalties related to drivers’ failure to comply with regulations, in particular regarding the proper condition of the vehicle or missing up-to-date documentation. For each such confirmed case under the Agreement, the User shall reimburse the Company with which they concluded the Agreement for the amount of the fine paid, increased by a fee of PLN 1,000.00 (one thousand złoty). The reimbursement shall be made by deduction from amounts due to the User from the Company or upon the Company’s request, immediately, and no later than within 7 days from the request.
11. Each User who has concluded an Agreement performed using a Vehicle in the form of a car agrees to be subject to inspection by the Company with which they concluded the Agreement, regarding whether the vehicle contains a complete set of valid original documents required by the Company or applicable law (including, but not limited to: a licence excerpt, driver identification card, driving licence, valid medical certificate confirming no contraindications to performing the profession of driver, valid psychological clearance certificate, and any other documents required by the Company or law), as well as proper vehicle markings.
Such inspections shall be carried out at the place and time indicated by the Company, and information about the inspection shall be communicated to the User via email, telephone, or through the Service. The User is obliged to appear at the designated place and time with a complete set of documents, including the vehicle indicated in the licence extract provided to the User.
In the event of any irregularities, the Company is entitled to impose a contractual penalty on the User in the amount specified in the Price List for each confirmed irregularity. Such penalty may be imposed, in particular, in cases of:
performing passenger transport with a vehicle that does not have proper markings, including (where applicable) taxi markings required in a given city (e.g. taxi roof light, door stripes, taxi number, city emblem, or other markings required by local authorities),
failure to carry in the vehicle the original licence extract issued to the Company (where applicable),
failure to carry the driver identification card associated with the Company’s licence (where applicable),
failure to inform the Company of a change of vehicle within 7 days of such change,
failure to report events preventing the performance of the Agreement,
failure to report the expiry or loss of validity of documents or authorisations required to perform the Agreement.
12. Upon termination of a given Agreement, i.e. its termination or expiry, if the Company has provided the User with any documents or tools necessary for the performance of the Agreement, the User is obliged to return them, including (where applicable) the licence excerpt and driver identification card to the Company’s designated office on the date of termination of cooperation.
In any case where no ride has been performed for the Company within 3 (three) months, the return shall be made immediately upon the Company’s request, and no later than within 7 (seven) days from such request.
13. The User is obliged, within 3 (three) days after the end of a given settlement period, to settle with the Company the amount of cash received from customers. In the event of failure to do so, the Company is entitled to:
set off its obligations towards the User against the receivables arising from the cash amounts,
suspend the User’s ability to provide services via the Application.
14. The User is obliged to notify the Company of any changes to the data provided at the time of concluding the Agreement without delay, and no later than within 3 (three) days from the occurrence of such change. This also applies to situations where such changes affect the rules for calculating the User’s social security contributions (e.g. commencement/termination of employment; commencement/termination of studies; commencement/termination of cooperation under a mandate contract; acquisition/loss of entitlement to a pension or disability benefit) or income tax advances (e.g. reaching the age of 26).
15. The Company is entitled to terminate any of the Agreements entered into with the User with immediate effect, in particular with respect to Users who do not provide services through the Application or, while providing such services, do not earn sufficient compensation to cover the costs and fees owed to the Company or Partners, or other costs or fees related to the User’s actions or omissions, including public levies and other public-law obligations.
16. If the Company receives a report or information regarding criminal, civil, or administrative proceedings against a User in connection with services performed under the concluded Agreement—in particular, if there is suspicion of a breach of the User’s obligations under these Terms of Service or applicable law— the Company is entitled to request that the Service Provider suspend the User’s Account and, as a consequence, suspend the User’s ability to perform any of the concluded Agreements until the matter is clarified or the proceedings against the User are finally concluded. The User will be notified of the suspension of the Account and the suspension of the ability to fulfill any of the Agreements via the Website.
17. In the situation referred to in paragraph 16 above, the User is obligated to provide, upon each request by the Company, information and documentation necessary to clarify the matter.
18. If the User believes that the suspension was unjustified, the User is entitled to file an appeal with the Company within 7 (seven) days of receiving the notification via the Website. The Company will review the appeal within 14 (fourteen) days of its submission, and the outcome of the appeal may be: (i) the restoration of the User’s access to the Account and the ability to perform all or some of the Agreements; or (ii) the continuation of the suspension.
19. A User wishing to obtain any certificate related to the concluded Agreements, e.g., a certificate of payments made to the User by the Company, should submit a request to the Company via email.
20. If the User submits a request to the Company to generate the certificate referred to in paragraph 19 above, the Company will indicate in its reply the earliest date on which the relevant certificate will be issued, provided that the deadline set by the Company may not exceed 60 (sixty) days from the date of receipt of the User’s request.
21. The Companies are not road transport operators and, therefore, do not cover or reimburse the User for the costs of medical and psychological examinations. The Company does not provide electronic equipment for receiving and processing orders obtained by the User through the Partners’ applications.
§ 8
REIMBURSEMENT OF COSTS
When providing services based on orders received through Partners’ applications, using a Vehicle such as a car, scooter, bicycle, or kick scooter, the User, as a general rule, bears the costs associated with the Vehicle on their own, including operating costs and fuel or charging costs.
The User may be reimbursed for the costs referred to in paragraph 1, provided that: (i) the incurrence of these costs is documented by a properly issued VAT invoice in which the relevant Company with which the User entered into the Agreement is identified as the Purchaser, and its tax identification number (NIP) and the Vehicle’s registration number (if applicable); and (ii) it is demonstrated that the User has fully covered the costs in question by submitting proof of payment or by including the note “Paid in cash” on the VAT invoice — both conditions must be met cumulatively — subject to the proviso that the amount of the reimbursement will be reduced by any public levies and other costs that the Company is obligated to cover, or by amounts owed to the Company by the User, however, the Company reserves the right not to reimburse expenses in full if the amount of the expenses deviates significantly from the market rates (standards) generally prevailing in a given place and time, i.e., from the average costs incurred by other Users under similar circumstances.
The VAT invoices referred to in paragraph 2 shall be submitted by uploading a legible scan or photo of the invoice to the designated location on the Website and then sending it via the Website within 7 (seven) days from the date of purchase of the goods or services to which the VAT invoice relates.
If the conditions specified in paragraphs 2 and 3 (collectively) are met, the funds will be refunded to the User within 6 (six) months from the date on which all such conditions are met.
If the amount specified in paragraph 4 is refunded, the refund amount will be added to the User’s compensation due for the month in which the refund was made.
§ 9
Termination of Services
1. The Service Provider reserves the right to remove a User’s Account from the Website for valid reasons, in particular if the User fails to comply with the provisions of these Terms of Service, especially if:
1) there is reasonable suspicion that the User is using electronic services in a manner contrary to the law or public decency;
2) the User has made the Account available to third parties;
3) the User has violated any provision of any Agreement entered into with the Companies;
4) the User is performing any of the Agreements in a manner contrary to the law or public morals.
2. The Service Provider is also entitled to remove the User’s Account from the Website if:
a) The User has not logged into the Application for a period of 90 days since their last activity,
b) The User has not performed any Agreement concluded with the Companies for a period of 90 days since their last activity,
3. Before discontinuing the Service for the reasons described above, the Service Provider or the Company may, at its sole discretion, (though this is not an obligation of the Service Provider or the Company) request that the User cease and remedy any violations or irregularities and grant the User a reasonable period of time to do so, except in situations where the User has violated applicable laws in a manner that makes it impossible to grant such a period.
4. The deletion of a User’s Account from the Website constitutes immediate termination of all Agreements concluded between the Companies and the User and does not give rise to any liability on the part of the Service Provider or the Company toward the User.
5. If the Service Provider or the Company has issued a notice to the User in accordance with the procedure specified in paragraph 3, and the User fails to cease or remedy the violations or irregularities within the timeframe set by the Service Provider or the Company, the Account Service Agreement shall be terminated immediately, i.e., without notice, and the User’s Account on the Website shall be deleted at the same time. Agreements concluded between the Company or Companies and the User through the use of the Website shall be terminated in the same manner.
6. A User who has entered into an Account Service Agreement has the right to withdraw from the Agreement, which may be exercised within 14 (fourteen) days from the date of entering into the Account Service Agreement.
7. The right to withdraw from the Account Service Agreement is exercised by the User submitting a written statement of withdrawal from the Account Service Agreement. The written statement must contain at least the following elements:
a) the User’s identification;
b) the date;
c) a statement of withdrawal, e.g., with the following wording: “I (first and last name) hereby notify you of my withdrawal from the agreement for the use of the service (service name) on (date)” – or an equivalent statement.
8. By entering into a Contract for the provision of paid services, the User simultaneously requests that the service begin before the deadline for submitting a notice of withdrawal from the Contract. If a notice of withdrawal from the Agreement is submitted after the Company has begun providing the service in question, the User is not entitled to a refund for the service that has been performed in whole or in part.
§ 10
PRICING SCHEDULE
1. The Companies charge the fees and costs referred to below. The Companies distinguish between the following types of fees and costs: the Companies’ flat-rate costs and contractual penalties.
2. The User agrees to pay all amounts due in full, immediately after they are charged by the Companies, no later than within 7 (seven) days of the Company’s request for payment.
3. The User voluntarily and irrevocably consents to the setoff of any amounts due by the User against the compensation to which the User is entitled under the concluded Agreements, regardless of the type or basis of the claim.
4. If the contractual penalties do not cover the full amount of damages incurred by the Company, the Company is entitled to seek compensation from the User in the full amount—i.e., in excess of the contractual penalty—in accordance with general principles.
5. The Companies’ flat-rate costs during the billing period that affect the amount of the User’s remuneration include, in particular:
1) 49.90 PLN – related to the provision of Bolt, Freenow, Uber, iTaxi, Sawa Taxi, Bliq, and Eko Cars services, regardless of the number of services used (“taxi” apps)
2) 29.90 PLN related to the provision of services, provided that the User uses only one of the listed apps, namely: Uber Eats, BoltFood, Glovo, Wolt, Stuart, and Jush (“delivery” apps)
3) 49.90 PLN for service fees, provided the User uses two or more of the listed apps, namely: Uber Eats, BoltFood, Glovo, Wolt, Stuart (delivery apps)
4) 1% of turnover—related to the use of Bolt, Freenow, Uber, iTaxi, Sawa Taxi, and Bliq services, regardless of the number of services used (“taxi” apps)
The costs referred to in points 1–4 are calculated separately for “taxi” apps and “courier” apps, in accordance with the rules set forth above.
5) 100 PLN for service-related fees, provided that the User uses a taximeter with a cash register provided by the Company, or fails to provide receipts from a cash register used and registered with the Company,
6) costs of leasing the Vehicle from the Company under the terms specified in a separate Agreement,
7) 30 PLN for costs associated with responding to inquiries and requests concerning the User directed to the Company by any authorities, in particular administrative authorities, law enforcement agencies, or enforcement authorities, as well as to inquiries and requests submitted by the User,
8) 150 PLN for costs associated with responding to correspondence addressed to the Company regarding so-called citation proceedings or a traffic citation related to the Vehicle made available to the User by the Company,
9) Other costs, including costs and fees arising from legal provisions and costs imposed on the Company in connection with the User’s actions or omissions—in their full amount.
6. The Company shall charge the User a contractual penalty of 10,000.00 (ten thousand) zlotys for each of the following instances:
1) the User providing services using the Company’s data despite not having entered into any Agreement with the Company;
2) transferring a copy of the Company’s license (for a fee or free of charge) to a third party;
3) transferring a driver ID associated with the Company’s license (for a fee or free of charge) to a third party;
4) using the driver ID associated with the Company’s license, a copy of the Company’s license, or the side numbers assigned to the Company after the termination of the Agreement;
5) failure to comply with the obligation to appear at the place and time specified by the Company for the purpose of an inspection by the Company;
6) the User’s violation of the non-competition clause with respect to the Company;
7) the User’s violation of the obligation to maintain confidentiality or protect the Company’s trade secrets;
8) the User’s provision of services while under the influence of alcohol, drugs, or any other intoxicating substances.
7. The Company shall charge the User a contractual penalty of 500.00 (five hundred) PLN for each day of the violation in the event of the following violations:
1) a delay in the delivery of documentation (including a license extract) or other items provided to the User by the Company;
2) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the permanent or temporary loss of a driver’s license, if the services are performed by the User using a car;
3) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the permanent or temporary loss of the User’s authorization to perform the services provided by the User;
4) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the termination or expiration of the vehicle insurance policy, if the services are performed by the User using a car,
5) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the conclusion of a new vehicle insurance policy, if the services are performed by the User using a car,
6) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the User’s conviction by a final judgment for any fiscal offense or intentional crime,
7) the User’s failure to notify the Company immediately, no later than within 3 (three) days, of the existence of any contraindications (including health-related ones) to the User’s provision of services;
8) the User’s failure to provide the Company with information and documents confirming the User’s ability to provide services, in particular a driver’s license (in the case of services performed using a car), medical certificates, and other documents required by the Company in the Terms and Conditions, Agreements, or pursuant to the provisions of other documents, as well as those required by law.
8. Contractual penalties, fees, and other costs that the Companies may charge the User may also be specified in Agreements entered into by the User with any of the Companies, as well as in other terms and conditions pertaining to such Agreements.
§ 11
Complaints
1. The User may file a complaint regarding, in particular, the functioning of the Website.
2. Complaints may be submitted in writing to the Service Provider’s address specified in § 1, paragraph 13 of the Terms of Service or to the following email address: biuro@eternis.pl
3. The complaint should concisely state the circumstances justifying the complaint and specify the User’s related claims (indicating what the User is demanding from the Service Provider).
4. The Service Provider will review the complaint without delay, no later than within 14 (fourteen) days from the date it was submitted by the User.
5. The Service Provider shall inform the User of the outcome of the complaint in a written response (sent to the address provided by the User) or to the email address from which the complaint was sent.
§ 12
Amendments to the Terms of Service
1. The Service Provider is entitled to amend the Terms of Service.
2. The Company shall notify Users of any amendments to the Terms of Service and their new content via email sent to the address provided by the User when creating an account on the Website, no later than 3 (three) days before the amendments take effect.
3. If the User does not accept the changes to the Terms of Service, they may cease using the Website within 3 (three) days from the date of being notified of the changes to the Terms of Service.
4. Amendments to the Terms of Service take effect on the day following the expiration of the period specified in paragraph 2, unless the Company has specified a different, longer period for the amendments to take effect.
§ 13
Processing of Personal Data
1. The controller of the personal data of the Website’s users is Eter Connect sp. z o.o., with its registered office in Warsaw, at Aleja Niepodległości 18, 02-653 Warsaw, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division—National Court Register, under KRS number 0000858523, Tax Identification Number (NIP): 5223189244 (“Controller”).
2. In matters concerning the processing of the User’s personal data and the rights associated therewith, the User may contact the Data Protection Officer designated by the Controller via email at rodo@eternis.pl or in writing to the address of the Controller’s registered office indicated above in paragraph 1.
3. After creating an Account on the Website, the User may register and enter into an Agreement with the Company. In such a case, the personal data provided by the User in connection with registration is made available to the Company with which the User intends to enter into an Agreement. That entity becomes the controller of Users’ personal data upon registration. Eter Connect Sp. z o.o. does not independently perform any processing operations on the aforementioned data.
4. In connection with the use of the Website, the Administrator processes the following personal data of Users: email address and phone number, as well as data collected via cookies, as described in the Privacy Policy available on the Website. In the situation referred to in paragraph 2 above, the Company that is a party to the Agreement concluded with the User processes the following data provided by the User through the Website:
(a) first and last name;
(b) email address;
(c) phone number;
(d) city where the User intends to provide rides;
(e) PESEL number;
(f) date of birth;
(g) series and number of the national ID card or passport number;
(h) series and number of the driver’s license;
(i) residential address and mailing address, if different from the residential address;
(j) bank account number;
(k) identification number on Partners’ platforms
(l) certificate of no criminal record for the User;
(m) information regarding enforcement proceedings against the User that may affect the payment of compensation to the User;
(n) image;
(o) information regarding the User’s health (including mental health), to the extent necessary to confirm the User’s ability to operate motor vehicles;
(p) information regarding the User’s social security and health insurance coverage;
(q) the information contained in:
i. the User’s vehicle registration certificate,
ii. the User’s ID card or passport and driver’s license;
(r) the make, model, and hardware ID of the User’s mobile device
5. The personal data of Website Users is processed for purposes related to:
a) the use of services provided through the Website (Article 6(1)(b) of the GDPR),
b) marketing of services, which constitutes the Controller’s legitimate interest (Article 6(1)(f) of the GDPR), subject to the consent required by separate legal provisions (the Electronic Communications Act),
c) handling complaints—which constitutes the Controller’s legitimate interest, i.e., the ability to defend against claims (Article 6(1)(f) of the GDPR).
d) exchanging correspondence by responding to inquiries sent via the chatbot—which constitutes the Controller’s legitimate interest in ensuring the ability to respond to submitted inquiries or objections (Article 6(1)(f) of the GDPR),
e) monitoring traffic on the Website—which constitutes the Controller’s legitimate interest in ensuring access to the Website, its functionality, and optimization, as well as an appropriate level of security for Website users (Article 6(1)(f) of the GDPR),
f) defending against claims and pursuing claims, which constitutes a legitimate interest of the Controller (Article 6(1)(f) of the GDPR).
6. Users’ personal data will be processed until the legal basis for its processing expires, or until the purpose of the processing is achieved or ceases to exist for another reason, i.e.:
a) until the expiration of the contract for the provision of electronic services concluded with the Controller,
b) until the reported complaint is resolved,
c) if the basis for processing is the Controller’s legitimate interest, personal data will be stored until the legitimate interest is fulfilled or until the User objects to the processing of their personal data.
The above-mentioned data processing periods may be extended if such processing is necessary to establish and pursue potential claims or to defend against claims, and after that time only if and to the extent required by law.
If a Contract is concluded, Users’ personal data will be processed for the period specified in the Privacy Notice of the Company with which the Contract was concluded.
7. The recipients of Users’ personal data may include authorized public authorities and entities providing services on behalf of the Controller, pursuant to concluded agreements and in accordance with the Company’s instructions, including, in particular, the entity providing IT support for the Application, i.e., EVOBOT 2, a limited liability company with its registered office in Łomża, at ul. Gen. Władysława Sikorskiego 166/3.07, 18-400 Łomża. In addition, data recipients may include companies in the event that Agreements specified in § 1(12) of the Terms of Service are concluded through the Website.
8. The User has the right to access their data, delete their data, restrict processing, transfer their data, object to the processing of their data, and file a complaint with the supervisory authority, i.e., the President of the Data Protection Authority.
9. Detailed information regarding the processing of Users’ personal data can be found in the Privacy Policy available on the Website and in the Information Clauses provided to the User at the time of entering into agreements with the Companies.
§ 14
Copyright and Intellectual Property Rights
1. The Website and the works, trademarks, databases, as well as their selection and arrangement, are subject to the protection provided for by law, including the Act of February 4, 1994, on Copyright and Related Rights, the Act of July 27, 2001, on the Protection of Databases, and the Act of June 30, 2000, on Industrial Property Rights.
2. The rights to works, trademarks, and databases made available on the Website belong to the Service Provider, the Companies, or third parties.
3. The Website contains content protected by copyright, industrial property rights, and intangible assets protected by intellectual property law. All content presented on the Website, in particular graphics, trademarks, logos, icons, photographs, videos, and other content, may not be reproduced or distributed in any form or by any means.
4. By using the Website or the information contained therein, the User does not acquire any rights or obtain any licenses to the works or databases.
5. No part of the content (including text, graphics, logos, icons, images, photos, audio files, video files containing data, presentations, programs, and any other data) presented on the Website may be reproduced or distributed without the prior consent of the Service Provider.
§ 15
Confidentiality
1. The User agrees to keep confidential all information concerning the Service Provider, the Companies, or the Partners that the User has obtained in any manner, in particular information to which the User has become privy in connection with or in the course of the provision of services or the performance of the concluded Agreements, and the disclosure of which could harm the interests of the Service Provider, the Companies, or a Partner.
2. The confidentiality obligation referred to in paragraph 1 remains in effect and is binding on the User for the duration of the Account Service Agreement, as well as for the duration of any of the Agreements entered into by the User with the Companies, and for a period of 5 (five) years following their termination or expiration—calculated from the date of termination or expiration of the most recently effective Agreement.
§ 16
Additional Obligations of the User
1. The User agrees to comply with the provisions of these Terms of Service, the provisions of the Agreements, and any other terms and conditions made available to the User in connection with the Agreements.
2. The User also agrees to review and comply with all requirements and guidelines of the Partners providing the applications through which the User provides services; in particular, the User agrees to keep the Partners informed on an ongoing basis of their availability and the extent to which services are being provided using the Applications.
3. During the term of the Account Service Agreement, as well as during the term of any of the Agreements entered into by the User with the Companies, the User is obligated to refrain from entering into cooperation or providing services—even if only similar—to entities conducting business that competes with the Service Provider.
4. The User is obligated, during the term of the Account Service Agreement, as well as during the term of any Agreement entered into by the User with the Companies, to refrain from entering into cooperation with Partners without involving the Companies.
§ 17
Final Provisions
1. Unless otherwise provided in these Terms of Service, communication between the Service Provider and the User shall take place:
1) through the Website, or
2) in writing:
(i) to the Service Provider—at the address specified in § 1(13) of these Terms and Conditions,
ii) to the User—at the email address or physical address provided during the registration process, or
3) to the Service Provider in electronic form: by sending a message to the Service Provider’s email address (biuro@eternis.pl) or by phone at +48-720-760-760.
2. The Service Provider shall not be liable for Users’ tax settlements in situations where it is not the payer of taxes or advance tax payments when making payments to Users (i.e., in situations where the User conducts non-agricultural business activities, including those subject to a flat-rate income tax).
3. The Service Provider shall not be liable to Users for any interruptions in the operation or malfunctioning of Partners’ applications.
4. Any disputes arising from participation in the Service under these Terms and Conditions shall be governed by Polish law, and the parties hereby submit such disputes to the jurisdiction of the Polish courts having jurisdiction over the Service Provider’s registered office.
5. These Terms and Conditions constitute an integral part of the Agreements entered into by the User with the Companies and shall be applied equally, provided that in the event of any conflict between the provisions of the Agreements and these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.