Rules and Regulations
§1 Definitions
1. Owner of the application – HearUs Sp. z o.o. based in Szerokie 56N, 20-050 Lublin, NIP [tax ID]: 7133096221, REGON [business registry number]: 36873258300000, hereinafter referred to as HearUs.
2. APP – the application for mobile phones and tablets, owned by HearUs, enabling USERS to use the available functionalities.
3. USER – a person who uses the functionalities offered by the HearUs app.
4. OPERATOR – the service provider making the app available.
5. 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.
§2 Preliminary provisions
1. These Rules and Regulations, hereinafter referred to as the “Rules and Regulations” specify the rules of using the HearUs mobile app for mobile devices with iOS and Android systems, hereinafter referred to as the “App”
2. The Rules and Regulations referred to in point 1 are rules and regulations as defined in the Act of 18 July 2002 on the provision of services by electronic means (consolidated text of the Journal of Laws of 2013, item 1422).
3. The services provided through the App include in particular
a) Enabling disabled people to communicate effectively and precisely on a daily basis;
b) Users will be able to communicate their needs and perform not only simple activities (such as shopping), but also more complicated tasks, such as appointments at government offices or banks;
c) Users will be able to communicate in shops, hospitals, schools and at home.
4. The App can be downloaded
a) for the iOS system,
b) for the Android system.
5. Downloading the App for systems mentioned in point 4 is free of charge.6. The costs of data transmission required to download, install and run the App shall be covered by its users on the basis of agreements concluded with Telecommunications Operators or other Internet suppliers.
7. The Operator shall not be responsible for the amount of charges calculated for the transmission of data necessary to use the App. The Operator recommends App users to use an app or operating system functions measuring the amount of data sent.
8. Using the full version of the App is paid.
9. The full version can be purchased each time for a month through the App. Payments shall be made through the internal store system depending on the platform: for iOS – AppStore and for Android – Google Play, in line with internal rules and regulations of the stores, or on the app’s website www.hearusapp.com through the PayU online payments system.
10. The full version of the App can be purchased on a subscription basis from the App’s website on www.hearusapp.com. Payments shall be made through direct debit with the use of the PayU online payments system.
11. The User may withdraw from subscription at any moment. The withdrawal will be confirmed via email sent by the App Owner stating the date of the last payment.
12. The User may not withdraw from subscription and require the refund of the subscription fee for the period already paid for, regardless of the frequency of using the App during that time.
§3 Obligations of HearUs
1. Making the HearUs App available for free download from generally accessible distribution channels for mobile apps.
2. Maintaining the operation of the App to an extent enabling its unrestricted use.
3. Providing technical assistance covering the maintenance and functioning of the App (by providing the user manual).
4. In the case of global problems with the app’s functioning, i.e. an interruption in the App’s operation caused by a failure, update or other event making it difficult or impossible to use the App – taking immediate measures to restore the full functionality of the App.
5. HearUs shall not be responsible for the malfunctioning of the App when it is caused by force majeure or any intentional, purposeful acts of third parties, and for cases when the malfunctioning of the App is a result of its improper use.
§4 Obligations of the User
1. The User shall use the App according to its purpose and with due respect for the rights of the Owner of the App.
2. All information sent through the App must be in compliance with law and good practice; it is forbidden to use the App in a way contrary to its intended purpose or in violation of law.
3. Informing the Owner of the App through an appropriate communication channel, i.e. e-mail to: contact@hearusapp.com, on any irregularities in the App’s functioning.
4. Informing the Owner of the App of any misuse of the app by third parties.
5. The User shall open an account in the app, providing his/her email address and password. The User may supply his/her data for an improved personalisation of the App.
6. The User is entitled to discontinue using the App at any time and for any reasons. Discontinuation of using the App shall mean its deletion from the User’s device.
7. Using the App shall mean granting the consent to receiving commercial information through the App.
8. The User acknowledges that using the App may be associated with risks of:
a) receiving spam,
b) presence and operation of malware,
c) presence and operation of Internet worms,
d) operation of spyware,
e) being exposed to cracking or phishing,
f) piracy,
g) sniffing,
h) being exposed to other unwanted or malicious software, causing operations unintended by the user, not covered by the definitions mentioned above, such as wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialer, hoax,
i) and other.
§5 Complains and complaint settlement procedure
1. Any complaints by users shall be sent immediately to HearUs by email to: contact@hearusapp.com
2. Depending on the level of complexity of the complaint, a reply shall be sent without undue delay, no later, however, than within 30 days of receiving the submission by HearUs.
3. In accordance with this paragraph, a complaint is not a global issue as defined in §3 point 4 of the Rules and Regulations.
§6 Personal data protection, privacy policy and intellectual property protection
1. For the processing of personal data, as defined in the Act of 10 May 2018 on personal data protection (Journal of Laws of 2018 item 100) referring to the application of the provisions of 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 (hereinafter the GDPR), the provisions of the Act on the provision of services by electronic means shall apply.
2. Users’ data are processes by HearUs Sp. z o.o. based in Szerokie 56N, 20-050 Lublin, NIP: 7133096221, REGON 36873258300000.
3. The collected data are used by HearUs to optimise its operations and to carry out marketing activities. In addition, after the User discontinues using the App, the data collected will be used in line with Article 19 (2) of the Act on the provision of services by electronic means, to which the User consents.
4. For each registered User who disclosed his/her personal data, HearUs provides access to the data pertaining to such user for the purpose of their verification, modification or erasure. The provision of personal data is voluntary.
5. HearUs shall create a database of clients using the App, with the proper protection and security measures in line with the applicable regulations, in particular through the use of the SSL protocol for all data transmissions and a managed firewall to protect HearUs servers.
6. HearUs shall not disclose, sell or lend the collected personal data regarding Users to any third parties or institutions, unless at the request of authorised State authorities for the purposes of any proceedings conducted by them.
7. HearUs may disclose general statistical data on the overall use of the App without the provision of data enabling the identification of Users.
§7 Changes and access to the Rules and Regulations
1. The Operator shall be entitled to amend the Rules and Regulations at any time. Changes to the Rules and Regulations shall be valid from the moment of uploading them to the App. Changes are deemed to be accepted by the user upon using the App.
2. The Operator shall provide access to the Rules and Regulations through a reference placed directly in the App.
§8 Final provisions
1. In any matters not regulated in the present Rules and Regulations, the applicable provisions of Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means and the Act of 10 May 2019 on personal data protection (Journal of Laws of 2018 item 100) referring to the application of the provisions of 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 (hereinafter the GDPR).
2. The Rules and Regulations shall apply as of 8 June 2018.