TERMS AND CONDITIONS FOR USING THE PARROTONE APPLICATION AND THE PARROTONE.COM WEBSITE

§1

[general provisions]

1. Present Terms&Conditions define the rules for using the ParrotOne application available on the Android system, as well as the rights and obligations of HACHI S.A. with headquarters in Warsaw, and User rights related to the provision of electronic services.

1. The entity that manages the Application and runs the Website is HACHI S.A. with headquarters in Warsaw, ul. Wilanowska 7/2, 02-765 Warsaw, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Department of the National Court Register under KRS number 0000426650, tax identification number NIP: 7010324647, REGON number: 145880342, capital PLN 351 818.00, of which the whole was paid, contact@parrotone.com.

1. The definitions used in the Terms&Conditions have the following meaning:

§2

[electronically provided services]

1. Hachi provides the following electronic services to users:
1) enabling Users to set up an Account or a Business Account and using the Application’s functionalities ("Account Services");
1. Users of the Application are obliged to provide correct and factual data when registering an Account using an e-mail address or telephone number.
2. The User is obliged to use the Application and the Website in a manner consistent with the Terms&Conditions and the law.
3. In order to properly use the Application and all of its functionalities it is necessary to meet the technical requirements in the form of: a device with Internet access with the Android operating system version 6.0 or higher, and in the case of using additional functionalities related to the Application via the Website, a device with Internet access and Internet Explorer version 10 or higher installed on the device, Microsoft Edge version 40 or higher, Google Chrome version 58 or higher, Mozilla Firefox version 50 or higher, Opera version 44 or higher or Safari version 9 or higher. The cookies should be enabled in the Client’s browser.
4. Hachi processes personal data in accordance with the law and the Privacy Policy, which constitutes an attachment to the Terms&Conditions.

 

§3

[Account Services]

 

1. The Agreement regarding the Account Service is concluded when the User's Account or Business Account is established by using the Account Registration and is provided for an indefinite period.
2. Using the Account Registration is tantamount to acceptance of the Terms&Conditions.
3. After successful process of Account Registration, the User gains access to the Account or Business Account. Access to the Account or Business Account is possible after logging in to the Application.
4. The User is obliged to use only his own Account or Business Account. The User is obliged to keep the data enabling access to his Account or Business Account confidential and not to provide third parties with the data.
5. The User has the option of canceling the Account Service at any time, without providing a reason. Resignation from this service occurs by selecting the option to delete an Account or a Business Account by the User in the Application.
6. After deleting an Account or a Business Account entries placed by the User on the Wall remain in the Application, but anonymously.
7. The Account service is provided free of charge, however extending the functionality to the Premium Package is payable on the terms specified in §6.

 

§4

[Account]

 

1. As part of the Account’s functionality, the User receives access to the following:

1) writing private messages to other Users;

2) following and liking profiles of other Users;

3) inviting Users to friend groups;

4) adding one profile photo and one photo in the background;

5) using the text prediction functionality when sending messages;

6) optional use of the Application as an SMS messages client;

7) using the Prediction Translator functionality;

8) changing the data enabling access to the Account in case of Account Registration by e-mail address;

9) searching for Users with regard to specific criteria;

10) blocking other Users;

11) status settings.

2. As a part of using the Verified Account, the User receives in addition to the functionalities listed in paragraph 1, access to the Wall.
3. After purchasing the Premium Package on the terms described in §6, the Account User gains access to the following functionalities:

1) uploading additional profile photos;

2) unlimited viewing of the Account activity;

3) changing the color theme of the Application;

4) browsing who has viewed and liked the User’s Account

5) unlimited private messaging with non-friended users

6) sorting user search results by recent activity

 

§5

[Business Account]

1. As part of using the Business Account, the User receives access to the following functionalities:
1) sending messages to Users who were the first to send a message to the User using the Business Account;
2) following and liking profiles of other Users;
3) adding one profile photo and one photo in the background;
4) using the text prediction functionality when sending messages;
5) optional use of the Application as an SMS messages client;
6) using the Prediction Translator functionality;
7) changing the data enabling access to the Account in case of Account Registration by e-mail address;
8) searching for Users with regard to specific criteria;
9) blocking other Users;
10) status settings.
2. As a part of the Verified Business Account, the User also receives, in addition to the functionalities listed in paragraph 1, access to the Wall.
3. After purchasing the Premium Package on the terms described in §6, the Business Account User receives access to the following functionalities:
1) unlimited browsing of Business Account activity view;
2) changing the color theme of the Application;
3) browsing who has viewed and liked the User’s Business Account;
4) uploading additional profile photos;
5) browsing who has viewed and liked the User’s Account
6) sorting user search results by recent activity;

 

§6

[Premium Package]

1. The User has the option of buying the Premium Package for the following periods of time:
1) 3 months;
2) 6 months;
3) 12 months;
2. The payment for the Premium Package can be made in the Application, by using the Google Play Store subscription payment option.
3. Payments are processed by Google LLC with headquarters at 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
4. Payment details and terms&conditions are available on the following website: https://support.google.com/googleplay/answer/2651410.
5. The User receives access to the Premium Package functionality from the moment of selecting the dedicated option of purchasing the selected Premium Package available in the Application.
6. From the moment of fulfilling the option of purchasing the selected Premium Package, the User gains access to the Premium Package functionalities free of charge for 72 hours which are not included in the duration of the Premium Package.
7. The payment for the selected Premium Package occurs 72 hours after fulfilling the dedicated option to purchase selected Premium Package. The user has an option to resign from the purchase of Premium Package before the time indicated in the previous sentence runs out, by selecting the dedicated option available in the Application to resign from purchasing the Premium Package. In this case, after 72 hours from fulfilling the dedicated purchase option of the selected Premium Package, the User loses access to the Premium Package functionalities without incurring any fees related to the purchase of the Premium Package.
8. The procedure described in paragraph 5-7 refers to the first fulfillment of the option of purchasing a Premium Package by the User. For each subsequent fulfillment of the Premium Package purchase option, the User is not entitled to an additional 72 hours to use the Premium Package option at no charge, and the payment for purchasing the Premium Package and providing the Premium Package functionality to the User occurs at the same as selecting the option to purchase the selected Premium Package.

 

§7

[withdrawal from the contract]

1. According to art. 38 point 13 of the Act on consumer rights, the consumer is not entitled to the right to withdraw from the contract when relating to contracts for the supply of digital content that is not recorded on a tangible medium, if the service provided began with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the provider about the loss of the right to withdraw from the contract.
2. A pre-condition of Account Registration is the expression of User's consent before the deadline to withdraw from the contract expires. The customer is informed about the loss of the right to withdraw from the contract by Hachi.

 

§8

[complaints]

 

1. The User may file a complaint regarding services or irregularities in the operation of the Application electronically:
1) via e-mail: contact@parrotone.com;
2) through an online form available at: parrotone.com.
2. Hachi will consider the complaint and answer it no later than within 30 days of its receipt.

 

§9

[amicable dispute settlement]

 

1. The ODR platform available at http://ec.europa.eu/consumers/odr created on the basis of Regulation No 524/2013 of the European Parliament and Council on the online system for the settlement of consumer disputes and amendments to Regulation (CE) No. 2006/2004 and Directive 2009/22/EC (the ODR Regulation on consumer disputes). The ODR platform is an access point for consumers and entrepreneurs enabling them to settle out-of-court disputes covered by the above-mentioned Regulation.
2. In the event of a dispute between the User and Hachi regarding the complaint submitted by the User, the Consumer may use non-judicial means of dealing with complaints and pursuing claims. The client may, in particular, submit an application to initiate mediation or for the consideration of the case by an arbitral tribunal, or may use the help of the district (municipal) consumer advocate.
3. Detailed information on the possibility of using extrajudicial means of dealing with complaints and pursuing claims are available on the website of the Office of Competition and Consumer Protection, www.uokik.gov.pl, as well as on the websites of Voivodeship Inspectorates of Trade Inspections.

 

§10

[responsibility]

1. Hachi is not responsible for:
1) content of messages sent and received, content of statements posted by Users on the Wall or other places in the Application;
2) unauthorized use of trademarks and other distinctive signs belonging to third parties by Users through the Application, as well as unauthorized use of copyright protected works owned by third parties through the Application;
3) consequences of using an Account or Business Account by an unauthorized person as a result of entering into possession of data enabling access to the Account or Business Account;
2. Users may not use the Application in a manner that may lead to a breach of the proper functioning of the Application.
3. The User is obliged not to provide unlawful content with respect to the personal rights of Users and third parties.
4. The User is solely responsible for the content and data that he places in the Application.
5. Hachi is not responsible for any damages resulting from the use of the Application.
6. Hachi has the right to block the User from using the functionality of the Account or Business Account, or to delete the Account or Business Account in case of violation of the Terms&Conditions.

 

§11

[changes in Terms&Conditions]

 

1. Hachi is entitled to amend present Terms&Conditions for reasons such as changes in the law or changes in the functionality of the Application.
2. The amendment to the Terms&Conditions comes into force on the date indicated by Hachi - which shall not be less than 7 days from the day the new Terms&Conditions become available.
3. Each User will be informed about changes in the Terms&Conditions. Amendments to the Terms&Conditions are binding to the User unless he terminated the contract for the supply of electronic services within 7 days from the date of notification of the changes by deleting the Account or Business Account in the Application.

 

§12

[license]

1. Hachi is entitled to all copyright and related rights to the Application and the Works forming parts of thereof. Hachi declares that it has exclusive and full property rights to the Application, and that these rights are not encumbered with any third party rights.
2. At the moment of first Application use, Hachi grants the User a license to use the Application in accordance with its intended use.
3. The aforementioned license refer does not authorize the User to grant further licenses.
4. The license does not authorize the User or third parties who have access to the Application to modify or disassemble the Application in whole or in part.
5. Posting of the content in the Application by the User is tantamount to granting Hachi a non-exclusive license for an indefinite period of time for the use of said content by Hachi and other Users in all countries of the world in a manner enabling full use of content within the Application.

 

§13

[Website]

 

1. The User who also uses the Website has access to additional functionalities related to the Application, i.e. in particular:
1) adding, updating and deleting their own dictionaries through the Website, which can be used for the Prediction Translator functionality when sending messages;
2) viewing detailed statistics related to the use of the Business Account;

 

§14

[final provisions]

1. Present Terms&Conditions are available online at parrotone.com/app_regulamin and in Hachi’s headquarters.
2. In matters not covered by present Terms&Conditions, the provisions of Polish law shall apply, in particular the Act on the provision of electronic services and the Civil Code.
3. The Terms&Conditios come into force at 01.06.2019 r.